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HomeMy WebLinkAbout1991-05-21; City Council; Resolution 91-1531 2 3 4 5 6 7 8 9 10 11 12 r Om $95 13 &E5 duo so<< 14 >iF o+gn: maag 15 L'<J +>m< $ZJ rr~d 16 40$$ %5:g woo '585 c2$ l7 18 19 20 21 22 23 24 25 26 27 28 Do I) e RESOLUTION NO. 91-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A SITE DEVELOPMENT PLAN, CONDITIONAL USE PERMIT, HILLSIDE DEVELOPMENT PERMIT AND 4 LOT SUBDIVISION ON APPROXIMATELY 62 ACRES OF PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF PASEO DEL NORTE FOR THE PRICE CLUB PROJECT CASE NAME: PRICE CLUB CASE NO.: SDP 90-5/CUP 90-3/HDP 90-9/MS 837 WHEREAS, on April 3, 1991 the Carlsbad Pla Commission held a duly noticed public hearing to consic proposed Site Development Plan (SDP 90-5), Conditional Use I (CUP 90-3), Hillside Development Permit (HDP 90-9) and Subdivision (MS 837) for a Price Club project on 62 acr property generally located south of Palomar Airport Road an( of Paseo del Norte at the. At the conclusion of the hearii Commission adopted Resolutions Nos. 3209, 3210, 3211 and recommending to the City Council that the Site Development (SDP 90-5), Conditional Use Permit (CUP 90-3), Hillside Develc Permit (HDP 90-9) and Minor Subdivision (MS 837) respective approved; and WHEREAS, the City Council of the City of Carlsbad, 7, 1991 held a duly noticed public hearing to conside Commission's recommendations and heard all persons interes or opposed to SDP 90-5/CUP 90-3/HDP 90-9/MS 837; and WHEREAS, the City Council on May 21, 1991 by adopt Resolution No. 91-152 approved a Conditional Negative Decle in compliance with the City of Carlsbad Environmental Prot Ordinance and the California Environmental Quality Act, NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1 2 3 4 5 6 7 8 r g 1o 11 12 Dm sua w,z 13 &zg OUC3 %Q 14 Z>jZ Ql-5g mgO, 15 LL ‘ai >ma glum0 gzgd 16 qgy c25 17 OO<< ZO$$ 0 B 18 19 20 21 22 23 24 25 26 27 28 * 0 1. That the above recitations are true and correc 2. That the Site Development Plan (SDP 90-5) o above referenced project is approved and that the finding conditions of the Planning Commission contained in Resolutic 3209 marked Exhibit A attached hereto and made a part hereo the findings and conditions of the City Council except Conditions No. 57, 63, 64, 66 and 72 are revised and tw conditions are added as contained in the Planning Dire( memorandum of May 10, 1991 attached as Exhibit B hereto and I part hereof. 3. That the Conditional Use Permit (CUP 90- approved and that the findings and conditions of the Plr Commission contained in Resolution No. 3210 marked Exhibit ( attached hereto and made a part hereof are the finding conditions of the City Council. 4. That the Hillside Development Permit (HDP 90. approved and that the findings and conditions of the PI Commission contained in Resolution No. 3211 marked Exhibit attached hereto and made a part hereof are the findinc conditions of the City Council. 5. That the Minor Subdivision (MS 837) is approv that the findings and condition of the Planning Comm contained in Resolution No. 3212 marked Exhibit E and at hereto and made a part hereof are the findings and conditi the City Council except as follows: A. No vehicular access shall be permitte Parcel 1 to Paseo del Norke. The documents for MS 837 sh revised to comply with this condition to the satisfaction City Engineer and Planning Director. 1 2 3 4 5 r 6 7 8 9 10 11 12 nm swz or 13 530: 2Em 0ugm 14 ooaa Z>iZ e+sg *&I& 15 +>m< $E&b 16 zO$$ 5$8y pJs 17 Go 18 19 20 21 22 23 u ,ad woo 24 25 26 27 28 e 0 B. Delete condition number 24. PASSED, APPROVED AND ADOPTED at a Regular Meeting c 21st day of 2 City Council of the City of Carlsbad on the 1990, by the following vote, to wit: AYES: Council Members Lewis, Nygaard and Stanton NOES: Council Members Kulchin and Larson ABSENT: None ATTEST: _aa_p3tx, $. k>P-. ALETHA L. RAUTENKRANZ, City Cqerk (SEAL) 3 1' PWWNENG COMMISSION RESOLUTION NO. 3209 4 ,6 5l 7 APPROVAL OF SITE DEVELOPMENT PLAN NO, SDP 90-5 TO CONSTRUCT A 121,388 SQUARE FOOT PRICE CLUB DISCOUNT STORE CONTAINING A TIRE CENTER, OPTICAL CENTER AND A SMAU EXTERIOR EATING ESTABLISHMENT AS WELL AS TWO GRADED PADS FOR FUTURE DEVELOPMENT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF PASEO DEL NORTE. I.2 WHEREAS, said verified application constitutes a request as provided 1 I I 19 I/ 20 21 22 23 24 25 26 27 28 I I WHEREAS, at said public hearing, upon hearing and considering all te: I and arguments, if any, of all persons desiring to be heard, said Commission consic' I factors relating to SDP 90-5. