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HomeMy WebLinkAbout1994-03-02; Planning Commission; Resolution 3627D 0 @ 1 2 3 4 5 6 71 ~ 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) 8 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 12 It 13 Ii WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin 14 15 described as: Commission did, on the 2nd day of March, 1994, consider said request on propert 16 17 18 19 I 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 21 22 and arguments, if any, of all persons desiring to be heard, said Commission considered a factors relating to SDP 89-14(A). 23 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio 25 26 A) That the foregoing recitations are true and correct. of the City of Carlsbad as follows: 27 28 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: 1 2 3 4 5 6 7 8 0 0 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. 10 11 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 16 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 18 19 continued availability of public facilities and will mitigate any cumulative impact I created by the project. 20 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. 23 25 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. 27 28 ... PC RES0 NO. 3627 -2- 0 0 2. 1 2 3 4 5 f3 3. 7 8 9 10 11 12 13 14 15 16 17 18 ~ 7. 8. 4. 5. 6. 19 I 20 21 22 23 24 25 26 27 28 9. 10. 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- e 0 1 2 3 4 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. 5 15. The developer shall install street trees at the equivalent of 40-foot intervals alon 8 7 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. 91 10 11 12 13 14 15 16 17 l8 I 19 20 21 22 23 24 25 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 PC RES0 NO. 3627 -4- I1 0 0 1 2 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 3627 -5- 0 0 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. 2 3 4 5 6 7 8 9 10 11 12 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 14 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. 17 18 19 20 21 22 23 24 25 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. 26 I1 27 28 PC RES0 NO. 3627 -6- II e 0 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 3 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 7 8 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 10 for approval prior to construction. 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. 14 15 16 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 18 19 51. The developer will have to pay for all fees, deposits and the major facilities change improvement plans. I 20 21 22 23 24 ... ... ... ... 25 26 ' 27 I! 28 PC RES0 NO. 3627 -7- ., 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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: * PLANNING DIRECTOR ~ I PC RES0 NO. 3627 -8-