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HomeMy WebLinkAbout1994-05-04; Planning Commission; Resolution 36434' *. I/ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 PLANNING COMMISSION RESOLUTION NO. 3643 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMUTER RAIL STATION ON PROPERTY GENERALLY LOCATED WITHIN THE NORTH COUNTY TRANSIT DISTRICT RAILROAD POINSETTIA LANE. CASE NAME: POINSETTIA COMMUTER RAIL STATION RIGHT-OF-WAY APPROXIMATELY 2100 FEET NORTH OF CASE NO: CUP 93-02 WHEREAS, a verified application has been filed with the City of and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as prc Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the 13 1 consider said application on property described as: l4 1 Commission did, on the 4th day of May, 1994, hold a duly noticed public h 15 16 17 18 19 20 21 22 23 24 25 26 ~ That portion of lot 1 in section 29, Township 12 south, range 4 west, San Bernardino Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to the official plat thereof, lying northeasterly of the northeasterly line of the 200 foot wide right-of-way of the Atchison, Topeka and Santa Fe Railway Company and a parcel of land being in the City of Carlsbad, County of San Diego, State of California, and being a portion of the east half of the northeast quarter of section 29, township 12 south, range 4 west, San Bernardino Meridian, according to the official plat thereof. WHEREAS, at said public hearing, upon hearing and consic testimony and arguments, if any, of all persons desiring to be heard, said Co considered all factors relating to CUP 93-02. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Co 27 A) That the foregoing recitations are true and correct. 28 of the City of Carlsbad as follows: I I1 *. e 0 B) That based on the evidence presented at the public hearing, the COI 1 APPROVES CUP 93-02, based on the following findings and subjec following conditions: 2 3 FindiIlES: 4 1. That the requested use is necessary or desirable for the develop me^ community because it creates a transportation node, is essentially in ham alternate form of transportation, and is not detrimental to existing uses ( 6 7 specifically permitted in the zone in which the proposed use is to be 101 2. That the site for the intended use is adequate in size and shape to acco 5 the various elements and objectives of the general plan because it imple 8 3. That the North San Diego County Transit Development Board (NSDCI'DI 9 the proposed amount of parking and the commuter rail platform; 10 11 agency certified an EIR for the commuter rail project which included the 1 Station 4. That the EIR was reviewed and considered and therefore has been prc 12 compliance with Title 19, Environmental Protection Procedures and the { 13 li Envknmental Quality Act. l4 I1 5. That the proposed project meets all of the development standards requix zone; 1 r II Ail 6. That the street system serving the proposed use is adequate to properly I 16 traffic generated by the proposed use; 17 7. That the nod operation of the commuter rail facility will not advers 18 19 Conditions: the adjoining existing developments. 20 1 Planning: 21 1. 22 23 24 25 26 27 28 This conditional use permit is granted for a period of three (3) ye; conditional use permit shall be reviewed by the Planning Director on a ye to determine if all conditions of this permit have been met and that the not have a significant detrimental impact on surrounding properties or I health and welfare. If the Planning Director determines that the use significant adverse impacts, the Planning Director shall recommend Planning Commission, after providing the permittee the opportunity to add additional conditions to mitigate the significant adverse impacts. TI may be revoked at any time after a public hearing, if it is found that tk a significant detrimental affect on surrounding land uses and the publj and welfare, or the conditions imposed herein have not been met. TI may be extended for a reasonable period of time not to exceed five (5) y PC RES0 NO. 3643 -2- t’ 3 e 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 written application of the permittee made no less than 90 days pric expiration date. In granting such extension, the Planning Commission that no substantial adverse affect on surrounding land uses or the publil and welfare will result because of the continuation of the permitted 1 substantial adverse affect on surrounding land uses or the public’s hc welfare is found, the extension shall be considered as an original applic a conditional use permit. There is no limit to the number of exten Planning Commission may grant. 2. The applicant shall prepare a detailed landscape and irrigation plan whic submitted to and approved by the Planning Director prior to the ap grading or building plans, whichever occurs first. 3. Tmd paving shall be in conformance with ADA. standards. 4. A landscape barrier and/or fence shall be provided along the eastern si north/south circulation aisle to direct movement to the designated 7 versus allowing movement through the planters and across the circulat 5. A double planter walkway for the two central eastlwest circulation aisle considered. 6. The platform concrete Surface shall be textured to the satisfaction of the Director. 7. Trash receptacles shall be provided on the platform and at the loading/l sidewalk. 8. Physical buffering, including sound walls if necessary, shall be provided the platforms and Lanikai Lane Mobilehome Park to the satisfactic Planning Director. 9. Transition or buffer improvements shall be provided along the south an( boundaries at the time of development of adjoining properties to the si of the Planning Director. 