HomeMy WebLinkAbout2002-02-20; Planning Commission; Resolution 51091
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PLANNING COMMISSION RESOLUTION NO. 5109
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A COMMUNITY
PARK ON PROPERTY GENERALLY LOCATED AT THE
NORTHERN TERMINUS OF AMBROSIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASE NAME: ZONE 19 PARK
CASE NO.: CUP 01-22
WHEREAS, City of Carlsbad, "Developer''/"Owner" has filed a verified
application with the City of Carlsbad regarding property described as
Those portions of Section 35, Township 12 South, Range 4
West and Section 2, Township 13 South, Range 4 West, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to omcia1 plan thereof,
said property being more particularly described in Exhibit
"A" of Quitclaim Deed recorded March 28, 1989 as File No.
89-157040 of official records of saidSan Diego County.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A" - "N" dated February 20, 2002, on file in the Carlsbad
Planning Department, ZONE 19 PARK - CUP 01-22, as provided by Chapter 21.42 and/or
21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of February 2002,
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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES ZONE 19 PARK - CUP 01-22 based on the following findings
and subject to the following conditions:
Findings:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that a) the proposed park use is the use anticipated by the
OS General Plan designation and the 0-S zoning on the site and by the Aviara
Master Plan; and b) the park design provides adequate setbacks from surrounding
residential uses as required by the Master Plan, and incorporates screening (wall
and landscaping), and is conditioned to require that all lighting be designed and
oriented to minimize impacts to surrounding uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site can accommodate all the proposed uses while providing setbacks which
exceed the minimum requirement and providing adequate circulation and parking
on-site.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted fbture uses in the neighborhood will be
provided and maintained, in that a) the park design provides an 80' setback from
Poinsettia Lane and a 42' setback on the south side of the parking area, and a 44'
setback from residential uses to the east of the park; and b) the project includes
landscaped block walls along the east and south sides of the park near residential
uses.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will be served by Poinsettia Lane (a
major arterial) and Ambrosia Lane which can accommodate the anticipated traffic
to be generated by the use (1,000 AD") and all necessary parking (270 spaces).
That it is to be developed as part of a master-planned recreation area, industrial park,
regional or community shopping center, in that the Aviara Master Plan designates this
site (Planning Area 32) as a park site.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading permit or building permit, whichever comes first.
Planning:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or Mer condition issuance of all
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fbture building permits; deny, revoke or Mer condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Minor Master Plan
Amendment/Conditional Use PermitMillside Development PermitKoastal
Development Permit, (b) City's approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
The Developer shall submit to the Planning Director a reproducible 24" x 36", mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 19 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Approval is granted for CUP 01-22 as shown on Exhibits "A" - "Ntt, dated February
20, 2002, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
A. This Conditional Use Permit shall be reviewed by the Planning Director on a
yearly basis to determine if all conditions of this permit have been met and that
the use does not have a substantial negative effect on surrounding properties or
the public health and welfare. If the Planning Director determines that the use has
such substantial negative effects, the Planning Director shall recommend that the
Planning Commission, after providing the permittee the opportunity to be heard,
add additional conditions to reduce or eliminate the substantial negative effects.
B. This Conditional Use Permit is granted. This permit may be revoked at any
time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met.
This approval is granted subject to the approval of MP 177@D), HDP 01-07, and CDP
01-31 and is subject to all conditions contained in Planning Commission Resolutions
No. 5156,5110, and 5111 for those other approvals incorporated herein by reference.
The Developer shall implement, or cause the implementation of, the Zone 19 Park
Project Mitigation Monitoring and Reporting Program.
This approval shall become null and void if building permits are not issued for this
project within 2 years from the date of project approval.
This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period not to exceed 120 days,
upon a showing of good cause.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.1 05. Location of said receptacles shall be approved by the
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Planning Director, Enclosure shall be of similar colors andor materials to the project to
the satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
Developer shall construct, install and stripe not less than 270 parking spaces, as shown on Exhibits "A" - "N"
The applicant shall pay an agricultural conversion fee, in an amount to be calculated by
the Planning Director, as part of the city's Agricultural Land Conversion Mitigation
program.
