HomeMy WebLinkAbout1994-03-02; Planning Commission; Resolution 3627D 0 @
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PLANNMG COMMISSION RESOLUTION NO. 3627
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING THE
AMENDMENT OF A SITE DEVELOPMENT PLAN TO REDUCE
A TWO STORY BUILDING TO A SINGLE STORY, REMOVE
PARKING SPACES AND INCREASE THE MAXIMUM CAPACITY
OF STUDENTS AND PLAY AREA OF A DAYCARE ON
PROPERTY GENERALLY LOCATED SOUTH OF HOSP WAY
AND EAST OF EL CAMIN0 REAL
CASE NAME: WESTERN FINANCIAL PLAZA i CASE NO: SDP 89-14(A)
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referred to the Planning Commission; and 9
WHEREAS, a verified application has been filed with the City of Carlsbad ar
10 WHEREAS, said verified application constitutes a request as provided by Tit
'I. 11 21 of the Carlsbad Municipal Code; and
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13 Ii WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin
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15 described as:
Commission did, on the 2nd day of March, 1994, consider said request on propert
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Parcel 2 of Parcel Map 8586 in the City of Carlsbad in the
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County, being a division of
portions of lots 4 and 5 in Section 32, Township 11 South,
range 4 West, San Bernardino Meridian, according to official
plat thereof.
2o I1 WHEREAS, at said public hearing, upon hearing and considering all testimon
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and arguments, if any, of all persons desiring to be heard, said Commission considered a
factors relating to SDP 89-14(A).
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24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio
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26 A) That the foregoing recitations are true and correct.
of the City of Carlsbad as follows:
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B) That based on the evidence presented at the public hearing, the Commissiol
APPROVES SDP 89-14(A), based on the following findings and subject to th
following conditions:
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Findinns:
1. The Planning Commission has, by inclusion of an appropriate condition to th
project, ensured building permits will not be issued for the project unless the Cit
Engineer determines that sewer service is available, and building cannot OCCI
within the project unless sewer service remains available, and the Plannin
Commission is satisfied that the requirements of the Public Facilities Element of th
General Plan have been met insofar as they apply to sewer service for this projec
2. School fees will be paid to ensure the availability of school facilities in the Carlsba
School District.
3. All necessary public improvements have been provided or will be required :
conditions of approval.
9 4. The applicant has agreed and is required by the inclusion of an appropriat condition to pay a public facilities fee. Performance of that contract and paper
of the fee will enable this body to find that public facilities will be availabl
concurrent with need as required by the General Plan.
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12 5. The proposed project is compatible with the surrounding future land uses sinc
surrounding properties are designated for Residential-Professional development 0: 13 the General Plan.
l4 6. This project will not cause any significant change to environmental impacts and
15 Notice of Prior Environmental Compliance has been issued by the Planning Directc
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on December 23, 1993.
7. The applicant is by condition, required to pay any increase in public facility fee, c
additional requirements established by a Local Facilities Management Plan prepare
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensw
17 new construction tax, or development fees, and has agreed to abide by an
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19 continued availability of public facilities and will mitigate any cumulative impact
I created by the project.
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21 8. This project is consistent with the City's Growth Management Ordinance as it ha
been conditioned to comply with any requirement approved as part of the Loce
22 Facilities Management Plan for Zone 2.
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1. Approval is granted for SDP 89-14(A), as shown on Exhibit(s) "A" - "D", date1 24
Conditions:
March 2, 1994, incorporated by reference and on file in the Planning Departmenl
Development shall occur substantially as shown unless otherwise noted in thes
26 conditions.
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PC RES0 NO. 3627 -2-
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9.
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This project is also approved under the express condition that the applicant pay th
public facilities fee adopted by the City Council on July 28, 1987 and as amende
from time to time, and any development fees established by the City Counc
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinanc
adopted to implement a growth management system or facilities and improvemer
plan and to fulfill the subdivider's agreement to pay the public facilities fee date
September 1, 1989, copies of which are on file with the City Clerk and a1
incorporated by this reference. If the fees are not paid this application will not E
consistent with the General Plan and approval for this project shall be void.
The applicant shall provide school fees to mitigate conditions of overcrowding a
part of building permit application. These fees shall be based on the fee schedul
in effect at the time of building permit application.
