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HomeMy WebLinkAbout1990-12-18; City Council; 10963; DENYING APPLICANT'S APPEAL AND UPHOLDING PLANNING COMMISSION'S APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT NO. SDP 80-03A FOR EXPANSION OF DANIELS CABLEVISIONr, M. V Q aa PI 4P-3 so 01 aco 1 cm a- (dd aa, l-lu aE aa CdT: mE c, $5 04 *rl a 4 aU ad ma, E aJa so url a, -(d 005 dG) -4 a L=--, CaJ aJu a *rl rn *w mo -3 I4 o(d a? 0 -&I oa za (d d orn *rl - Ufi 50 4 -tin 0 mc rn mo .7 2 -j 12 a O? awa, url F4 boa 0 dd cdrl ern rl arl .rl 4 a, -3 -ti w 2 T K22 u uv 0 a .. a2 rl \ hl l-l \ z 0 E a 1 0 z 3 0 0 CIaOF CARLSBAD - AGEN-LL I__ AB# IT 96.3 TITLE; DENYING APPLICANT’S APPEAL AND UP- DEp HOLDING PLANNING COMMISSION’S APPROVAL OF MTG.12/18/90 SITE DEVELOPMENT PLAN AMENDMENT NO. SDP 80- CITY CA 3(A) FOR EXPANSION OF DANIELS CABLEVISION CITY DEPT. RECOMMENDED ACTION: If Council wishes to deny the appeal and uphold the : Commission;s approval of SDP 80-3(A), your action is t Resolution No. @-+w . ITEM EXPLANATION The City Council, at your meeting of December 11, 1990, I the City Attorney to prepare the document approvii Development Plan Amendment SDP 80-3 (A). That document is a The Council should satisfy itself that the findings and co accurately reflect your intentions in the matter If the concurs, your action is to adopt Resolution No. * q,P - 43-g EXHIBIT 40 -q-s’# Resolution No. < . RESOLUTION NO. 90-454 2 3 4 5 6 7 8 9 10 11 12 iU% m>2 13 &E& Fang 0uum 14 0045 5>?* 15 FF.5 m=a& gum0 t 5092 g i 6 OW u <-I >ma l6 >E83 17 g:s -0 0 18 19 20 21 OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSIONIS APPROVAL OF A MAJOR SITE DEVELOPMENT PLAN AMENDMENT NO. SDP 80-3(A) TO ALLOW FOR THE EXPANSION OF THE DANIELS CABLEVISION USE ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY AVENUE AND EAST OF EL CAMINO REAL. APPLICANT: DANIELS CABLEVISION CASE NO. : SDP 80-3(A) WHEREAS, a verified application for a tentative certain property to wit: A portion of Lot llBll of Rancho Agua Hedionda according to Map No. 823 recorded in the County of San Diego, California on November 16, 1896. has been filed with the City of Carlsbad and referred Planning Commission; and WHEREAS, the Planning Commission did on Septei 1990 held a duly noticed public hearings as prescribed b consider said application for Site Development Plan Amend 80-3 (A) and Special Use Permit 90-2; and WHEREAS, the Planning Commission did on Septe 1990 after hearing and considering all the evidence and t of all people desiring to be heard adopted Resolution approving the Site Development Plan Amendment SDP 80-3(A) WHEREAS, the applicant appealed condition numbe 59 of Planning Commission Resolution No. 3097 to the City 22 23 24 25 26 27 28 and ! WHEREAS, on December 11, 1990 the City Councj city of Carlsbad held a duly notice public hearing as pres law to consider said appeal and at said hearing after cons of all the evidence, testimony, argument of those person and desiring to be heard the City Council approved i 8 * ' 2 Development Plan Amendment SDP 80-3(A) and directed tk Attorney to prepare documents which would deny the appt uphold the Planning Commission's decision, 4 5 6 7 a 9 10 11 l2 3! ZU% 527 13 K==8 7p 0u:g ooaa 14 z>ji Pl-.5p: msa& 15 LL aJ +L%$ $21 $082 u~cj 16 >2% 17 ko 18 19 20 21 22 23 24 25 26 27 28 qgy 0 ow - NOW, THEREFORE, BE IT RESOLVED by the City Counci city of Carlsbad, California, as follows: 1. That the above recitations are true and cor1 2. That the findings and conditions of I Commission in Resolution No. 3097, attached as Exhibit A i a part hereof, constitute the findings and decision of t Council. 3. That the Planning Commission's approval Development Plan Amendment SDP 80-3(A) is hereby confirmed appeal of that decision is denied based upon the facts se the Planning Department Staff Report dated September 19, 1 evidence before the Planning Commission, the evidence as s in City Council Agenda Bill No. 10,896, and the testimon the City Council all of which are incorporated herein by re 4. This action of denial is final the dz resolution is adopted by the City Council. The prov Chapter 1.16 of the Carlsbad Municipal Code, "Time Lii Judicial Reviewt1 shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision become final; however, if within ten days after the decision becomes final a request for 2 * the record of the proceedings accompanied by the required deposit in an amount sufficient 2 ll 31 4 5 to cover the estimated cost of preparation of such record, the time witlhin which such petition may be filed in court is extended to date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Elm Avenue, not later than the thirtieth d,ay following the 8! 