HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4401I 0 0
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PLANNING COMMISSION RESOLUTION NO 4401
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
SQUARE FOOT STRUCTURE ON PROPERTY GENERALLY
LOCATED WEST OF CANNON ROAD AT FARADAY
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: AGUA HEDIONDA VISITOR/NATURE
CASE NO.: SDP 98- 15
WHEREAS, the Agua Hedionda Lagoon Foundation, “Developer”, hl
verified application with the City of Carlsbad regarding property owned by Kell
Company, “Owner”, described as
DEVELOPMENT PLAN SDP 98-15 TO RELOCATE A 3,600
CENTER
That portion of Lot “I” of Rancho Agua Hedionda and that
portion of Lot “F” of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof No. 823, filed in the office of the County
Recorder of San Diego County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Dew
Plan as shown on Exhibit(s) “A” - “D” dated October 7, 1998 , on file in the I
Department, AGUA HEDIONDA VISITORlNATURE CENTER, SDP 98-15, as pro7
Chapter 2 1.06/Section 2 1.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of Octobe,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the :
Commission APPROVES AGUA HEDIONDA VISITOWN
CENTER, SDP 98-15, based on the following findings and subjec
following conditions:
Findings:
1, That the requested use is properly related to the site, surroundings and envir
settings, is consistent with the various elements and objectives of the General 1
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrou
traffic circulation, in that the project is on an isolated parcel of land re,
surrounding developable areas and has been designed with sufficient onsite
and circulation.
2. That the site for the intended use is adequate in size and shape to accommodate tk
that all of the required setbacks have been met or exceeded.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the proposed building is situated on the site i
way that all setbacks are exceeded and all landscaping has been designed 1
intent of creating a smooth transition from the site to the natural area;
surround it.
4. That the street systems serving the proposed use is adequate to properly handle a
generated by the proposed use, in that the project is adjacent to Cannon Road 7
a major arterial.
Conditions:
1. Staff is authorized and directed to make, or require owner to make, all correcti
modifications to the Site Development Plan document(s) necessary to mal
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
2. The owner shall comply with all applicable provisions of federal, state, su
ordinances in effect at the time of building permit issuance.
3. The owner shall and does hereby agree to indemnify, protect, defend and hold E
the City of Carlsbad, its Council members, officers, employees, agen
representatives, from and against any and all liabilities, losses, damages, demands
and costs, including court costs and attorney’s fees incurred by the City arising,
, i PC RES0 NO. 4401 -2-
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or indirectly, from (a) City’s approval and issuance of this Conditional Use Pt
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein,
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissio,
facility of electromagnetic fields or other energy waves or emissions.
4. The owner shall provide the City with a reproducible 24” x 36”, mylar copy ol
Plan as approved by the final decision making body. The Site Plan shall rc
conditions of approval by the City. The Plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
5. The owner shall pay the public facilities fee adopted by the City Council on
1987, (amended July 2, 1991) and as amended from time to time, and any dew
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad R/
Code or other ordinance adopted to implement a growth management system or 1
and Improvement Plan and to fulfill the subdivider’s agreement to pay th
facilities fee dated July 10, 1998, a copy of which is on file with the City Cle~
incorporated by this reference. If the fees are not paid, this application wil
consistent with the General Plan and approval for this project will be void.
6. The project is subject to the Agreement Between Kelly Land Compa
Carlsbad Unified School District Relative to Mitigation of K-12 School F
Impacts.
7. If any condition for construction of any public improvements or facilities, or the 1
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro\
Government Code Section 66020. If any such condition is determined to be inv
approval shall be invalid unless the City Council determines that the project wit
condition complies with all requirements of law.
8. Trash receptacle areas shall be screened from public view.
9. An exterior lighting plan including parking areas shall be submitted for Planning :
approval. All lighting shall be designed to reflect downward and avoid any im]
adjacent property.
10. An erosion control plan consistent with the Grading Ordinance shall be p’
and approved to the satisfaction of the City Engineer prior to the issuan
grading permit.
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PC RES0 NO. 4401 -3 -
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1 1. No outdoor storage of materials shall occur onsite unless required by the Fire (
such instance a storage plan will be submitted for approval by the Fire Chie
Planning Director.
12. The owner shall prepare a detailed landscape and irrigation plan in conformance
approved Preliminary Landscape Plan and the City’s Landscape Manual. The pl
be submitted to and approval obtained from the Planning Director prior to
occupancy. The Developer shall construct and install all landscaping as shov,
approved plans, and maintain all landscaping in a healthy and thriving condil
from weeds, trash, and debris.
