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HomeMy WebLinkAbout1991-08-06; City Council; 11276; Mobil Minimart/Car WashCIT - 3F CARLSBAD - AGEND. - 3lLL AB#&%!h- TITLE: PARTIALLY GRANTING AN APPEAL AND DEPT. HD.- MTG. B/6/91 APPROVING THE CONDITIONAL USE PERMIT WITH REVISED CONDITIONS FOR A GAS STATION/ DEPT. CA MINIMART/CAR WASH APPLICANT: MOBIL OIL CASE NO. CUP 90-2 RECOMMENDED ACTION: If Council concurs, your action is to adopt Resolution No.9/-d43 partially granting an appeal and approving CUP 90-2 with revised conditions. ITEM EXPLANATION The City Council at your meeting of July 23, 1991 partially granted the appeal of the applicant, Mobil Oil, for CUP 90-2 to revise certain conditions. Attached is Resolution No. 91-293 which will approve the CUP as recommended by the Planning Commission with changes to Conditions 9 and 11. As directed by Council at your meeting of June 18, 1991 a condition requiring installation of a water recycling system has also been added to the resolution. If the Council is satisfied we have accurately incorporated your intentions in the matter, your action is to adopt the resolution. EXHIBIT Resolution No. ql'aq3 ? . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 91-743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA PARTIALLY GRANTING AN APPEAL AND APPROVING THE CONDITIONAL USE PERMIT WITH REVISED CONDITIONS FOR A GAS STATION/MINIMART/CAR WASH GENERALLY LOCATED AT THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE. APPLICANT: MOBIL OIL CASE NO: CUP 90-2 WHEREAS, a verified application for a conditional use permit for a gas station/minimart/car wash on property generally located at the southwest corner of Palomar Airport Road and Paseo De1 Norte and described as: Lot l@H1l of Ranch0 Agua Hedionda Map No. 823, City of Carlsbad, County of San Diego, State of California." has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, the Planning Commission did on April 17, 1991 hold a duly noticed public hearing as prescribed by law to consider said application for Conditional Use Permit 90-2; and WHEREAS, the Planning Commission did on April 17, 1991 after hearing and considering all the evidence and testimony of all people desiring to be heard adopted Resolution No. 3203 approving the Conditional Use Permit 90-2; and WHEREAS, the applicant appealed Condition Numbers 9 and 11 of Planning Commission Resolution No. 3203 to the City Council; and WHEREAS, on June 11, 1991the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider said appeal and at said hearing directed to staff to I 1 2 3 4 5 6 7 8 9 10 11 12 2 % q ug, Cn> .$ZZ 13 $a:08 .owg 8835 14 i$i>J$ Zip.0 c es5 15 +tma zgI?o gaao* 2032 16 '$gy >25: 17 t v 0 18 19 20 21 22 23 24 25 26 27 28 -. return with the recommendation on the time limit for the CUP and to add a condition requiring the use of recycled water to the car wash. WHEREAS, on July 23, 1991the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider said appeal and at said hearing after consideration of all the evidence, testimony, and argument of those persons present and desiring to be heard the City Council approved the Conditional Use Permit 90-2 and directed the City Attorney to prepare documents which would partially grant the appeal and uphold the Planning Commission's decision, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission in Resolution No. 3203, attached as Exhibit A and made a part hereof, constitute the findings and decision of the City Council except for the additional finding of Section 3, the amendment of Conditions No. 9 and 11 and the addition of Condition No. 65 to read as follows: “9 . This approval shall be null and void if building permits are not issued for this project by August 6, 1992." "11. This Conditional Use Permit is granted for a period of ten (10) years commencing on August 6, 1991. 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 significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, or that other factors related to this conditional use have a detrimental effect on surrounding properties or public health, safety or welfare, the Planning Director shall recommend that the Planning Commission, after providing the permittee the -2- . 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 .- opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. The additional conditions may include the prohibition or limitation of certain activities on the project site. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a Conditional Use Permit. There is no limit to the number of extensions the Planning commission may grant." "65. Prior to occupancy the applicant shall install a water recycling system to maximize water conservation and ensure the re-use of wash water." 