HomeMy WebLinkAbout1995-02-15; Planning Commission; Resolution 3747.-
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PLANNING COMMISSION RESOLUTION NO. 3747
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
CONSTRUCTION OF A RECREATIONAL VEHICLE
STORAGE AREA (PLANNING AREA “E”) A MASTER
PLAN RECREATION CENTER (PLANNING AREA ”M”)
CONSISTENT WITH THE P0INSE’ITI.A SHORES MASTER
PLAN LOCATED ON PROPERTY GENERALLY LOCATED NORTH OF FUTURE AVENIDA ENCINAS AND EAST OF
THE RAILROAD RIGHT OF WAY.
CASE NAME: POINSETTIA SHORES PLANNING
AREAS “E” AND “M”
CASE NO: SDP 94-03
WHEREAS, a verified application has been filed with the City of (
SITE DEVELOPMENT PLAN NO. SDP 94-03 FOR THE
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for
Development Plan as provided by Chapter 21.06 of the Carlsbad Municipal Code
WHEREAS, pursuant to the provisions of the Municipal Code, the 1
Commission did, on the 15th day of February 15, 1995, consider said request on 1
described as: Lots 6 and 7 of Carlsbad Tract No. 94-01 in the City of
Carlsbad, County of San Diego, State of California, according
to Map No. 13181, filed in the Office of the County Recorder
of San Diego County.
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission consid
factors relating to SDP 94-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the I
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
APPROVES Site Development Plan, SDP 94-03, based on the fc
findings and subject to the following conditions:
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Findings:
I. That the requested use is properly related to the site, surroundin,
environmental settings, is consistent with the various elements and objective
general plan, will not be detrimental to existing uses or to uses specifically pe
in the area in which the proposed use is to be located, and will not adversely
the site, surroundings or traffic circulation as the project design complies F
requirements of the Poinsettia Shores Master Plan and all other requil
applicable to the site. By conforming to the approved master plan, the proje,
consistent with various elements and objectives of the General Plan, and (b)
be detrimental to adjacent uses allowed by the master plan. The location and
of Planning Areas “E” and “M, as proposed, will not adversely impac
respective sites, surroundings or adjacent traffic circulation.
2. That the site for the intended use is adequate in size and shape to accommod
use, since all applicable requirements of the Poinsettia Shores Master Pla
been complied with. The project design for Area “E provides the required i
of Recreational Vehicle (RV) storage space (net 9,480 square feet) exclu
driveways, approaches and circulation aisles. The project design for Ar
provides a full range of recreation amenities and will satisfy the common anr
recreation requirements for the future permitted market rate planning area
the master plan. The sizes and shapes of each planning area is in sub!
conformance with the sizes and shapes approved with the master plan.
3. That all yards, setbacks, walls, fences, landscaping, and other features neces
adjust the requested use to existing or permitted future uses in the neighborhc
be provided and maintained. Screen walls and/or landscaping are prop(
provide screening for the both planning areas. The location, buffering, desi
landscaping associated with each planning area are intended to adjust these
the future permitted land uses and infrastructure (Avenida Encinas) wit1
master plan.
4. That the street systems serving the proposed use is adequate to properly ha]
traffic generated by the proposed use as indicated in the approved master pl
corresponding environmental review (Mitigated Negative Declaration). As a]
by City Engineering Department review, these planning areas will gent
minimal amount of traffic (just over 140 Average Daily Trips) which can bc
accommodated with the roadways and improvements associated with the builc
the master plan.
5. The project implements and complies with the Poinsettia Shores Master Pla
P75(D)).
6. The Planning Commission has, by inclusion of an appropriate condition
project, ensured building permits will not be issued for the project unless the 1
Engineer determines that sewer service is available, and building cannot OCCUI
the project unless sewer service remains available, and the Planning Commi!
PC RES0 NO. 3747 -2-
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1 satisfied that the requirements of the Public Facilities Element of the Gene
have been met insofar as they apply to sewer service for this project.