13. The Owner shall implement, or cause the implementation of, the Agua H
Visitor/Nature Center Project Mitigation Monitoring and Reporting Program.
14. The primary use of this site shall be as an interpretive center by the Agua H
Lagoon Foundation. A portion of the building may be leased to a governm
quasi-governmental agency such as, but not limited to, the Coastal Cons1
California Department of Fish & Game, or City of Carlsbad, to help subsi
maintenance costs of the site.
Engineering:
Note: Unless specifically stated in the condition, all of the following engineering COI
upon the approval of this proposed Site Development Plan, must be met prior to apprc
building permit.
15. The net developable acres for the site shall be shown by the owner on the G
Drainage & Utility Plan and Site Plan conforming mylars to the satisfactio~
City Engineer.
16. Prior to issuance of any building permit, the owner shall comply with the require1
the City’s anti-graffiti program for wall treatments if and when such a pro
formerly established by the City.
17. Prior to hauling dirt or construction materials to or from any proposed construcl
within this project, the owner shall submit to and receive approval from the City E
for the proposed haul route and obtain an oversized load permit from the Cil
owner shall comply with all conditions and requirements the City Engineer may
with regards to the hauling and building relocating (oversized load permit) ope
18. The owner shall install sight distance corridors in accordance with Eng
Standards and prior to issuance of a grading permit, shall record the fo
statements on the Grading, Drainage & Utility Plan, Site Plan and Lam
Concept Plan conforming mylars:
PC RES0 NO. 4401 -4-
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a. Mature vegetation within the site line area of all intersections shr
greater than 30" in height or have a canopy no less than 8' in heig
the adjacent major street grade.
b. No structure, fence, wall, sign, or other object over 30 inches above tl:
street level shall be placed or permitted to encroach within the area ident
sight distance corridor in accordance with City Standards. The UI
property owner shall maintain this condition.
FeedAgreements:
19. This project is within the Cannon Road West, Bridge and Thoroughfare Fee
No. 3. This project is required to pay a fair share contribution tow2
construction of Cannon Road West in accordance with the fee program. Th
shall pay a fee of %124.00/ADT attributable to the project, subject to I
increase or decrease at time of building permit.
20. The owner shall pay all current fees and deposits required.
2 1. The owner of the subject property shall execute an agreement holding the City 1
regarding drainage across the adjacent property.
22. The owner shall execute a hold harmless agreement for geologic failure.
Grading:
23. Based upon a review of the proposed grading and the grading quantities show
Grading, Drainage & Utility Plan, a grading permit for this project is require
owner must submit and receive approval for grading plans in accordance with Cil
and standards.
24. Prior to the issuance of a grading permit, the owner shall submit proof that a K
Intention has been submitted to the State Water Resources Control Board.
25. Upon completion of grading, the owner shall ensure that an "as-graded" geologic
submitted to the City Engineer. The plan shall clearly show all the geology as t
by the grading operation, all geologic corrective measures as actually construc
must be based on a contour map which represents both the pre and post site gradin
plan shall be signed by both the soils engineer and the engineering geologist. T
shall be prepared on a 24" x 36" mylar or similar drafting film and shall bel
permanent record.
26. No grading for private improvements shall occur outside the limits of the pro.
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encroach into any public or private easement, unless a grading or slope ea:
agreement is obtained from the owners of the affected properties and recorde
owner is unable to obtain the grading or slope easement, or agreement, no gradi:
will be issued. In that case the owner must either amend the Site Plan or m
plans so grading will not occur outside the project site or within any public 01
easement in a manner which substantially conforms to the approved Site
determined by the City Engineer and Planning Director.
DedicationsAmprovements:
27. Prior to issuance of a grading permit, the owner shall enter into the City's s
Grading and Erosion Control Agreement and post any required bonds/sf
which shall include basin maintenance obligations in conformance w
agreement, to the satisfactory to the City Engineer. Additionally, the existin;
desiltation basin shall be serviced by an all-weather accesdmaintenance road.
weather accesdmaintenance road shall be shown on the Grading, Drainage 4
Plan and Site Plan conforminE mvlars.
28. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be req
the City Engineer.