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Con: of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. i 1' 1 B) That based on the evidence presented at the public hearing, the Cod: RECOMMENDED APPROVAL of SDP 90-5, based on the following findings 3 4 5 6 7 I Findings: 1. That the requested use is properly related to the site, surroundings envhnmentd settingS, is consistent with the various elements and objectives I general plan, will not be detrimental to existing uses or to uses sped permitted in the area in which the proposed use is to be located, and wi adversely impact the site, sumomdings or traffic &adation as the StrUCh located an adequate distance from the access points to the property allowit good on-site circulation and vehicle queuing so as to not impact adjacent road The truck area which has the greatest potential to impact adjacent uses is lc 'I I.2 I 1 2. That the site for the intended use is adequate in size and shape to accommodi use as the project proposes 977 parking spaces while the Zoning Ordinance re 450. This equates to 46 percent more parkkg than required by code 24 25 Urban Systems Associates, hc. and reviewed by sta of the Eugbkl Planning Departments. The required circulation system improvements are b the results of that report as well as data and plans in the possesion 1 1 Engineering Department. 28 I i 11 ! 8. Park-in-lieu fees are required as a condition of approval. I 23 24 Commission has considered the initial study, the staff analysis, all mitigation measures and any written comments received regarding the si1 effects this project could have on the environment. ! i 1 14. The applicant is by condition, required to pay any increase in public facility new construction tax, or development fees, and has agreed to abide t 31 41 ii 6 7 created by the project. This project is consistent with the City's Growth Management Ordinance a! been conditioned to comply with any requirement approved as part of thc Facilities Management Plan for Zone 5. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code ( Ordinance) and meets all the requirements of that Chapter to ensure the SI . IS 16. 23 24 25 26 27 28 February 13, 1990, a copy of which is on file With the City Clerl incorporated by this reference. If the fees are not paid this application w consistent with the General Plan and approval for this project will be voj I ..a. l i 1 PCRESONO. 3209 . -4- ! I 6' I I amendments made to that Plan prior to the issuance of building pennits. i 23 1 24 I 25 1 26 Director approval. All lighting shall be designed to reflect downward and i impacts on adjacent homes or property. ..... PC RES0 NO. 3209 -5- 27 28 ' I1 15. No outdoor storage of material shall occur onsite unless required by the Fire C 1 In such instance a storage plan will be submitted for approval by the Fire Chie 3 41 16. The applicant shall prepare a detailed landscape and irrigation plan which sh( submitted to and approved by the Planning Director prior to the issuance of g~ or building permits, whichever occurs first. I 5 6 7 8 17. 18. All parking lot trees shall be a minimum of a 24 inch box in size. All landscaped areas shall be maintained in a healthy and thriving conditior from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-fOOt intervals all public street frontages in conformance with City of Carlsbad standards I i 19. I l1 12 submitted per the landscape plan check procedures on file in the Pk I I Department. I 21. Landscape plans shall be designed to minimize water use. Lawn and other i 23 24 25 26 27 28 26. The first set of landscape and irrigation plans submitted shall include buildin improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed conto shall match the grading plans in terms of scale and location of improveme 27. i i pc RESO NO. 3209 I I -6- 28. The minimum shrub size shall be 5 gallons. I Director for his review and approval prior to occupancy of any building. I 23 24 2. Urban pollutants such as oils that are deposited on the parking lot s automobiles shall be removed hm waters leaving the site by drainage through an oil trap subject to the approval of the City 1 The oil trap shall be shown on the gradhghprovement plan project and be operational prior to occupancy of any permmmt bt 28 1 The developer shall provide conclusive proof that the proposed polluta will be effective in removing storm water based pollutants. ~n 1 2l 3 I providing the required supporting documentation, a three year moni program to evaluate the effectiveness of the proposed pollutant trap s established to the satisfaction of the City Engineer and paid for 6/ a) Widen and reconstruct the improvements at the intersec Palomar Airport Road and Paseo Del Norte in order to provi left turns on the north, south and east legs of the inte 10 I1 12 of Pdom Airport Road and Paseo Del Norte including app traffic signing and striping. AU improvements and work shall be coordinated w improvements to the interchange at 1-5. Construct an appropriate acceleration/deceIerationlane dong 1 i b) 17 d) construct full signalized intemxtion on Pdomar Airport Ro east entrance of the Price Club Site including the addition of , 23 b) Old tires removed at the tire center shall be stored inside thf No outdoor tire storage will be permitted. 