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HomeMy WebLinkAbout1989-01-04; Planning Commission; Resolution 28080 0 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 ~ 1, PLANNING COMMISSION RESOLUTION NO. 2808 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 85-8(A) TO EXTEND A PREVIOUSLY-APPROVED SITE DEVELOPMENT PLAN AND TO CREATE TWO PARCELS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PI0 PIC0 DRIVE BETWEEN BUENA VISTA AVENUE AND LAS FLORES DRIVE. APPLICANT : KUBOTA CASE NO: SDP 85-8 (A) 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 4th day of January, 1989, consider said request on property described as: Parcel A - P.M. No. 720, recorded January 20, 1972 and portion of frontage road per relinquishment Map No. 19046, file No. 69239, dated March 23, 1972. 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 SDP 85- 8 (A) 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 APPROVES SDP 85-8(A), based on the following findings and subject to the following conditions: ... ... ... 1 0 0 1 2 3 Findinqs : 1. The proposed development is consistent with the General Plan and the "Professional and Related Commercial1' land use designation because it will allow the site to be developed with an office use. 4 2. The proposed development, as conditioned, is consistent with 6 purposes and Pi0 Pic0 Drive separates this low intensity surrounding development, both existing and future because the office use from existing residences to the east. 5 properties to the north have been developed for office 7 39 8 9 10 11 12 4. 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 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. 13 5. The applicant has agreed and is required by the inclusion of 14 an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will 15 enable this body to find that public facilities will be available concurrent with need as required by the General 16 Plan. 17 6. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. 18 19 20 21 7. 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 Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 22 23 24 25 9. The Planning Department has determined that the environmental effects of the project described below have already been 26 considered in conjunction with previously certified 8. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 27 PC RES0 NO. 2808 -2- 28 ll 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 environmental documents and, therefore, no additional environmental review was required. A notice of Prior Compliance was filed on December 9, 1988. Conditions: 1. Approval is granted for SDP 85-8 (A) , as shown in Exhibit (s) lvAv"-llC1l, dated December 14, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24" x 3611, 100 scale 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 issuance of building permits or improvement plan submittal, whichever occurs first. 3. 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 note shall be placed on the final map. I 14 4- 15 16 17 18 19 I 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 subdivider's agreement to pay the public facilities fee dated July 10, 1987, copies of which are on file with the City Clerk and are 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 shall be void. 20 21 5. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time 22 of building permit application. 23 6. Water shall be provided to this project pursuant to the Water 24 Service agreement between the City of Carlsbad and the Costa 7. This project shall comply with all conditions and mitigation 25 Real Water District, dated May 25, 1983. approved by the City Council on September 1, 1987, 26 required by the Zone 1 Local Facilities Management Plan 27 11 PC RES0 NO. 2808 -3- 28 I1 0 0 1 2 3 4 5 6 incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. 8. 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. 7 9. Approval of this request shall not excuse compliance with all 8 sections of the Zoning Ordinance and all other applicable City Director. materials to the project to the satisfaction of the Planning 13 Director. Enclosure shall be of similar colors and/or of said receptacles shall be approved by the Planning 12 masonry wall with gates pursuant to City standards. Location 11. Trash receptacle areas shall be enclosed by a six-foot high 11 of pro j ect approval. 10 are not issued for this project within one year from the date 10. This approval shall become null and void if building permits 9 ordinances in effect at time of building permit issuance. 14 15 16 17 18 19 12. 13. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 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. z0 14. No outdoor storage of material shall occur onsite unless 21 required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the 22 Planning Director. 23 15. The applicant shall prepare a detailed landscape and 24 the Planning Director prior to the issuance of grading or irrigation plan which shall be submitted to and approved by 16. All parking lot trees shall be a minimum of 15 gallons in 25 building permits, whichever occurs first. size. 26 27 PC RES0 NO. 2808 -4- 28 0 e 17. 1 2 18. 3 4 5 6 19 . 7 a 20. 9 10 11 12 22* 21. 1z All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. A minimum distance of 15 feet from the front property line inward along the driveway shall be kept clear of view- obscuring vegetation to maintain adequate sight distance for cars exiting the project. The 5 foot landscaped setback adjacent to the freeway shall be heavily planted with 15 gallon shrubs to the satisfaction of the Land Use Planning Manager. The plants shall immediately form a view-obscuring screen 4 feet high. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. All windows on the western side of the proposed building shall be unopenable and the building shall be sound insulated to lower the interior noise level to 45 Dba CNEL. -Lo II 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~ 28 ENGINEERING CONDITIONS: 23. All slopes within this project shall be no steeper than 2:l. 24. Prior to hauling dirt or construction materials to 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. 25. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. 26. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this Site Plan. 27. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 28. The developer shall be responsible for coordination with S.D.G.tE., Pacific Telephone, and Cable TV authorities. 1 PC RES0 NO. 2808 I -5- I 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 I 28 I I ti 0 0 29. The developer shall enter into an agreement to pay fees for undergrounding of all existing overhead utility lines along the boundary of his subdivision prior to building permit approval. FIRE DEPARTMENT CONDITIONS 30. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 31. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. 32. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. 33. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 4th day of January, 1989, by the following vote, to wit: AYES : Chairman Hall, Commissioners: Schramm, Schlehuber, Holmes, Erwin, McFadden & Marcus. NOES : None. ABSENT : None. ABSTAIN: None. MATTHh HhLL, Chairman CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR 1 PC RES0 NO. 2808 -6- I I ~