This project shall comply with all conditions and mitigation required by the Zon
2 Local Facilities Management Plan approved by the City Council on June 16,198;
incorporated herein and on file in the Planning Department and any futur
amendments to the Plan made prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or th
payment of any fees in lieu thereof, imposed by this approval or imposed by law o
this project are challenged this approval shall be suspended as provided i
Government Code Section 65913.5. If any such condition is determined to b
invalid this approval shall be invalid unless the City Council determines that th
project without the condition complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of the Zonin;
Ordinance and all other applicable City ordinances in effect at time of buildin;
permit issuance.
This approval shall become null and void if building permits are not issued for thi
project within einhteen months from the date of project approval.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate
pursuant to City standards. Location of said receptacles shall be approved by th
Planning Director. Enclosures shall be of similar colors and/or materials to th
project to the satisfaction of the Planning Director.
All roof appurtenances, including air conditioners, shall be architecturally integrate(
and concealed from view and the sound buffered from adjacent properties an(
streets, in substance as provided in Building Department Policy No. 80-6, to thc
satisfaction of the Directors of Planning and Building.
An exterior lighting plan including parking areas shall be submitted for Plannin:
Director approval. All lighting shall be designed to reflect downward and avoid aq
impacts on adjacent homes or property.
PC RES0 NO. 3627 -3-
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I 11. No outdoor storage of material shall occur onsite unless required by the Fire Chie
In such instance a storage plan will be submitted for approval by the Fire Chief an
the Planning Director.
12. The applicant shall prepare a detailed landscape and irrigation plan which shall E
submitted to and approved by the Planning Director prior to the issuance of gradin
or building permits, whichever occurs first.
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15. The developer shall install street trees at the equivalent of 40-foot intervals alon 8
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14. All landscaped areas shall be maintained in a healthy and thriving condition, fre 6
13. All parking lot trees shall be a minimum of 15 gallons in size.
all public street frontages in conformance with City of Carlsbad standards. Th
trees shall be of a variety selected from the approved Street Tree List.
from weeds, trash, and debris.
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16. All landscape plans shall be prepared to conform with the Landscape Guidelinc
Manual and submitted per the landscape plan check procedures on file in th
Planning Department.
17. Landscape plans shall be designed to minimize water use. Lawn and other zone
plants (see Landscape Guidelines Manual) shall be limited to areas of special visu;
importance or high use. Mulches shall be used and irrigation equipment and desig
shall promote water conservation.
18. The developer shall avoid trees that have invasive root systems, produce excessiv
litter and/or are too large relative to the lot size.
19. Planter width shall be a minimum of four (4) feet, not including curb, footing
and/or other paving, and parking overhang.
20. Prior to final occupancy, a letter from a California licensed landscape architect sha
be submitted to the Planning Director certifying that all landscaping has bee
installed as shown on the approved landscape plans.
21. Building identification and/or addresses shall be placed on all new and existin
buildings so as to be plainly visible from the street or access road; color (
identification and/or addresses shall contrast to their background color.
22. As part of the plans submitted for building permit plan check, the applicant sha
include a reduced version of the approving resolution/resolutions on a 24" x 3t
blueline drawing.
26 I 23. Prior to issuance of a grading or building permit, whichever comes first, a soi.
report shall be prepared and submitted to the City of Carlsbad. If the soils repo:
27 indicates the presence of potential fossil bearing material then a standard tw phased program, on file in the Planning Department, shall be undertaken to avoi 28
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possible significant impacts on paleontological resources under the direction of th
Planning Department.
24. A total of 26 permanent parking spaces are available to the daycare center. Becaw
of the limited availability of parking, the maximum allowed number of dayca
students shall be 125 and personnel shall be limited to 13. These maximums sha
not be exceeded.
Ehpjneerinn Conditions:
25. The developer shall provide the City with the reproducible 24" x 36" mylar copy (
the tentative parcel map as approved by the City Engineer. The tentative par0
map shall reflect the conditions of approval by the City. The map copy shall t
submitted to the City Engineer prior to issuance of building permits, or submitt;
of final map, improvement plans, or grading plans, whichever occurs first.
26. Unless a standard variance has been issued, no variance from City Standards j
authorized by virtue of approval of this tentative parcel map.
27. The subdivider shall be responsible to pay the recording fees for all agreement!
easements and documents required for this project.
28. All required fire hydrants, water mains, and appurtenances shall be operational pric
to combustible building materials being located on the project site.
