HomeMy WebLinkAbout1990-11-07; Planning Commission; Resolution 3160' li W Q
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PLANNING COMMISSION RESOLUTION NO. 3160
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION AND OPERATION OF A TEMPORARY SALES OFFICE IN
PLANNING AREA 23 OF THE AVIARA MASTER PLAN ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF ALGA ROAD AT BLACKRAIL COURT.
CASE NAME: AVIARA LAND ASSOCIATES I , 1 CASE NO: CUP 90-7
WHEREAS, a verified application has been filed with the City of Carlsbad and referred to
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Carlsbad Municipal Code; and 9
WHEREAS, said verified application constitutes a request as provided by Title 21 of the 8
the Planning Commission; and
10 WHEREAS, pursuant'to the provisions of the Municipal Code, the Planning Commission
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application on property described as: l2
did, on the 7th day of November, 1990, hold a duly noticed public hearing to consider said
arguments, if any, of all persons desiring to be heard, said Commission considered all factors 16
WHEREAS, at said public hearing, upon hearing and considering all testimony and 15
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of Carlsbad as follows: l9
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City 18
relating to CUP 90-7. 17
A) That the foregoing recitations are true and correct.
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Portion of Section 22,26,27,28,33 and 34 in Township 12 South, Range 4 West
in the City of Carlsbad, County of San Diego, State of California.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
22 CUP 90-7, based on the following findings and subject to the following conditions:
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1. That the requested use is necessary or desirable for the development of the community, 24
Findinns :
is essentially in harmony with the various elements and objectives of the general plan, and
is not detrimental to existing uses or to uses specifically permitted in the zone in which
the proposed use is to be located because it facilitates the sale and subsequent occupation 26 of residentially designated property.
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2. That the site for the intended use is adequate in size and shape to accommodate the use
because all construction and improvements required for the sales office fit completely within the boundaries of the site.
3. That all of the yards, setbacks, walls, fences, landscaping and other features necessary to
adjust the requested sales office to existing or permitted future uses in the neighborhood
will be provided and maintained as all development standards for the Planning Area are being adhered to and the building is conditioned to be removed prior to future
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4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed sales office as Alga Road is a major arterial with a capacity of
40,000 ADT.
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5. The Planning Commission has, by inclusion of an appropriate condition to this project,
ensured building permits will not be issued for the project unless the City Engineer
determines that sewer service is available, and building cannot occur within the project
unless sewer service remains available, and the Planning Commission is satisfied that the
requirements of the Public Facilities Element of the General Plan have been met insofar
as they apply to sewer service for this project.
6. All necessary public improvements have been provided or will be required as conditions
of approval.
Conditions:
1. Approval is granted for CUP 90-7, as shown on Exhibit(s) "A" - "H", dated November 7,
1990, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the Site
Plan as approved by the Planning Commission. The Site Plan shall reflect the conditions
of approval by the City. The Plan copy shall be submitted to the City Engineer prior to
building, grading or improvement plan submittal, whichever occurs first.
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1 3. This project is approved upon the express condition that building permits will not be
issued for development of the subject property unless the City Engineer determines that
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sewer facilities are available at the time of application for such sewer permits and will
continue to be available until time of occupancy.
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4. This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28,1987 and as amended from time to
of the Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or facilities and improvement plan and to fulfill the subdivideis
agreement to pay the public facilities fee dated February 12, 1990, a copy of which is on
file with the City Clerk and is incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and approval for this project will
be void.
time, and any development fees established by the City Council pursuant to Chapter 21.90
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5. This project shall comply with all conditions and mitigation measures which may be
required as part of the Zone 19 Local Facilities Management Plan and any amendments
made to that Plan prior to the issuance of building permits.
6. Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
7. This conditional use pennit is granted for a period of five years. This conditional use
permit shall be reviewed by the Planning Director on a yearly basis to determine if all
conditions of this permit have been met and that the use does not have a significant
detrimental impact on surrounding properties or the public health and welfare. If the
Planning Director determines that the use has such significant adverse impacts, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to mitigate the significant
adverse impacts. This permit may be revoked at any time after a public hearing, if it is
found that the use has a significant detrimental affect on surrounding land uses and the
public’s health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five years upon
written application of the permittee made no less than 90 days prior to the expiration
date. In granting such extension, the Planning Commission shall find that no substantial
adverse affect on surrounding land uses or the public’s health and welfare will result
because of the continuation of the permitted use. If a substantial adverse affect on
surrounding land uses or the public’s health and welfare is found, the extension shall be
considered as an original application for a conditional use permit. There is no limit to the
number of extensions the Planning Commission may grant.
8. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
9. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Planning and Building.
10. Compact parking spaces shall be located in large groups in locations to the satisfaction of
the Planning Director.
11. The applicant shall prepare a detailed landscape and irrigation plan which shall include
screening of the parking lot and which shall be submitted to and approved by the Planning
Dktor prlor to the Lssuance of gradkg or bu;ldLg pe-ts, wKchever occurs &st.
12. All parking lot trees shall be a minimum of 15 gallons in size.
13. All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
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14. Preliminary landscape plans shall be submitted.
15. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual
and submitted per the landscape plan check procedures on file in the Planning
Department.
16. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants
(see Landscape Guidelines Manual) shall be limited. Mulches shall be used and irrigation
equipment and design shall promote water conservation.
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19. Prior to final occupancy, a letter from a California licensed landscape architect shall be 9
other paving, and parking overhang.
submitted to the Planning Director certifying that all landscaping has been installed as
17. The developer shall avoid trees that have invasive root systems, produce excessive litter
and/or are too large relative to the lot size.