Exterior activities lights (i.e., field lights and court lights) shall be turned off at
1O:OO p.m. with the exception that one bank of lights can remain on until 1O:lO p.m.
for purposes of safety in exiting the area.
Use of the playing fields/courts after 1O:OO p.m. is prohibited.
Music exterior to the community building is prohibited after 1O:OO p.m.
"Jazz-in-the-Park" activities are prohibited at this park.
Developer shall construct, install and stripe not less than 270 parking spaces, as shown on
Exhibits "A" - "N". The Developer shall limit the concurrent activities and/or total
occupancies at this park such that the parking demand does not exceed 270 parking
spaces.
Engineering:
General
28. Prior to hauling dirt or construction materials to or fi.om any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
29. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
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30. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Grading
31. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
32. Upon completion of grading, Developer shall file an "as-graded'' geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
a contour map which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
33. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit fiom the City Engineer prior to issuance of a building permit for the
project.
DedicationsLImprovements
34. Developer shall install drainage structures, as may be required by the City Engineer, prior
to or concurrent with any grading or building permit.
35. Developer shall construct the following improvements including, but not limited to
(paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic Control,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, Water,
fire hydrants, street lights, retaining walls and reclaimed water), to City Standards to the
satisfaction of the City Engineer.
A. Remove existing paving, curb, gutter, and sidewalk at the cul-de-sac on
Ambrosia Lane and reconstruct paving curb, gutter and sidewalk per City
Standards as shown on the site plan.
B. Relocate the existing 12-inch potable water main traversing the site. The
water main shall be placed within the proposed drive aisle of the parking lot
as shown on the site plan.
C. Extend a new 12-inch recycled water main from Ambrosia Lane to the
northerly property line as shown on the site plan.
D. Extend portion of paving, curb, gutter, and sidewalk, per City Standards,
along existing westerly terminus of Poinsettia Lane to accommodate the
access drive for the proposed maintenance building.
36. Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
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37.
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
38. Prior to the issuance of grading or building permits, whichever occurs first, Developer
shall submit and obtain City approval for a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall demonstrate compliance with latest requirements and
provisions established by the San Diego Region of the California Regional Water Quality
Control Board. The SWPPP shall address measures to reduce, to the maximum extent
practical, storm water pollutant runoff at both construction and post-construction phases
of the project. At a minimum, the SWPPP shall:
A. Identify existing and post-development on-site pollutants.
B. Recommend source control Best Management Practices (BMPs) to filter said
C. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee and customer education on
the proper procedures for handling clean up and disposal of pollutants.
pollutants.
D. Ensure long-term maintenance of all post construct BMPs in perpetuity.
E. Identi@ how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities for a 1 0-year 6-hour event.
39. Prior to building permit or grading permit issuance, whichever occurs first, Developer
shall submit and obtain approval of the City Engineer, for the structural section for the
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Fire:
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access aisles with a traffic index of 5.0 in accordance with City Standards due to truck
access through the parking area andor aisles with an ADT greater than 500. The
structural pavement design of the aisle ways shall be submitted together with required R-
value soil test information and approved by the City Engineer as part of the building or
grading plan review whichever occurs first.
Developer shall incorporate into the gradinghmprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth fi-om obstructing the pipe outfall. Design could consist of a
modified outlet headwall to the satisfaction of the City Engineer.
The east elevation of the community building must incorporate ''blocked eaves" for
fire protection purposes.
Water:
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Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if additional fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Dieno Countv Water
Authority capacitv charpe(s1 prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, and recycled water facilities
substantially as shown on the site plan to the satisfaction of the District Engineer.
Proposed public facilities shall be reflected on public improvement plans.
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49. Prior to issuance of building permits, whichever is first, the entire potable water and
recycled water system shall be evaluated in detail to ensure that adequate capacity,
pressure, and flow demands can be met to the satisfaction of the District Engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
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Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of February 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall,
White, and Whitton
NOES:
ABSENT: Commissioner Dominguez
__ SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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