29. This project is approved upon the express condition that building permits will nc
be issued for development of the subject property unless the District Enginec
determines that sewer facilities are available at the time of application for SUC
sewer permits and will continue to be available until time of occupancy. This not
shall be placed on the parcel map.
30. The developer shall comply with all the rules, regulations and design requiremen1
of the respective sewer and water agencies regarding services to the project.
31. The developer shall be responsible for coordination with S. D. G. & E., Pacifi
Telephone, and Cable TV authorities.
32. The developer shall provide an acceptable means for maintaining the easemenl
within the subdivision and all the private streets, sidewalks, street lights, storr
drain facilities and sewer facilities located therein and to distribute the costs of suc
maintenance in an equitable manner among the owners of the units within th
subdivision. Adequate provision for such maintenance shall be included with th
CC&R's subject to the approval of the City Engineer.
33. The applicant shall agree to utilize reclaimed water, in Type I form, on the subjec
property in all common areas as approved by the District Ehgineer. Reclaime
water, as defined in Section 1305(n) of the California Water Code, means watt
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I/ which, as a result of treatment of wastewater, is suitable for a direct beneficial us
1 or controlled use that would not otherwise occur.
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34. Pretreatment of the sanitary sewer discharge from this project may be required. I
addition to the requirements for a sewer connection permit the developer sha
conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. Tk
developer shall apply for an industrial waste water discharge permit concurrent]
with the building permit for this project. No Certificates of Occupancy for tk
project will be issued before the industrial waste discharge permit applicatia
requirements have been met, all applicable fees paid and permit issued.
35. Prior to hauling dirt or construction materials to any proposed construction sit
within this project the developer shall submit to and receive approval from the Cit
Engineer for the proposed haul route. The developer shall comply with a
conditions and requirements the City Engineer may impose with regards to th
hauling operation.
36. The developer shall exercise special care during the construction phase of th
project to prevent offsite siltation. Planting and erosion control shall be provide
in accordance with the Carlsbad Municipal Code and the City Engineer. Referenc
Chap 11.06. 1 13
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37. The Fire Marshal has determined that an onsite fire hydrant is required to serve th
project. Prior to issuance of a building permit for the site, the applicant mu!
submit and receive City and water district approval for appropriate waterlin
15 improvement plans and easements. All improvements shall be designed i
conformance with City and Water District Standards, plancheck and inspection fee
16 paid and improvement security shall be posted with the Water District.
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38. The structural section for the private driveway must be designed with a traffic inde
of 5.0 in accordance with City Standards due to a truck route through the parkin
lot and/or aisles with an ADT greater than 500.
39. Irrigation systems to accommodate future reclaimed water shall be designe
consistent with Title 17 of the California Administrative Code. Offsite futur
reclaimed water distribution systems should be anticipated by the installation c
adequately sized sleeves at crossing points to minimize street excavation.
Fire Conditions:
40. Prior to the issuance of building permits, complete building plans shall be submittel
to and approved by the Fire Department.
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41. The applicant shall submit two (2) copies of a site plan showing locations c
1 existing and proposed fire hydrants and onsite roads and drives to the Fire Marsh for approval prior to issuance of a building permit. 2
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4 43. Proposed security gate systems shall be provided with "Knox" key operated overrid
42. An all-weather access road shall be maintained throughout construction.
5 /I switch, as specified by the Fire Department.
44. Fire retardant roofs shall be required on all structures. 6
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45. Brush clearance shall be maintained according to the specifications contained in th
City of Carlsbad Landscape Guidelines Manual.
46. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkler? 9 and other systems pertinent to the project shall be submitted to the Fire Departmer
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XI. il 47. Building exceeding 10,000 square feet aggregate floor area shall be sprinklered.
12 I/ 48. The applicant shall agree to pay a fee established to cover the cost of updating Fil
13 I1 Department response maps.
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49. The entire water system for project must be evaluated in detail to insure adequal
Carlsbad Municipal Water District:
pressure and capacity for domestic, irrigation and fire flow demands are met.
50. The developer's engineer must schedule a meeting with the Fire Marshal and Distric 17 Engineer and review the preliminary water system layout prior to preparation of tE
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19 51. The developer will have to pay for all fees, deposits and the major facilities change
improvement plans.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
Commission of the City of Carlsbad, California, held on the 2nd day of March, 1994, b
the following vote, to wit:
AYES: Chairperson Savary; Commissioners: Schlehuber, Betz, Noblt
Welshons, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
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PLANNING DIRECTOR
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