9 City Council of the City of Carlsbad on the 1990, by the following vote, to wit: 18th day of ' :: 1 12 Oln SUJg a>- 13 $Em oLam 14 0054 z Q:G m~'o ak 15 U 62 sumo ZJ grr~b 16 2032 56."$ ow >ma AYES: NOES: gone Council Members Lewis, Larson, Stanton and Nygaar ABSENT: Council Me ATTEST: g-5 0 '* I 22 23 I 26 i 19 20 21 24 25 27 28 3 ! * I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 I 27 28 air - PLANNING COMMISSION RESOLUTION NO. 3097 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 01 CARLSBAD, CALIFORNIA, APPROVING A MAJOR SITE DEVELOPMEN'I OF THE DANIELS CABLEVISION USE ON PROPERTY GENEFULL\ LOCATED NORTH OF FARADAY AVENUE AND EAST OF EL CAMINC REAL. CASE NAME: DANIELS CABLEVISION CASE NO: SDP 80-31A) PLAN AMENDMENT NO. SDP 80-3(A) TO ALLOW FOR THE EXPANSIOF WHEREAS, a verified application has been filed with the City of Carls referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the 1 Commission did, on the 19th day of September, 1990, consider said request on described as: A portion of Lot "B" of Rancho Agua Hedionda according to Map No. 82 recorded in San Diego County, California on November 16, 1896. WHEREAS, at said public hearing, upon hearing and considering all testir arguments, if any, of all persons desiring to be heard, said Commission consi factors relating to SDP 80-3(A). NOW, THEREFORE, BE IT HEREBY RESOLVE Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Co APPROVES SDP 80-3(A), based on the following findings and subjt following conditions: Findinns: 1. The requested use expansion is properly related to the site, smun environmental settings. The proposed structure will be compatible in ar adjacent land uses. and scale to the &dng Cablevision structure. In addition, it is compa I b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I.7 18 19 20 21 22 23 24 25 26 27 28 f rn 2. The project is consistent With various elements of the General Plan; sped Land Use, Circulation and Scenic Highways elements. The site is adequate in size and shape for the intended use expans allowing for compliance with all development standards and providing a circulation system which will not adversely impact the surrounding arc All of the landscaping, setbacks, parking, screening walls, employee ea and other features necessary to assist the requested use expansion to ex will be provided and maintained. The street systems serving the proposed use expansion, El Camino Faraday Avenue, are adequate to properly handle the traffc general project. The project complies with all the applicable development standad Camino Real Corridor Standards and the M-Q Zoning Designation. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be : conditions of approval. The applicant has agreed and is required by the inclusion of an condition to pay a public facilities fee. Performance of that contract ai of the fee will enable this body to find that public facilities will t concurrent with need as required by the General Plan. The proposed project is compatible with the surrounding future lanc surrounding properties are designated for Planned Industrial develop General Plan. This project will not cause any significant environmental impacts anc Declaration has been issued by the PIanning Director on August 5 Approved by the Planning Commission on September 19, 1990. In ai Negative Declaration the Planning Commission has considered the init, staff analysis, all required mitigation measures and any written commc regarding the significant effects this project could have on the envirc his project is consistent with the City's Growth Management Ordin: been conditioned to comply with any requirement approved as part Facilities Management Plan for Zone 5. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. PC RES0 NO. 3097 -2 - .- b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I.7 is 19 2o 21 22 23 24 25 . 26 27 28 ei - 7. Approval of this request shall not excuse compliance with all secl Zoning Ordinance and all other applicable City ordinances in effec building permit issuance. 8. 