1 26 27 PC RES0 NO. 3209 -8- I IS of application for water service and will continue to be available until ti I OCCUpancy. 24 25 1 41. The developer shall comply with all the rules, regulations and design require I of the respective sewer and water agencies regardkg sedces to the project 1 2 3 4 5 6 42. The developer shall be responsible for coordination with S.D.G.&E., Pacific phone, and Cable TV authorities. This project is located in Zone 5 Local Facilities Management Plan. Recent monitoring has revealed that Palomar Airport Road from El Camino Real eastern City limit falls below the adopted performance standard. Therefore to the issuance of a building permit, the owner shall participate in the guarar a proportional share of the cost of improving this segment of Palomar Airport The applicant shall agree to utilize reclaimed water, in Type I form, on the : property in all common areas as approved by the City Engineer. Reclaimed as defined in Section 1305(n) of the California Water Code, means water wh 43. 44. 7 9 10 11 12 13 8i a result of treatment of wastewater, is suitable for a direct beneficial use c trolled use that would not otherwise occur. Pretreatment of the sanitary sewer discharge from this project may be requir addition to the requirements for a sewer connection permit the develope] conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Codc developer shall apply for an industrial waste water discharge permit concu with the building permit for this project. No Certificates of Occupancy f project will be issued before the industrial waste discharge permit appli requirements have been met, all applicable fees paid and permit issued. ' 45. I I I/ I? proved grading plans. I 23 conditions and requirements the City Engineer may impose with regards hauling operation. 24 1 50. The developer shall exercise specid care during the construction phase ( project to prevent offsite siltation. Planting and erosion control shall be prc 27 28 i PC RES0 NO. 3209 -10- in accordance with the Carlsbad Municipal Code and the City Engineer. Refel Engineer. I.2 13 give written consent to the annexation of the area shown within the boundar the site plan into the existing City of Carlsbad Street Lighting and Landsc I I 20 21 22 23 24 25 26 27 28 'I ~ 1 57. prior to discharge. Plans for such improvements shall be approved by the Engineer prior to issuance of grading or building pennit. Plans, specifications, and supporting documents for all improvements shz prepared to the satisfaction of the City Engineer. Prior to approval of the ha in accordance, with City Standards the Developer shall install, or agree to i and secure with appropriate security as provided by law, improvements shov the site plan and the following improvements: I I PC RES0 NO. 3209 -11- 1 A. Sidewalks and street lights along the entire project frontage along Pi Airport Road. 7 D. A 12’ acceleratioddeceleration lane along the eastbound lanes of Pi Airport Road from the proposed signalized intersection on the east en( and including any necessary offsite length and transition beyond the M 24 submit and receive City and water district approval for appropriate wi improvement plans and easements. All improvements shall be desig conformance with City and Water District Standards, plancheck and inspecti i 28 I i I 1 60. The structural section for the private driveway and parking lot isle must be de with a traffic index of 5.0 in accordance with City Standards due to a truck I through the parking lot and/or aisles with an ADT greater than 500. 41 drain improvements. 1 61. Inigation system to accommodate future reclaimed water shall be designed I 7 62. The Price Club shall be closed for business from 4 P.M. to 6 P.M. Monday t! 12 11 any newsletters or adv ertisements published. Signs to notify patrons of the to 6 P.M. Monday through Friday closure shall be approved by the City EI and Planning Director and be installed prior to the issuance of an occupancy 1 23 24 in the maintenance and insurance costs. 