7. All necessary public improvements have been provided or will be reql 2
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to pay a public facilities fee. Performance of that contract and payment of 5
conditions of approval.
4 8. The applicant has agreed and is required by the inclusion of an appropriate c
will enable this body to find that public facilities will be available concurrc
6 need as required by the General Plan.
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9. The applicant is by condition, required to pay any increase in public facilit
new construction tax, or development fees, and has agreed to abide by any ad
requirements established by a Local Facilities Management Plan prepared I
8s Chapter 21.90 of the Carlsbad Municipal Code. This will ensure cc
availability of public facilities and will mitigate any cumulative impacts create
project.
10. This project is consistent with the City’s Growth Management Ordinance a
been conditioned to comply with any requirement approved as part of th
Facilities Management Plan for Zone 8.
11. The project is consistent with the City’s landscape policies as it has been con(
to comply with the requirements of the Landscape Manual.
12. That the proposed project is consistent with all applicable policies of tl
Batiquitos segment of Carlsbad’s Local Coastal Program.
13. All requirements of the California Environmental Quality Act have been met 1
the Mitigated Negative Declarations prepared for the Poinsettia Shores Mast (MP 175(D)) and the subsequent Master Tentative Map (CT 94-01). All p
mitigation measures identified in previous environmental review have either
been completed or are incorporated into the design of the proposed project.
14. Based on the “Initial Study” prepared for this project (Environmental
Assessment Form, Part 11), the Planning Commission determines that the pr
within the scope of the Mitigated Negative Declarations issued for MP 175(
CT 94-01? on file in the Planning Department, and there are no additional sigl
adverse environmental impacts associated with the project, therefore, RO
environmental review of this project is required. A Notice of Prior Complia~
issued on January 4,1995.
15. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, that the exactfc
imposed to mitigate impacts caused by or reasonably related to the Project, t
extent and the degree of the exaction is in rough proportionality to the
caused by the Project. 1 I 1) PC RES0 NO. 3747 -3-
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Conditions:
Planning:
I. Approval is granted for SDP 94-03, as shown on Exhibits “A - “G”, dated Fc
15, 1995, incorporated by reference and on file in the Planning Depal
Development shall occur substantially as shown unless otherwise noted ir
conditions.
2. The developer shall provide the City with a reproducible 24” x 36”, mylar cop^
Site Plan as approved by the Planning Commission. The Site Plan shall refl
conditions of approval by the City. The plan shall be submitted to the City EI
and be approved prior to building, grading, final map, or improvemer
submittal, whichever occurs first.
3. As part of the plans submitted for building permit plan check, the applicar
include a reduced version of the approving resolution/resolutions on a 24‘
blueline drawing. Said blueline drawing(s) shall also include a copy of any app
Coastal Development Permit and signed approved site plan.
4. A 500’ scale mylar of the site plan shall be submitted to the Planning Directo
to the issuance of grading or building permits. Said map shall show all IC
streets within and adjacent to the project.
5. This project is approved upon the express condition that building permits will
issued for development of the subject property unless the District En
determines that sewer facilities are available at the time of application for such
permits and will continue to be available until time of occupancy.
6. This project is also approved under the express condition that the applicant F
public facilities fee adopted by the City Council on July 28, 1987 (amended 4
1991) and as amended from time to time, and any development fees establisl
the City Council pursuant to Chapter 21.90 of the Carisbad Municipal Code 01
ordinance adopted to implement a growth management system or facilitie
improvement plan and to fulfill the subdivider’s agreement to pay the public fac
fee dated December 9, 1994, a copy of which is on file with the City Clerk
incorporated by this reference. If the fees are not paid this application will 1
consistent with the General Plan and approval for this project will be void.
7. Water shall be provided by the Carlsbad Municipal Water District.
8. This project shall comply with all conditions and mitigation required by the 2
Local Facilities Management Plan approved by the City Council on July 11,198
amended on January 4, 1994, incorporated herein and on file in the Pla
Department and any future amendments to the Plan made prior to the issual
building permits.