29. Direct access rights for the project frontage with Cannon Road shall be waived bq
owner by separate instrument, excepting therefrom the driveway access to th
30. The owner shall comply with the City's requirements of the National Pollutant D
Elimination System (NPDES) permit. The owner shall provide best man;
practices as referenced in the "California Storm Water Best Management I
Handbook" to reduce surface pollutants to an acceptable level prior to disc1
sensitive areas. Plans for such improvements shall be prepared by the ow1
approved by the City Engineer. Said plans shall include but not be limited to n
prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work 1
established disposal programs to remove and properly dispose of toxic
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor
antifreeze, solvents, paints, paint thinners, wood preservatives, and other ,
fluids shall not be discharged into any street, public or private, or into storm c
or storm water conveyance systems. Use and disposal of pesticides, fimgici
herbicides, insecticides, fertilizers and other such chemical treatments shall r
Federal, State, County and City requirements as prescribed in their respec
containers.
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C. Best Management Practices shall be used to eliminate or reduce surface polh
when planning any changes to the landscaping and surface improvements.
31. A minimum 660’ Corner Sight Distance, sight line shall be shown by the c
the site access driveway/Cannon Road intersection. This sight line shall b
on the Grading;, Drainage & Utili* Plan, Site Plan and Landscape Concc
conforming mvlars, and, final proiect landscape plans.
32. On-site driveways, aisle ways and parking areas shall be constructed by th
with A/C pavement, to the satisfaction of the City Engineer. This shall be SI
the Grading;, Drainage & Utilitv Plan and Site Plan conforming mylars.
33. Prior to occupancy, the Grading, Drainage & Utility Plan, Site Plan and La
Concept Plan shall be combined into one comprehensive site plan, plan sei
owner, and labeled as Sheet’s 1 - 3 of 3. This shall be shown on the con
mvlars.
34. Prior to occupancy, a preliminary striping plan shall be submitted by the o\
the site driveway access/Cannon Roadmaraday Avenue intersection,
satisfaction of the City Engineer. Through lanes for the site driveway and I
Avenue shall align. If the proposed site access driveway must be widened, fl
be shown on the conforming mylar (also prior to issuance of a grading permi
35. Prior to issuance of a grading permit, the Owner shall show the project’s 1
Daily Traffic (ADT) on the conforming; mvlars.
36. Prior to occupancy, sewer & water must be available for the project,
satisfaction of the Carlsbad Municipal Water District (CMWD), District Er
The Owner shall show the sewer and water information on the conforming m
37. Prior to occupancy, construction of Cannon Road from El Camino Real
project entry and Faraday avenue from its existing southerly terminus to the
entry shall be completed to the satisfaction of the City Engineer.
38. Prior to occupancy, the ultimate sewer facilities, which may be located on 1
(i.e., any sewer lines and the ultimate pump station) shall be shown
conforminp mvlars. Owner shall construct, or contribute payment 1
construction of the ultimate sewer and water facilities, to the satisfaction
CMWD, District Engineer.
39. The Developer shall apply for and obtain a subdivision to create the lot on wl
building will be located.
40. This permit shall expire six (6) months following completion of Cannon
providing access to the site. If occupancy has not occurred by that til
structure shall be demolished or relocated.
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41. The building shall not be occupied until it is served by all weather access. 2
Fire:
3 /I 42. No Electrical connections may be made to the building until it is served by all
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43. Occupancy will be withheld until the Fire Marshal has approved a fire sup 5
access.
6 II plan.
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44. The applicant shall be aware that the building will not have fire service until it
by all weather access and fire hydrants.
NOTICE
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“fees/exactions.” 1 1
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
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You have 90 days from October 7, 1998 to protest imposition of these feedexactions
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t’
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e:
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
zoning, grading or other similar application processing or service fees in connection F
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bet
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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PC RES0 NO. 4401 -8-
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1 II PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Commission of the City of Carlsbad, California, held on the 7th day of October, 1998
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy, Nic
Savary
NOES: none
ABSENT: Commissioners Heineman and Welshons
ABSTAIN:
D
5 .. ,: -~ i . $3 ,," .:, e,.. .$f '1 .,I , . ;! i : , .... ;.' :.. ;..:* p , # i? , ,.:. . :+,! .a7..
, .*_ _1 ,, ,. .i . . ' ~, . . ':i 1. : j' *.: .,) .,
BAILEY NOBIjE, Chairperson
CARLSBAD PLANNING COMMISSION
~ . ~\ , ... . . ,../ .. 4 c .,. -__. 3
ATTEST:
Planning Director
PC RES0 NO. 4401 -9-