1) The first easement will be granted to the Caltrans property from b west and the east driveways onto Palomar Airport Road. Specifics 25 26 27 28 Vi I 1 PC RES0 NO. 3209 easement shall be 30 feet in width from said westerly driveway s -13- I i lj 1 Caltrans' northefly boundq, then following the westerly driveway as s on the tentative parcel map southerly into the Price club site 21 3 4, 5 6 7 intersection with the main east/west parking lot driveway. Then e along the main easvwest driveway to its intersection with the main en1 driveway to Palomar Airport Road. Then northerly up the centerline ( main entrance driveway to its intersection with Palom Airport Roac The second easement shall alS0 be granted to the caltrans property to Del Norte. Specifically, the easement shall be 30 feet in width fro Caltrans southerly boundary following the driveway between the price building and the mast westerly &ce Club parking lot southerly unt reach Paseo Del Norte. The third easement will be granted to the Nursexyland property fron 2) I 3) l1 I' tentative parcel map southerly as described in the "first easement" desa I to Palomar Airport Road. 1 67. A 20 foot wide public sewer easement shall be offered for dedication on the I.7 68. Approval of SDP 90-5 is granted subject to the approval of MS 837. All con( of approval of MS 837 are incorporated herein by reference. I 19 20 21 22 23 24 25 26 27 28 'I j I; to satisfy the Public Facilities Element of the General Plan. At this time a 1 Roos Community Facilities Mct is proposed to finance the construction of s Citywide facilities necessary to serve new development. If the Mellc is formed but the Zone 5 properties are not partiapants within that Distric required General Plan Consistency findings cannot be made. No discret approvals, Building Permits, Grading Pdts, Final Maps, or development p the developer and approved by the City Council to finance the facilities 1 facilities District. For purposes of this condition the Mdo-Roos Dkict Y considered to be fomed following an affirmative vote of the property owna I Community Facilities District is not formed, or if the Community Facilities C i 1 will be issued or approved unless an alternate financing mechafllsm isprovk applicable to Zone 5 that would have been or are included in the Corn i 1 i I 1 PC RES0 NO. 3209 -14- 1 I I 7 southerly to main east/west onsite driveway. 81 2. Along the north side of the service drive from Paseo Del Norte northc 12 1 72. I Prior to issuance of a grading permit, the developer shall enter into a sf agreement with the City regarding the implementation of an Urban Pol 20 21 1 Fire Conditions: 1 1 74. Prior to the issuance of building permits, complete building plans shall be subr 24 25 26 27 28 1 76. An all-weather access road shall serve the project during construction. i 1 i PC RES0 NO. 3209 -15- 4 5 6 7 3l Munfcipd Code. 79. Plans and/or specifications for fire alarm sptstems, fire hyhts, extingu systems, automatic sprinklers, and other systems pertinent to the project SI submitted to the Fire Department for approval prior to construction. Buildings having an aggregate floor area exceeding 10,OOO quare feet sh protected by an automatic sprinkler system. 80. 8 11 12 13 400’ scale rn Photo reduction on mylar I I At least two existing streets and/or intersections shall be referenced ( map (not a separate vicinity map) 23 24 25 26 City Fire Marshal and review the preliminary water system layout pn preparation of the water system improvement plans. The developer will be responsible for all fees and deposits plus the major fi charge which will be collected at time of issuance of building permit. The dew shall pay a San Diego Cbunty Water Authority capacity charge which w 85. PC RES0 NO. 3209 -16- 27 28 i I 1‘ collected at issuance of application for meter installation. 12 . ‘1‘ I, . \: h,; .<;*hi/ I - 23 24 26 27 28 25 I -1 7- I 1 PC RES0 NO. 3209 I 03 I)' L MAY 10, 1991 TO : CITY ATTORNEY FROM: Planning Director CITY COUNCIL REVISIONS FOR THE PRICE CLUB PROJECT The following list reflects the changes that should be made to th conditions of approval for the Price Club project based on th Council's action at the May 7, 1991 meeting: 1) Add the following new condition to the Site Development Plan No vehicular access shall be permitted from the Price Clu site, proposed Parcel 1 as shown on the Tentative Parcel Ma €or Minor Subdivision No. 837, to Paseo del Norte. The projec plans shall be revised to comply with this condition to th satisfaction of the City Engineer and Planning Director. Add the following condition to the Site Development Plan: The architecture for the Price Club shall be enhanced so as ti contain building treatments and/or materials representative o high end non-residential structures located in the Paloma Airport Road Corridor. Revised plans for the buildinc elevations shall be approved by the City Council prior to thc issuance of building permits. 