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1 9. If any condition for construction of any public improvements or facilities
payment of any fees in lieu thereoc imposed by this approval or imposed b!
Government Code Section 66020. If any such condition is determined to bt
without the condition complies with all requirements of law.
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10. Approval of this request shall not excuse compliance with all sections of the 5
this approval shall be invalid unless the City Council determines that the 3
this project are challenged this approval shall be suspended as prow
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Ordinance and all other applicable City ordinances in effect at time of
6 permit issuance.
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11. An exterior lighting plan including parking areas shall be submitted for I
Director approval. All lighting shall be designed to reflect downward and a1
impacts on adjacent homes or property.
12. No outdoor storage of material shall occur onsite unless required by the Fir
In such instance a storage plan will be submitted for approval by the Fire C
the Planning Director.
63. The operation, maintenance and liability responsibilities for the RV stor
(Area “E”) and recreation center (Area “M) shall be established by a Homc
Association and corresponding Covenants, Conditions and Restrictions (C
or other appropriate document/mechanism, subject to approval by the E
Director prior to the issuance of grading or building permits. The admini
and management of both planning area also shall be addressed.
14. No occupancy for any market rate residential unit within the master plan
granted until Area “E” is constructed and available for RV storage use per t
entitlement and corresponding approval exhibits. The recreation center j
associated with Planning Area “MI’ shall be bonded for prior to or concurr
the first market rate residential planning area final map approval.
construction and completion of Planning Area I’M” shall be achieved within fi
after issuance of the first building permit for a non-model dwelling uni
Master Plan. A disclosure statement about the delay in the recreation facilit
be given to new buyers at the time of sale. This condition shall also be rel
on each subsequent market rate residential planning area within the mas1
22 15. The applicant shall prepare a detailed landscape and irrigation plan which
23 submitted to and approved by the Planning Director prior to the approval of
or building plans, whichever occurs first. This final landscape plan may incc 24 the relocation of mature palm trees which were located elsewhere on the Mas
25 property prior to the site’s approved mass grading.
26 16. All landscape and irrigation plans shall be prepared to conform with the La
Manual and this project’s landscape exhibits (“D” - “F”, dated February 1 27 and submitted per the landscape plan check procedures on file in the 1
28 Department.
PC RES0 NO. 3747 -5-
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17. All landscaping shall comply with the landscape requirements of the Po
Shores Master Plan and the City’s Landscape Guidelines Manual.
18. All landscaped areas shall be maintained in a healthy and thriving conditic
from weeds, trash, and debris.
19. The applicant shall pay a landscape plan check and inspection fee as reql
Section 20.08.050 of the Carlsbad Municipal Code.
20. The first set of landscape and irrigation plans submitted shall include buildin
improvement plans and grading plans.
21. All signs proposed for this development shall at a minimum be desi1
conformance with the City’s Sign ordinance and the Poinsettia Shores Mas1
and shall require review and approval of the Planning Director prior to inst
of such signs.
22. Building identification and/or addresses shall be placed on all new and
buildings so as to be plainly visible from the street or access road; c
identification and/or addresses shall contrast to their background color.
23. Prior to the issuance of any grading or building permit for Planning Arer
“M”, the applicant shall receive approval of a Coastal Development Permit is
the California Coastal Commission that substantially conforms to this appr
signed copy of the Coastal Development Permit must be submitted to the P
Director. If the approval is substantially different, an amendment to SD
shall be required.
Enpineering:
24. This project is located within the West Batiquitos Lagoon Local Coastal P1
development design shall comply with the requirements of that plan.
25. Unless a standards variance has been issued, no variance from City Stam
authorized by virtue of approval of this site plan.
26. The applicant shall comply with all the rules, regulations and design requiren
the respective sewer and water agencies regarding services to the project.
27. The applicant shall be responsible for coordination with S.D.G.& E., Paci
Telephone, and Cable TV authorities.
