HomeMy WebLinkAbout1991-02-20; Planning Commission; Resolution 3189i 0 0
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PLANNING COMMISSION RESOLUTION NO. 3189
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, GRANTING A
CONDITIONAL USE PERMIT FOR FIVE YEARS TO ALLOW A
CLAIMS CENTER ON PROPERTY GENERALLY LOCATED ON
THE NORTH SIDE OF PALOMAR AIRPORT ROAD BETWEEN
PALOMAR OAKS WAY AND CAMINO VIDA ROBLE.
CASE NAME: STATE FARM MUTUAL INSURANCE
CASE NO: CUP 90-11
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8 and referred to the Planning Commission; and
WHEREAS, a verified application has been filed with the City of Carlsbad
9 WHEREAS, said verified application constitutes a request as provided by
lo Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 20th day of February, 1991, hold a duly noticed public hearing
to consider said application on property described as:
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Lot 12 of CT 81-46, Unit 1 according to Map 11287 in the
City of Carlsbad, County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all
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19 considered all factors relating to CUP 90-11.
testimony and arguments, if any, of all persons desiring to be heard, said Commission
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
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of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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APPROVES CUP 90-11, based on the following findings and subject to the 24 B) That based on the evidence presented at the public hearing, the Commission
following conditions:
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Findinns:
1. That the requested use is necessary or desirable for the development of the
community, 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;
4 2. That the site for the intended use is adequate in size and shape to accommodate
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3. That all of the yards, setbacks, walls, fences, landscaping, and other features 6
the use;
7 necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained;
8 4. That the street system serving the proposed use is adequate to properly handle all 9 traffic generated by the proposed use.
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Conditions:
1. Approval of CUP 90-11 is granted subject to the approval of PIP 904.
2. Approval is granted for CUP 90-1 1, as shown on Exhibit(s) "A" - "E", dated
January 21, 1991, incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown unless otherwise
noted in these conditions.
3. 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.
i 4. This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the City EngineeI
determines that 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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22 5. This project shall comply with all conditions and mitigation measures which maq
amendments made to that Plan prior to the issuance of building permits. 23 be required as part of the Zone 5 Local Facilities Management Plan and anq
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6. If any condition for construction of any public improvements or facilities, or thc
payment of any fees in lieu thereof, imposed by this approval or imposed by lav
on this project are challenged this approval shall be suspended as provided ir
Government Code Section 65913.5. If any such condition is determined to bc
invalid this approval shall be invalid unless the City Council determines that thc
project without the condition complies with all requirements of law,
7. Approval of this request shall not excuse compliance with all sections of tht
Zoning Ordinance and all other applicable City ordinances in effect at time o
building permit issuance.
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8. This conditional use permit is granted for a period of five years. This conditiona.
use permit shall be reviewed by the Planning Director on a yearly basis tc
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 permii
may be revoked at any time after a public hearing, if it is found that the use ha:
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.
a significant detrimental affect on surrounding land uses and the public’s health
19 1 9. 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 20
project to the satisfaction of the Planning Director. 21
Planning Director. Enclosure shall be of similar colors and/or materials to the
22 10. All roof appurtenances, including air conditioners, shall be architecturally
23 integrated and concealed from view and the sound buffered from adjacent
properties and streets, in substance as provided in Building Department Policy No.
24 80-6, to the satisfaction of the Directors of Planning and Building.
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11. Compact parking spaces shall be located in large groups in locations to the
satisfaction of the Planning Director.
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12. An exterior lighting plan including parking areas shall be submitted for Planninl
Director approval. All lighting shall be designed to reflect downward and avoia
any impacts on adjacent homes or property.
13. No outdoor storage of material shall occur onsite unless required by the Fire Chief,
In such instance a storage plan will be submitted for approval by the Fire Chiej
and the Planning Director.
14. No ovemight storage of damaged vehicles on the property shall be allowed.
15. The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of
grading or building permits, whichever occurs first.
16. Al parking lot trees shall be a minimum of 15 gallons in size.
17. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
18. All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
19. Landscape plans shall be designed to minimize water use. Lawn and other zone
1 plants (see Landscape Manual) shall be limited to areas of special visual
importance or high use. Mulches shall be used and irrigation equipment and
design shall promote water conservation.