3) Delete condition 57 F. of Planning Commission Resolutio number 3209. 4) Delete Condition 63 of Planning Commission Resolution numbe 5) Delete Condition 64 of Planning Commission Resolution numbe: 2) 3209. 3209 and replace it with the following condition: All trucks leaving the site shall use the main signalize( intersection onto Palomar Airport Road. The site plai shall be revised to comply with this condition to tht satisfaction of the City Engineer and Planning Director 6) Revise condition 66 of Planning Commission Resolution numbei 3209 as follows: A) Change the word I1three1l to two. B) Delete the number two condition. 03; a) . CITY ATTORNEY PAGE 2 MAY 10, 1991 C) D) Change the number three condition to number two. Add a new paragraph following the above reference section to contain the information listed in th May 2, 1991 memorandum to the City Manager from th Community Development Director (copy attached):' 7) Revise Item 2 of Condition No. 71 of Planning Commissio Resolution No. 3209 to read as follows: From Paseo del Norte northerly to the south end of th employee parking lotto the satisfaction of the City Enginee and Planning Director. X&XXXJXXTRXXIXlXkEX~XEpnppo~E~~~~ 'c?DxmXx&BI R~XXXBE2E%EXxxzWmmm a. XXXPX *, MICHAEL J. HOLZMILLER Planning Director Attachment MJH: DN : arb c: Assistant City Engineer Senior Planner Neu 0" i\ .I May 2, 1991 TO: CITY MANAGER FROM: Community Development Director ]Price Club - Proposal to amend Condition No. 66 Staff is recommending that Condition No. 66 for Price Club be amended to add tht following: The easement documents shall be worded such that the grant is not effective until the following conditions are met: A. The use of the easement by either property is compatible with the cornrnercial use of the Price Club property with regard to vehicle types, trafic generation rates and adherence to traffic rules as determined by the City. The owner of the adjacent property agrees to share in the cost of maintenance and insurance based upon a pro-rata share of traffic B. using the easements. C. The owner of the adjacent property agrees to hold the Price Club harmless from any liability associated with the adjacent property omers use of the easement, and maintain independent liability insurance coverage. For the Nurseryland property only, one or both of the existing driveways on the Nurseryland property are closed to the satisfaction D. I of the City. Staffs primary motivation in amending the erristing condition is to clarify that utilization of the easement by adjacent properties is anticipated to occur only at the time those properties develop, not necessarily with development of Price Club. MARTY ORENYAK M0:CH Attachment C. Planning Director City Engineer PLANNING COMMISSION RESOLUTION NO. 3210 31 4 APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR FOOD CONCESSIONS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF PASEO DEL NORTE. 51 6 7 8 91 lo 12 I.1 13 CASE NAME: PRICE CLUB CASE NO: CUP 90-3 WHEREAS, a verified application has been filed with the City of Ca I, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provic I 1 I Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Pla Commission did, on the 3rd day of April, 1991, hold a duly noticed public hear consider said application on property described as: I I 1 I 17 WHEREAS, at said public hearing, upon hearing and considerir I I 19 20 21 22 23 24 25 26 27 28 I considered all factors relating to CUP 90-3. j NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn 1 of the City of Carlsbad as follows: A) €3) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Cornmi RECOMMENDS APPROVAL of CUP 90-3, based on the following finding: subject to the following conditions: ' Findins: permitted in the zone in which the proposed use is to be located beca compliments the Price Club retail function, provides a convenient semi I 7 requjred parking has been provided. 81 3. That all of the yards, setbacks, walls, fences, landscaping, and other fe, necessary to adjust the requested use to existing or permitted future uses I 20 21 22 23 24 25 26 27 28 development of the Price Club project site. Approval is granted for CUP 90-3, as shown on Exhibit(s) "A" - "N", dated A 1991, incorporated by reference and on file in the Planning Deparr Development shall occur substantially as shown unless otherwise noted in conditions. Approval of CUP 90-3 is granted subject to the approval of GPA 90-1, LCPA 1 2. 