9. Approval of SDP 80-3(A) is granted subject to the approval of SUP ! Trash receptacle areas shall be enclosed by a six-foot high masonry wa pursuant to City standards. Location of said receptacles shall be appi Planning Director. Enclosure shall be of similar colors and/or mati project to the satisfaction of the Planning Director. 10. All roof appurtenances, including air conditioners, shall be arl integrated and concealed from view and the sound buffered frc properties and streets, in substance as provided in Building Departme7 80-6, to the satisfaction of the Directors of Planning and Building. An exterior lighting plan including parking areas shall be submitted Director approval. All lighting shall be designed to reflect downwa any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by tl In such instance a storage plan will be submitted for approval by tl and the Planning Director. The applicant shall prepare a detailed landscape and irrigation plan M submitted to and approved by the Planning Director prior to the grading or building permits, whichever occurs first. All parking lot trees shall be a minimum of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving cc from weeds, trash, and debris. All landscape plans shall be prepared to conform with the Landsca] Manual and submitted per the landscape plan check procedures ( Planning Department. Landscape plans shall be designed to minimize water use. Lawn ar 1 plants (see Landscape Guidelines Manual) shall be limited to arc visual importance or high use. Mulches shall be used and irrigation el design shall promote water conservation. 11. 12. 13. 14. 15. 16. 17. .... PC RES0 NO. 3097 -4- 1 2 3 4 5 ' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 26 27 28 0- a 30. Any future tenant improvement proposals to convert proposed war& to office space must be reviewed and approved by the Planning Direct0 that no parking connicts result. Enheenng: 31. Unless a standard variance has been issued, no variance from City S authorized by virtue of approval of this Site Plan. The developer shall comply with all the rules, regulations and design re( of the respective sewer and water agencies regarding services to the p The developer shall be responsible for coordination with S.D.G.& Telephone, and Cable TV authorities. The owner of the subject property shall execute a hold harmless or building perrnit for this project, The applicant shall agree to utilize reclaimed water, in Type I form, on property in all common areas as approved by the City Engineer. Reclaii as defined in Section 1305(n) of the California Water Code, means wi as a result of treatment of wastewater, is suitable for a direct benefi controlled use that would not otherwise occur. Pretreatment of the sanitary sewer discharge from this project may bc In addition to the requirements for a sewer connection permit the deve conform to the requirements of Chapter 13.16 of the Carlsbad Munic The developer shall apply for an industrial waste water dischar concurrently with the building permit for this project. No Cert Occupancy for the project will be issued before the industrial waste permit application requirements have been met, all applicable fees paid i issued. Based upon a review of the proposed grading and the grading quantities the site plan, a grading permit for this project is required. Prior to iss building permit for the project, the applicant must submit and receive a] grading plans in accordance with City codes and standards, be issued permit and complete the grading work in substantial conformance approved grading plans. The developer shall obtain a grading permit prior to the commencem clearing or grading of the site. 32. 33. 34. regarding drainage across the adjacent property prior to approval of a 35. 36. 37. 38. PC RES0 NO. 3097 -6- -. , 1 2 3 4 5 6 7 a 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 * 26 27 28 07 (I) 47. Plans, specifications, and supporting documents for all improvemen prepared to the satisfaction of the City Engineer. Prior to issuance 1 permit/grading permit in accordance, with City Standards the Deve install, or agree to install and secure with appropriate security as provic improvements shown on the site plan and the following improvement A. Full half street improvements along the project frontage of El Ca A note to this effect shall be placed on an additional map sheet on thc per the provisions of Sections 66434.2 and 66445 of the Subdivision Improvements listed above shall be constructed