18. Planter width shall be a minimum of four (4) feet, not including curb, footings and/or
10 shown on the approved landscape plans.
11 20. All herbicides shall be applied by applicators licensed by the State of California.
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21. The applicant shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
22. The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
23. All landscape and irrigation plans shall show existing and proposed contours and shall
match the grading plans in terms of scale and location of improvements.
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24. Mounding shall be used in parking lot landscaping or preliminary plans shall explain why
mounding is not possible to the satisfaction of the Planning Director.
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28. Any signs proposed for this development shall at a minimum be designed in conformance 22
27. 30% of trees in de project shall be 24" box or greater.
with the City's Sign Ordinance and shall require review and approval of the Planning
23 Director prior to installation of such signs.
24 29. Building identification and/or addresses shall be placed on all new and existing buildings
25 so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
26. The minimum shrub size shall be 5 gallons.
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30. The developer shall display a current Zoning and Land Use Map in the sales office at all
times, or suitable alternative to the satisfaction of the Planning Director.
31. AN sales maps that are distributed or made available to the public shall include but not
be limited to trails, future and existing schools, parks, and streets.
32. The applicant shall post aircraft noise notification signs as specified in Noise Policy No.
17 in the sales office. The number and locations of said signs shall be approved by the
Planning Director.
33. The proposed structure shall be for the sale of residential units within the Aviara Master
Plan only. Any alteration of use shall require an amendment to this Conditional Use
Permit Any site development plan processed within Planning Area 23 shall be conditioned
that no grading or building permit shall be issued until the sales office (including
foundation) allowed through CUP 90-7 is removed from the site.
34. Approval of CUP 90-7 is subject to approval of the Califomia Coastal Commission. Any
alteration of the proposed development by said Commission shall be reviewed and
approved by the Planning Director prior to issuance of grading or building permits.
35. As part of the plans submitted for building permit plan check, the applicant shall include
a reduced version of the approving resolutiordresolutions on a 24" x 36" blueline drawing.
Permit and signed approved site plan.
Said bluehe dra&g(s) shall also kclude a copy of any appxcable Coastal Development
36. Prior to the issuance of a building permit there shall be a deed restriction placed on the
deed to this property subject to the satisfaction of the Planning Director notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolution No. 3160 on the real property owned by the
declarant. Said deed restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions
or restrictions specified for inclusion in the deed restriction. Said deed restriction(s) may
be modified or terminated only with the approval of the Planning Director, Planning
Commission or City Council of the City of Carlsbad whichever has final decision authority
for this project.
EnRineering Conditions:
37. This approval is subject to all conditions of approval of Master Plan 177 and the Zone 19
Local Facilities Management Plan, and any amendments thereto-
38. This project is located withh the Mello 1 Local Coastal Plan. All development design shall
comply with the requirements of that plan.
39. The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
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40. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
41. The developer shall enter into lien contract for the future improvement of Blackrail Court
within the project for a full street width of 48 feet prior to grading or issuance of a
building permit, whichever occurs first. Improvements shall include but not be limited to
paving, base, sidewalks, curbs and gutter, medians, grading, clearing and grubbing,
undergrounding or relocation of Utilities, sewer, water, fire hydrants or retaining walls.
42. The applicant shall agree to utilize reclaimed water, in Type I form, on the subject
property in all common areas as approved by the City Engineer. Reclaimed water, as
defined in Section 1305(n) of the California Water Code, means water which, as a result
of treatment of wastewater, is suitable for a direct beneficial use or controlled use that
would not otherwise occur.
43. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Prior to issuance of a building permit
for the project, the applicant must submit and receive approval for grading plans in
accordance with City codes and standards, be issued a grading permit and complete the
grading work in substantial conformance with the approved grading plans.
44. The developer shall obtain a grading permit prior to the commencement of any clearing
or grading of the site.
45. No grading shall occur outside the limits of the project unless a grading or slope easement
is obtained from the owners of the affected properties. If the developer is unable to obtain
the grading or slope easement, he must either amend the Condition Use Permit or change
the slope so grading will not occur outside the project site in a manner which substantially
conforms to the approved site plan as determined by the City Engineer and Planning
Director.
46. A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
47. Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling operation.
48. The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
49. Additional drainage easements and drainage structures shall be provided or installed prior
to the issuance of grading or building permit as may be required by the City Engineer.
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50. The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the Conditional Use Permit. The
offer shall be made prior to issuance of any building permit or grading permit for this
project. All land so offered shall be granted to the City free and clear of all liens and
encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated. Blackrail Court shall be dedicated to a right of way width of
68 feet.
51. Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the site plan
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form
shall be provided by the City during the improvement plancheck process.
52. Runoff from this project is conveyed to environmentally sensitive areas, The subdivider
shall provide adequate means of eliminating urban pollutants from drainage prior to
discharge. Plans €or such improvements shall be approved by the City Engineer prior to
issuance of grading or building permit.
53. The developer shall install a wheelchair ramp at the public street comer abutting the
project site in conformance with City of Carlsbad Standards prior to occupancy of any
buildings.
54. The design of all private streets and drainage systems shall be approved by the City
Engineer prior to issuance of any grading or building permit for this project. The
structural section of all private streets shall conform to City of Carlsbad Standards based
on R-value tests. All private streets and drainage systems shall be inspected by the City,
and the standard improvement plan check and inspection fees shall be paid prior to '
issuance of any building or grading permit for this project.
55. Imgation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code.
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1 ll PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
/I of the City of Carlsbad, California, held on the 7th day of November, 1990, by the following vote,
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3 11 4 AYES: Chairperson schramm, Commissioners: Holmes, McFadden, Erwin, Marcus
and Hall. 5
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NOES: None.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
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