3. Except as modified above the applicant's appeal is denied. He did not present any evidence that his investment could not reasonably be amortized over the initial term of the permit. Because of the difficulty of anticipating how the surrounding area will ultimately develop and the uncertainty over the effect of the planned Palomar Airport Road intersection improvements and the potential construction of the Price Club, the City Council finds that it is necessary in order to insure that the public health, safety and welfare are protected, that the initial term of this permit not extend beyond ten years. The applicant's request for 25 years is unreasonable, unsupported by any justification and contrary to the public interest. "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 . -3- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the 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, Carlsbad, California 92008. " PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6th day of August 1991, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson and Stanton NOES: None ABSENT: ATTEST: ALETHA L. RAUTENKRANZ, City &erk -4- 1 2 3 4 5 6 7 E s 1c 11 12 12 14 15 1E l’i 1E 1s 2c 21 2; 2: 24 2: 2E 2’i 2E i , ii1 ’ /I i I I I b . I , i k: 5 5 I jl ):i 1 . > l 5 c i i t 3 PLANNING COMMISSION RESOLUTION NO. 3203 I ----. A RESOLUTION OF THE PLANNING COMMISSION OF THE 1 CITY OF CARLSBAD, CALIFORNLA, APPROVING A CONDITIONAL USE PERMIT TO DEMOLISH AN EXISTING / GAS STATION AND DEVELOP A NEW COMBINATION GAS I , STATION/MINI-MART/CAR WASH ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND PASEO DEL NORTE. CASE NAME: MOBIL OIL CASE NO: CUP 90-02 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 3rd day of April, 1991, and on the 17th day of April, hold a duly noticed public hearing to consider said application on property described as: Lot “H” of Ranch0 Agua Hedionda, Map No. 823, City of I Carlsbad, County of San Diego, State of Califomia. 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 CUP 90-02. 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. B) That based on the evidence presented at the public hearing, the Commission APPROVED CUP 90-02, based on the following findings and subject to the follo&g conditions: il II Findin%: _ 11 211 1. *proposed project complies with the findings necessary for a Conditional Use Permit as follows: 3; A. 4: That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various 5 Ii elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which 6 7 8 9 10 11 12 13 14 ii 151 I 16 i 17 18 ‘/ 19 !I B. the proposed use is to be located because the proposed project will; (1) be developed as part of a freeway-service facility; (2) the use will serve tourists and motorists traveling the Palomar Airport Road and I-5 freeway corridor; (3) the use will diversify the range of commercial services available to local residents and tourists; (4) the car wash will have a water recycling system, thus allowing motorists to wash their automobiles and conserve water; (5) the illegal automobile storage use will be legitimized through the Conditional Use Permit Process or eliminated prior to construction of the project; (6) the project will not be detrimental to existing uses as adequate buffers have been provided from adjacent properties and the project’s architecture is consistent with the style prevalent in the immediate area. That the site for the intended use is adequate in size and shape to accommodate the use because; (1) adequate onsite parking is provided to accommodate the use; (2) adequate vehicle stacking is provided at the entrance and exit to the car wash; (3) the site has adequate room for vehicle turning movements; (4) a reciprocal driveway access will be provided between the project and DennVs; (5) driveway access to Denny’s from Paseo De1 Norte will be maintained; and (6) driveways along the two frontages will be consolidated and relocated further from the intersection. 20 /I C. That all of the yards, setbacks, walls, fences, landscaping, and other I’ features necessary to adjust the requested use to existing or 21 permitted future uses in the neighborhood will be provided and maintained. Adequate landscaping, decorative wall, and berming are 22 provided along the perimeter of the project to screen the building, 23 parking, and areas for waiting cars from adjacent properties and the public right-of-way. 24 D. That the street system serving the proposed use is adequate to 25 properly handle all traffic generated by the proposed use; (1) the 26 additional traffic generated by this project will not significantly 27 PC RESO NO. 3203 -2. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 2c 21 22 23 24 25 26 27 - 28 2. 3. 4. 5. 6. 7. a. impact the surrounding street system; (2) adequate future public ‘-right-of-way dedication to accommodate improvements along Paseo --- -. De1 Norte will be provided; and (3) development of the project is contingent upon adequate public facilities, including improvements to the Interstate-5 bridge and on end of ramps. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City i , Engineer determines that sewer service is available, and building cannot occur ; within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for commercial development on the General Plan. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the C&bad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project will not cause any signScant environmental impacts and a Negative Declaration has been issued by the Planning Director on January 10, 1991, and APPROVED by the Planning Commission on April 17, 1991. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, and any written comments received regarding the effects this project could have on the environment. This project is consistent with the Civs Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 3. PC PESO NO. 3203 -3- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 !I I Conditions: I 1. 2. 3. 4. 5. 6. 7. 8. . - -Approval is granted for CUP 90-02, as shown on Exhibit(s) “A” - “S’, dated April 3, 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Site Plan as approved by the Planning Commission. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivideis agreement to pay the public facilities fee dated March 11, 1991, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building petits. 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 65913.5. 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. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. PC RESO NO. 3203 4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 *28 9. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. --. . . 10. _ Approval of CUP 90-02 is granted subject to the approval of SDP 90-04. 11. This conditional use permit is granted for a period of five (5) years. 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 significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public’s health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public’s health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. 12. If the property owner/owners’ address changes from that which is shown on the conditional use permit application, a notice of a change of address shall be reported, in writing, to the Planning Department within 30 days. 13. Prior to the issuance of the building permits, Conditional and Special Use Permit, there shall be a deed restriction placed on the deed to this property subject to the satisfaction of the Planning Director notifying all interested parties and successors in interest that the City of Carlsbad has issued a Negative Declaration, Conditional Use Permit and Site Development Plan by Resolution Nos. 3202, 3203 and 3204 on the real property owned by the declarant. Said deed restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the deed restriction. Said deed restriction(s) may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. . . . PC RESO NO. 3203 -5 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Planning Director. Location of said receptacles shall be approved by the Enclosure shall be of similar colors and/or materials to rhe -_. project to the satisfaction of the Planning Director. / I All roof appurtenances, including air conditioners, shall be architecturally 1 integrated and concealed from view and the sound buffered from adjacent ! properties and streets, in substance as provided in Building Department Policy No. j 80-6, to the satisfaction of the Directors of Planning and Building. Prior to the issuance of building pezmits, an exterior lighting plan including parking areas shall be submitted for Planning Director approval, All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. tn such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. Working drawings shall show that the block wall used on the project perimeter shall be stuccoed to match the exterior color of the project, prior to certiEcate of OCCUpanCy. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of 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 condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected f’?om the approved Street Tree List. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. PC RFSO NO. 3203 -6- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2s. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. . . . . . . I The developer shall avoid trees that have invasive root systems, produce excessive I litter and/or are too large relative to the lot size. j mnter width shall be a minimum of four (4) feet, not including curb, footings 1 and/or other paving, and parking overhang. I Prior to final occupancy, a letter from a California licensed landscape architect j shall be submitted to the Planning Director certifying that all landscaping has been j installed as shown on the approved landscape plans. / The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. Mature trees that are removed shall be replaced one to one with minimum 36” box specimens. Each case shall be reviewed by the Planning Director. Mounding shall be used in parking lot landscaping. The minimum shrub size shall be 5 gallons. Any signs proposed for this development shall be designed in accordance with the City’s Sign Ordinance and conform with the Conditional Use Permit 90-02 sign exhibits “F” 81 “G” , and shall require review and approval of the Planning Director prior to installation of such signs. Any commercial advertisements located along the gasoline pump islands, and on the building shall be considered signage and shall require a permit, and count towards the total sign square footage allowed for the use. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24“ x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. PC RESO NO. 3203 -7- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 36. Prior to the issuance of grading permits, the project applicant shall receive a Coastal Development Permit from the California Coastal Commission that approves development that is in substantial conformance with the City approval. Evidence -_ that the permit has been received shall be submitted to both the Planning and j ~ Etilgineering Deparhnents. 37. The non-conforming automobile storage use located on the same parcel (Lot ‘7-I” of Rancho Agua Hedionda Map 823) shall obtain a Conditional Use Permit or be eliminated prior to issuance of building permits for this project (CUP 9MWSDP 90-04). Engineer-inn Conditions 38. The developer shall be responsible to pay the recording fees for all agreements, easements and documents reqLlred for this project. 39. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan. 40. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 41. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. 42. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer connection permit the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The developer shall apply for an industrial waste water discharge permit concurrently with the building permit for this project. No Certificates of Occupancy for the project will be issued before the industri&l waste discharge permit application requirements have been met, all applicable fees paid and permit issued. 43. The developer shall obtain a bu&ling permit fix underground tank removal and obtain the proper haul route pexmit for transporting the tanks to a dkposal site. 44. Prior to hauling dirt or construction materials to or from any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. . . . PC RESO NO. 3203 -a- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46. 47. 48. 49. 50. 51. 52. 53. The developer shall provide adequate means of eliminating grease and oils from drahge prior to c&charge onto Palomar Airport Road. Plans for such improvements shall be approved by the City Eugineer prior to issuance of building pgmit. Additional drainage easements and drainage structures shall be provided or I installed prior to the issuance of grading or building permit as may be required by the City Engineer. i I Prior to issuance of building permit, the developer shall secure an irrevocable offer of dedication for street right of way the entire length of the Legal Lot frontage on Paseo Del Norte for seven (7) additional feet. Prior to Certificate of Occupancy, the developer shall replace or repair any broken or defective curb, gutter, or sidewalk along the frontage of this project. Prior to issuance of building permit, a right of way permit, trafk and pedestrian contz~l plan and appropriate securities will be required for all work to be done in the right of way or as deemed appropriate. The stnxtural section for the private driveway must be designed with a traffic index of 5.0 in accordance with City Standards due to a truck route through the parking lot and/or aisles with an ADT greater than 500. All sidewalk underdrahs must comply with San Diego County Ekgional Drawing No. D-25. Prior to occupancy of the project the water meter shall be relocated out of the driveway. sewerlateralsintherightofway~haveaminimumdiameterofsix(6)inches. AcleanoutdesignedtoSanDiego~~RegioaalDrawingNo.S-3shallbe placedattheproperryline;iflocatedinthedriveway. Growth Mananement: 59. Approval of this project is continge~ upon the provision of adequate public fidities to satisfy the Public Facilities Element of the Genexal Plan. At this time a Mello-Roos Community Facilities District is proposed to hce the construction of sCWeral citywide fkcilities necessary to serve new development. If the Mello- Rooscommti~Pacilities~ctisnotfarmsd,the~GeneralPlan Consistency hdhgcannot be made for the Zone 3 properties. No discretionary approvals, Building Permirs, Grading Permits, Final Maps, or development permits ~beissuedorappnwedunlessan~ternate~mechanismisprovidedby PC EXESO NO. 3203 -9- 1 2 3 4 5 6 7 a 9 10 I.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the developer and approved by the City Council to Enance the facilities legally ! appl+ble to Zone 3 that would have been or are included in the Community i Facilities I&strict. For purposes of this condition the Mello-Roos District will be cansidered to be formed following an afE.mative vote of the property owners plus 1 a 3Oday period as presczibed by law to provided for any protest regarding formation of the District. I Fire Conditions: 55. 56. 57. 58. 59. 60. Prior to the issuance of building permits, complete building plans shall be ! submitted to and approved by the Fire Department. 1 I Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Mar&all. Applicant shall submit a site plan to the Fire Department for approval of access, driveways and general traEc circulation. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. All private driveways shall be kept clear of parked vehicles at all time, and shall have posted “No Parking/Fire Lane - Tow Away Zone” pursuant to Section 17.04.040, Carlsbad Municipal Code. Plans and/or specifications for 6re alarm systems, fm hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to constructions Carlsbad MuniciDd Water District Conditions: 61. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. 62. The developer’s engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 63. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. The Developer shall pay a San Dkgo County Water Authority capacity charge which will be collect4 at issuance of application for meter installation- PC RESO NO. 3203 -lO- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 2: 2t 64. This project is approved upon the express condition that building permits will not 1 be issued for development of the subject property unkss the water district serving the development determines that adequate water and service is available at the / 1 -time of application for water sewice and will continue to be available until time af occupancy. , PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning / ! Commission of the City of Carlsbad, California, held on the 17th day of April, 1991, by ; the following vote, to wit: AYES: Vice-Chairperson Erwin, Commissioners: Schlehuber, Schramm, McFadden, Marcus & Hall. NOES: None. ABSENT: Chairperson Holmes. ABSTAIN: None. TOM ERWIN, Vice Chairperson CARLSBAD PLANNtNG COMMISSION ATTEST: MICHAEL J. HOLZMILLER PLANNING DIRECTOR PC RESO NO. 3203 -ll-