within 12 months of im plan approval. The developer shall install street lights along all public and private stree in conformance with City of Carlsbad Standards. The developer shall install sidewalks along all public streets abutting 1: in conformance with City of Carlsbad Standards prior to occupan buildings. The Fire Marshal has determined that an onsite fire hydrants is requirt this project. Prior to issuance of a building permit for the site, the appl submit and receive City and water district approval for appropriate improvement plans and easements. AU improvements shall be dc conformance with City and Water District Standards, plancheck and insp paid and improvement security shall be posted with the Water District All condition(s) listed above require a right of way permit, traffic contrc appropriate securities prior to issuance of any building permit. The structural section for the private driveway must be designed wit index of 5.0 in accordance with City Standards due to a truck route th parking lot and/or aisles with an ADT greater than 500. Irrigation systems to accommodate future reclaimed water shall be consistent with Title 17 of the California Administrative Code. Off: reclaimed water distribution systems should be anticipated by the inst adequately sized sleeves at crossing points to minimize street excavatic 48. 49. 50. 51. 52. 53. 54. .... .... PC RES0 NO. 3097 -8- . 8 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 26 27 28 07 - 61. Prior to the issuance of a grading or building permit, the develop obtain a drainage easement from the adjacent property to the nc Gateway Center) or shall design a drainage detention system to the the City Engineer. The drainage detention system shall be designed runoff resulting from a 10 year frequency storm of a 6 hour or 24 under developed conditions is equal to or less than the runoff from same frequency and duration under existing conditions. Both 6 hot storm durations shall be analyzed to determine the detention capac to accomplish the desired results. This project is conditioned to change the proposed on site drain northeasterly end of the project from draining northerly behind the adjacent to the traffic aisle to running the drainage along the easi curb. A method of removing urban pollutants from the drainage c proposed and approved by the City Engineer prior to the issuance a building permit. The developer shall enter into an agreement with the City to pay i share of the Sunnycreek Drainage Basin mitigation prior to the building or grading permit whichever occurs first. Recent traffic projections have indicated that additional public rig1 most likely be needed iri the future to provide additional traffi Faraday Avenue and El Camino Red along the project frontage. TI to the issuance of a grading or a building permit the developer sh Offer to Dedicate Public Right of Way for an additional 12 feet alc Real and an additional 10 feet along Faraday Avenue. It is anticipat that the offer will be rejected and will remain an Irrevocable Offt until it may be needed in the future. 62. 63. 64. Fire Conditions: 65. Prior to the issuance of building permits, complete building p submitted to and approved by the Fire Department. Additional public and/or onsite fire hydrants shall be provided if deer by the Fire Marshal. 66. 67, The applicant shall submit two (2) copies of a site plan showinj existing and proposed fire hydrants and onsite roads and drives to thl for approval prior to issuance of a building permit. .... .... PC RES0 NO. 3097 -10- I .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I? 18 19 20 21 22 23 24 25 . 26 27 20 e- - PASSED, APPROVED, AND ADOPTED at a regular meeting of Commission of the City of Carlsbad, California, held on the 19th day of Septl by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schleh Marcus and Hall. NOES: Commissioner Holmes. ABSENT: Commissioner McFadden. ABSTAIN: None. .&- & SHARON SCHRAMM, Chairpersol CARLSBAD PLANNING COMMIS: ATTEST: MICHAEL J. HOL~~ILLER u PLANNING DIRECTOR PC RES0 NO. 3097 -12- ~ December 28, 1990 Bill Daniels c/o Daniels Cablevision 5538 El Camino Real Carlsbad, CA 92008 Enclosed for your records, please find a copy of the , adopted following Resolution 90-454 by the Carlsbad City Council on December 18, 1990 44 EE RAUTENKRANZ Q-7 City Clerk LR: lw Enclosure (1) - - - - - -_ - 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2t