1 ' 3. ZC 90-1, SDP 90-5, HDP 90-9 and MS 837. ... PC RES0 NO. 3210 -2- I '1 1 4. The food concessions permitted on the site by CUP 90-3 as shown on exhibit "N", dated April 3,1991 shall have their hours of operations limited to the 4 5 to be used by customers for sit down outdoor eating. Additional tables fol preparation such as condiments may be pexmitted and will not be included a of the maximum of 6 tables allowed. A total of 9 parking spaces are required for the food concessions use. 6. 12 not be effective and permits shall not be issued until this notice is recorded Office of the County Recorder. I i 20 21 I 1 , ;P I I ROBERT. j 24 25 26 27 28 41e.A 1 PC RES0 NO. 3210 I MICHAEL J. HOLZbkkE R 1 PLANNING DIRECTOR -3- I 1 PLANNING COMMISSION RESOLUTION NO. 3211 A RESOLUTION OF THE PLANNING COMMISSION OF THE 4 PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD EAST OF PASEO DEL NORTE. CASE NAME: PRICE CLUB 6 7l WHEREAS, a verified application for certain property to wit: Parcel "A" of Parcel Map No. 2949, together with a Portion l1 12 I 1 Title 21 of the Carlsbad Municipal Code; and 14 16 l5 17 I I consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimon arguments, if any, of all persons desiring to be heard, said Commission consider6 Ij I I 20 21 22 23 24 25 26 27 28 1 as follows: 1 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commi subject to the following conditions: RECOMMENDS APPROVAL of HDP 90-9, based on the following findings Findings: I 1. All findings of the Conditional Negative Declaration, Resolution No. 3205 SDP 90-5, Resolution No. 3209, are incorporated herein by refmce. 1 2 3 4 5 2. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hi1 Ordinance) and meets all the requirements of that Chapter to ensure the sens treatment of the City's hillside resources. The net grading amount of 4,960 cubic yards per acre falls within the accepi range required by the Hillside Development Ordinance. The project will not create manufactured slopes greater than 30 feet in heig I ii I 3. 4. Conditions : : [ 1. All conditions of the Conditional Negative Declaration, Resolution No. 3205, SDP 90-5, Resolution No. 3209, are incorporated herein by reference. Refc l1 l2 Development shall occur substantially as shown unless otherwise noted in tl Approval of HDP 90-9 is granted subject to the approval of GPA 90-1, LCPA 9 I I conditions. 1 3. ! 26 27 28 PC RES0 NO. 3211 -2- ' 23 24 26 28 1 21 3 4 5 6 7 81 PLANNING COMMISSION RESOLUTION NO. 3212 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR SUBDMSION TO CREATE FOUR PARCELS ON 62 ACRES ON PROPERTY GENERALLY ROAD EAST OF PASEO DEL NORTE. CASE NAME: PRICE CLUB CASE NO.: MS 837 WHEREAS, a verified application for certain property to wit: Parcel "A" of Parcel Map No. 2949, together with a Portion of I LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT 11 12 WHEREAS, said verified application constitutes a request as provided by 7 20 and 21 of the Carlsbad Municipal Code; and 13 i 16 l7 WHEREAS, at said public hearing, upon hearing and considering all testim land arguments, if any, of all persons desiring to be heard, said Commission considered 20 21 22 23 24 25 26 27 28 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Codss ias follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commiss recommends APPROVAL of MS 837, based on the following findings and subjecl the following conditions: ..... ..... Findings: ll 11 12 condition to pay a public facilities fee. Performance of that contract and pay of the fee will enable this body to find that public facilities will be avail concurrent with need as required by the General Plan. I I I 22 23 24 8. The applicant is by condition, required to pay any increase in public facility fee new construction tax, or development fees, and has agreed to abide by additional requirements established by a Local Facilities Management Plan prepa pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ens continued availability of public facilities and will mitigate any cumulative imp: 26 27 28 PC RES0 NO. 3212 -2- I I 21 3 4 5 6 7 a 9 Facilities Management Plan for Zone 5. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hi1 Ordinance) and meets all the requirements of that Chapter to ensure the sens I 10. treatment of the City's hillside resources. Conditions: 1. Approval is granted for MS 837, as shown on Exhibit(s) "Att - "N", dated Apr 1991, incorporated by reference and on file in the Planning Departm Development shall occur substantially as shown unless otherwise noted in t conditions. The developer shall provide the City with a reproducible 24" x 36', mylar COF , 2. 