28. Prior to the issuance of a grading permit or building permit, whichever OCCI
the developer shall submit proof that a Notice of Intention has been submitte
State Water Resources Control Board.
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1 29. Based upon a review of the proposed grading and the grading quantities shl
the site plan a grading permit for this project is required. Prior to issuan
be completed in substantial conformance with the approved plans.
2 building permit for this project, a grading permit shall be obtained and gradir
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30. Prior to hauling dirt or construction materials to or from any proposed const
site within this project, the applicant shall submit to and receive approval fr
City Engineer for the proposed haul route. The applicant shall comply 1
conditions and requirements the City Engineer may impose with regards
hauling operation.
31. The developer shall exercise special care during the construction phase of this
to prevent offsite siltation. Planting and erosion control shall be provi
accordance with the Carlsbad Municipal Code and the City Engineer. Rej
Chapter 11.06.
32. Additional drainage easements may be required. Drainage structures SI
provided or installed prior to or concurrent with any grading or building pe
may be required by the City Engineer.
33. The applicant shall comply with the City’s requirements of the National PC
Discharge Elimination System (NPDES) permit. The applicant shall provil
management practices to reduce surface pollutants to an acceptable level I
discharge to sensitive areas. Plans for such improvements shall be approved
City Engineer prior to issuance of grading or building permit, whichever occu
Building:
34. The project must comply with California Building Code, multi-family, disabled
regulations in effect at the time of application for building permits.
Fire:
35. Prior to the issuance of building permits, complete building plans shall be sub
to and approved by the Fire Department.
36. Additional on-site fire hydrants are required.
37. Applicant shall submit a site plan to the Fire Department for approval, which (
location of required, proposed and existing public water mains and fire hyc
The plan should include off-site fire hydrants within 200 feet of the project.
38. Applicant shall submit a site plan depicting emergency access routes, drivewa
traffic circulation for Fire Department approval.
39. An all weather, unobstructed access road suitable for emergency service vehiclc
be provided and maintained during construction. When in the opinion of tk
PC RES0 NO. 3747 -7-
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Chief, the access road has become unseniceable due to inclement weather (
reasons, he may, in the interest of public safety, require that construction op
cease until the condition is corrected.
40. All required fire hydrants, water mains and appurtenances shall be operatior
to combustible building materials being located on the project site.
41. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing $
automatic sprinklers, and other systems pertinent to the project shall be su'
to the Fire Department for approval prior to construction.
42. A monument sign shall be installed at the entrance to the driveway or prival
indicating the addresses of the buildings on site.
Carlsbad Municipal Water District:
43. The entire potable and non-potable water system/systems for subject project
evaluated in detail to ensure that adequate capacity and pressure for dc
landscaping and fire flow demands are met.
44. The developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. T
Diego County Water Authority capacity charge will be collected at issu:
application for meter installation.
45. Sequentially, the developer's engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requiremen obtain G.P.M. demand for domestic and irrigational needs from appropriate
B. Prepare a colored reclaimed water use area map and submit to the P Department for processing and approval.
C. Prior to the preparation of sewer, water and reclaimed water improvement meeting must be scheduled with the District Engineer for review, mmml
approval of the preliminary system layouts and usages (ie - GPM - EDU).
46. This project is approved upon the expressed condition that building permits 7
be issued for development of the subject property unless the water district sen
development determines that adequate water sewice and sewer facilities are a\
at the time of application for such water sewice and sewer permits will cont
be available until time of occupancy.
47. The developer shall adhere to all conditions as set forth in the Water Di
approved potable water, sewer and reclaimed systems analysis dated March 21
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 15th day of Fel
1995, by the following vote, to wit:
AYES: Chairperson Welshons; Commissioners Cumpas,
Monroy, Nielsen, Noble, and Savary.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIOI
~~/~~~~~~~~!~~~~~~~~~"-~ f//f;\
MICHAEL J. ~I~LZM-ILLER
Planning Director
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