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,
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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.
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RESOLUTION NO. 90-454
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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
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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
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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,
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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
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the record of the proceedings accompanied by
the required deposit in an amount sufficient
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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
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City Council of the City of Carlsbad on the
1990, by the following vote, to wit:
18th day of '
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AYES:
NOES: gone
Council Members Lewis, Larson, Stanton and Nygaar
ABSENT: Council Me
ATTEST:
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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
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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.
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PC RES0 NO. 3097 -2 -
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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.
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PC RES0 NO. 3097 -4-
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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.
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34. regarding drainage across the adjacent property prior to approval of a
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PC RES0 NO. 3097 -6-
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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
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PC RES0 NO. 3097 -8-
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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.
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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-
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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.
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SHARON SCHRAMM, Chairpersol CARLSBAD PLANNING COMMIS:
ATTEST:
MICHAEL J. HOL~~ILLER
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PLANNING DIRECTOR
PC RES0 NO. 3097 -12-
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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)
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1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2t