10. All signage shall conform to the requirements of a comprehensive sip approved by the Planning Director. Signage and advertising within 1 subject to the provisions of the sign ordinance and the compreha program and shall be restricted to information concerning the opt transportation services provided by the North County Transit Departme 11. The project must be built and maintained to meet or exceed Amtrack s 12. AU landscaped areas shall be maintained in a healthy and thriving cond from weeds, trash, and debris. PC RES0 NO. 3643 -3- I1 b d. 0 0 13. Any change in the operation of the station resulting b, including but nc ancillary activities, shall require review and approval of the Planning Cox 1 to extended hours of operation, additional structures, loudspeaker sy~r 2 3 Ennineerinn Conditions: 4 5 6 7 8 14. Unless a standards variance has been issued, no variance from City Sta authorized by virtue of approval of this site plan. 15. The applicant shall comply with all the rules, regulations and design req1 of the respective sewer and water agencies regarding services to the PI- 16. The applicant shall be responsible for coordination with S.D.G.&E., P: Telephone, and Cable TV authorities. 9 17. Based upon a review of the proposed grading and the grading quantities I work be completed in substantial conformance with the approved gradi the site plan, a grading permit for this project may be required. Prior tc 10 of a building permit for the project, a grading permit shall be obtained an 11 12 13 14 15 16 17 18. Prior to hauling dirt or construction materials to or from any construction site within this project, the applicant shall submit to an approval from the City Engineer for the proposed haul route. The applil comply with all conditions and requirements the City Engineer may iml regards to the hauling operation. 19. The developer shall exercise special care during the construction pha: project to prevent offsite siltation. Planting and erosion control shall be in accordance with the Carlsbad Municipal Code and the City Engineer. 1 Chapter 11.06. ~ ~ l8 20. The applicant shall co:mply with the City's requirements of the National 20 management practices to reduce surface pollutants to an acceptable levc discharge to sensitive areas. Plans for such improvements shall be approT 21 City Engineer prior to issuance of grading or building permit. 19 Discharge Elimination System (NPDES) permit. The applicant shall prc I 22 21. Plans, specifications, and supporting documents for all public improvem be prepared to the satisfaction of the City Engineer. Prior to issuance c 23 25 24 to install the following improvements: permit and in accordance with City Standards, the applicant shall install A. Full 1/2 width street improvements including paving, curl sidewalk, street lights, and storm drain facilities along the projec 26 on Avenida Encinas. Improvements shall be in accordance standards for a Secondary Arterial. Revisions to these im~ 27 requirements may be approved by the City Engineer. 28 PC RES0 NO. 3643 -4- a- z. a e 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The driveway entrance area that provides access to the project Avenida hcinas. These improvements shall match and join the Encinas road improvements that are to be constructed under contract by the City. 22. This project shall be identified as "Carlsbad Poinsettia Station". prior tc permit issuance, the applicant shall submit to the City Engineer for re approval striping and signing plans that include location and text of tht be installed on the project site. Water District: 23. The entire potable water system, reclaimed water system and sewer sys be evaluated in detail to ensure that adequate capacity, pressure and flow are met. 24. The developer shall be responsible for all fees, deposits and charges whi~ collected at the time of issuance of the building permit. The San Dieg Water Authority capacity charge will be collected at issuance of applic meter installation. 25. Sequentially the developer's engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire 1 requirements. B. Prepare a colored reclaimed water use area map and submit to the Department for processing and approval. C. Schedule a meeting with the District Engineer for review, corn approval of the preliminary system layout usage (G.P.M. - E.D.U. potable, reclaimed and sewer systems prior to the prepal improvement plans. 26. This project is approved upon the expressed condition that building pe not be issued for development of the subject property unless the watc serving the development determines that adequate water service a: facilities are available at the time of application for such water service 2 permits will continue to be available until time of occupancy. This not placed on the Site Development Plan. 27. If any condition for construction of any public improvements or faciliti payment of any fees in lieu thereof, imposed by this approval or imposc on this project are challenged this approval shall be suspended as pr Government Code Section 65913.5. If any such condition is determil invalid this approval shall be invalid unless the City Council determine project without the condition complies with all requirements of law. PC RES0 NO. 3643 -5 - ._ r- a 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 Police: 28. Open parking lots and walkways shall be provided with a maintained mi1 one (1) footcandle of light on the ground surface during the hours of ( Lighting devices shall be protected by weather and vandalism covers. 29. Landscaping shall be kept at a minimal height and fullness giving police, services and the general public surveillance capabilities of the area. Pa shrubs shall be low profile shrubs. Trees shall not counter act the effe lighting units. Walkway landscaping should not provide coverage for someone to hide. shall be low profile and trees shall be trimmed up to six feet. 30. Restrooms shall be well illuminated with weather, and vandal resista Landscape should not impede vision into restroom areas. 31. Door of utility room shall be equipped with security hardware. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 4th day of May, 199 following vote, to wit: AYES: Chairperson Savary, Commissioners: Schlehuber, Bet: Welshons, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. n ATTEST: !L Planning Director PC RES0 NO. 3643 -6- I'