20. The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or are too large relative to the lot size.
21. Prior to final occupancy, a letter from a California licensed landscape architect
shall be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
22. All herbicides shall be applied by applicators licensed by the State of California.
23. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
24. The first set of landscape and irrigation plans submitted shall include building
plans, improvement plans and grading plans.
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25. 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.
26. 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.
27. All parking lot trees shall be canopy trees.
28. The minimum shrub size shall be 5 gallons.
29. 30% of trees in the project shall be 24" box or greater.
30. Any signs proposed for this development shall at a minimum be designed in
conformance with the City's Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
31. Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
32. As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24" x 36"
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
33. Prior to issuance of a building permit, revised elevations shall be submitted for the
review and approval of the Planning Director. Revisions shall include, but may not
be limited to, variations in the roofline. Roofline modifications may also
incorporate revisions to the facade of the building to the satisfaction of the
Planning Director.
Engneerinz Conditions:
34. The subdivider shall be responsible to pay the recording fees for all agreements,
easements and documents required for this project.
35. This project is approved under the express condition that the applicant pay the
additional public facilities fee adopted by the City Council on July 28, 1987, and
any development fees established by the City Council pursuant to Ordinance No.
9791 or subsequent ordinance adopted to implement a growth or development management system or public facilities phasing plan to fulfill the subdivider's
agreement to pay the public facilities fee, 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 shall be void.
PC RES0 NO. 3189 -5-
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36. This project is located in Zone 5 Local Facilities Management Plan. Recent traffic
monitoring has revealed that Palomar Airport Road from El Camino Real to the
eastern City limit falls below the adopted performance standard. Therefore, prior
to the issuance of a building permit, the owner shall participate in the guarantee
of a proportional share of the cost of improving this segment of Palomar Airport
Road.
37. All required fire hydrants, water mains, and appurtenances shall be operational
prior to combustible building materials being located on the project site.
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38. Unless a standard variance has been issued, no variance from City Standards is
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authorized by virtue of approval of this Site Plan.
. The developer shall comply with all the rules, regulations and design requirements
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40. The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
41. Thk project is approved specifically as 1 (single) phase.
42. 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.
43. The Fire Marshal has determined that onsite fire hydrants are required to serve this
project. Prior to issuance of a building permit for the site, the applicant must
submit and receive City and water district approval for appropriate waterline
improvement plans and easements. All improvements shall be designed in
conformance with City and Water District Standards, plancheck and inspection fees
paid and improvement security shall be posted with the Water District.
2o 11 44. Prior to the issuance of a building permit the developer shall do the fouo&g:
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1) Apply for a right of way permit, submit a traffic control plan and
appropriate securities in order to construct the driveway approach.
2) Submit plans, specifications, supporting documents and appropriate
securities for the comtruction of a temporary median closure along Palomar
Airport Road across Palomar Oaks Way. This condition shall be deemed
satisfied if the City is in receipt of the full amount of funds needed to
construct a full traffic signal at this intersection.
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3) Pay to the City the projects pro-rata share of the cost of constructing a full
intersection traffic signal at Palomar Oaks Way and Palomar Airport Road
The amount shall be as deterxnined by the City Engineer. This conditior
shall be discharged in the event that Centre Development, the underlying
Specific Plan Development, agrees to pay the full half signal cost as
determined by the City Engineer.
Fire Conditions:
45. Prior to the issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department.
~ 46. Additional public and/or onsite fire hydrants shall be provided if deemed necessary
by the Fire Marshal.
47. All required fire hydrants, water mains and appurtenances shall be operational
prior to combustible building materials being located on the project site.
11 48. All private driveways shall be kept clear of parked vehicles at all time, and shall
have posted "No ParkindFire Lane - Tow Away Zone" pursuant to Section
12 17.04.040, Carlsbad Municipal Code.
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49. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers,
and other systems pertinent to the project shall be submitted to the Fire
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Department for approval prior to construction.
four-hour fire walls with no openings therein which shall spilt the building into 16
50. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have
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10,000 ~q. ft. (or less) areas.
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1 II PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plan&
// Commission of the City of Carlsbad, California, held on the 20th day of February, 1991 2
3 // by the following vote, to wit:
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Schram
McFadden, Erwin, Marcus & Hall.
NOES: None.
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ABSENT: None.
ABSTAIN: None.
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ATTEST:
PLANNING DIRECTOR
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