11 12 I submitted to the City Engineer prior to building, grading or improvement 1 submittal, whichever occurs first. This project is approved upon the express condition that building permits will 3. 15 16 ' 17 18 19 sewer permits and will continue to be available until time of occupancy. This 1 shall be placed on the final map. This project is also approved under the express condition that the applicant paj public facilities fee adopted by the City Council on July 28, 1987 and as amer from time to time, and any development fees established by the City Cou pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordina adopted to implement a growth management system or facilities and improven plan and to ~LIKU the subdivider's agreement to pay the public facilities fee d: 4. I ,j 21 /I 22 ' 23 24 25 26 27 28 5. The applicant shall pay park-in-lieu fees to the City, prior to the approval of final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Water shall be provided to this project pursuant to the Water Service agreen between the City of Carlsbad and the Carlsbad Municipal Water District, dated F 25, 1983 subject to availab@ty. 6. PC RES0 NO. 3212 -3- 4. 9. c li I ! 7. This project shall comply with all conditions and mitigation measures which be required as part of the Zone 5 Local Facilities Management Plan and amendments made to that Plan prior to the issuance of building permits. 21 51 6 7 invalid this approval shall be invalid unless the City Council determines tha project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zc Ordinance and all other applicable City ordinances in effect at time of final I 9. approval. 11 En~neerhg Conditions: 12 1 11. The applicant may request a review of the preliminary conditions within (10) of the date of this approval. The request must be submitted in writing to the 15 12. The tentative parcel map approval shall expire two (2) years from the date o letter containing the final decision for tentative parcel map approval. 21 22 23 24 25 26 27 28 I 15. The developer shall submit proof of a California State Coastal Commission pt prior to parcel map approval. All required fees and deposits shall be paid prior to parcel map recordation. attached list.) 16. I 1 PC RES0 NO. 3212 I I..... 4- I' *- ~ -¶ ? 1 2 ~ 3 4 5 17. The developer shall pay the local Drainage Area Fee pnor to approval of the map. Area No. 11. Prior to approval of the parcel map the developer shall pay and/or enter ii agreement with the City to pay any drainage area fees established as a result forthcoming Master Drainage Plan Update. The subdivider shall be responsible to pay the recording fees for all agree] easements and documents required for this project. 18. 19. 6/ 7 20. This project is approved upon the express condition that building permits w be issued for development of the subject property unless the City Engineer 10 11 12 13 I* 15 16 17 18 19 ing drainage across the adjacent property prior to approval of the parcel m this project. Grading in advance of final map may be allowed subject to City Engineer ap: in accordance with Chapter 11.06 Carlsbad Municipal Code and departr Approval of MS 837 is granted subject to the approval of SDP 90-5/CUP 90-2 90-9/GPA 9O-l/ZCA 9O-l/and LCPA 90-2. All conditions of approval of the mentioned applications are incorporated herein by reference. Prior to parcel map approval the developer shall grant a covenant of easemc access to Parcel 1 over the service drive through Parcel 3 to Paseo Del Norte 22. policy. '/ 23. I I1 I, I 24. covenant of easement shall be shown and recording information called out I ' / parcel map- I 22 21 23 24 25 26 21 28 20 of the Carlsbad Municipal Code. This note shall be placed on a separate of the parcel map. No grading @ts or building permits shall be issued c designated remainder parcel without prior approval of the City and CI Commission. This note shall be placd on a separate sheet of the parcel ma I ... '.' PC RES0 NO. 3212 -5- *e t 26. Per State laws governing the associated Palomar Airport Road Assessment D 1 AD 86-1, a segregation of the assessments to the subject property must be a 3 4 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1: Commission of the City of Carlsbad, California, held on the 3rd day of April, 1991, 6 ?I 8 11 following vote, to wit: AYES: Commissioners: Schlehuber, Schramm, McFadden, Ma (1 Hall. 21 22 1 I I 23 24 25 26 27 28 I I PC RES0 NO. 3212 -6- I