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HomeMy WebLinkAbout1998-02-04; Planning Commission; ; CT 91-06X2 - TIENDA DE LA ESQUINATne City of CARLSBAD Planning Departmem A REPORT TO THE PLANNING COMMISSION ~.;/J P.C. AGENDA OF: February 4, 1998 Item No.@ Application complete date: June 6. 1997 Project Planner: Christer Westman Project Engineer: Ken Quon SUBJECT: CT 91-06x2 -TIENDA DE LA ESOUINA Request for a one year extension of the Tentative Map on property generally located at the southeast comer of Rancho Santa Fe Road and Camino De Los Coches in Local Facilities Management Zone 11. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4217 APPROVING a three year extension of CT 91-06 based upon the findings and subject to the conditions contained therein. II. DISCUSSION The tentative map extension was heard by the Planning Commission on January 21. 1998 and was continued to the February 4. 1998 hearing in order to allow the Commission adequate time to review the approvals of the permits associated with the tract map. Those permits are Conditional Use Permit CUP 91-04 for the operation of the gas station/mini-market; Site Development Plan SDP 91-06 for the overall site and architectural design; and. Planned Unit Development PUD 91-03 allowing the subdivision of postage stamp lots and will automatically be extended by operation of law pursuant to Carlsbad Municipal Code Section 21.58.020(b) if the tract map is granted an extension. Attachments: 1. Planning Commission Resolution No. 4217 (CT 91-06 extension) 2. Staff Report dated January 21, 1998, with attachments 3. Planning Commission Resolution No. 3136 (SDP 91-06) 4. Planning Commission Resolution No. 3137 (CUP 91-04) 5. Planning Commission Resolution No. 3138 (PUD 91-03) 0 'l'ne City of CARLSBAD Planning Department EX~to A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: January 21, 1998 ItemNo. (!) Application complete date: June 6, 1997 Project Planner: Christer Westman Project Engineer: Ken Quon SUBJECT: CT 91-06x2 -TIENDA DE LA ESOUINA Request for a one year extension of· the Tentative Map on property generally located at the southeast comer of Rancho Santa Fe Road and Camino De Los Coches in Local Facilities Management Zone 11. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4217 APPROVING a one year extension of CT 91-06 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION Carlsbad Tract 91-06 is a seven lot neighborhood retail center, including a convenience store and gas station, generally located in the southeast comer of Rancho Santa Fe Road and Camino De Los Coches in Local Facilities Management Zone 11. The project site contains 7.6 acres and is within the PC Zone and La Costa Master Plan. The Applicant is requesting the Tentative Map be extended for a one year period. This project was originally approved on June 5, 1991, per Planning Commission Resolution No. 3135, and was then subject to a brief tolling period which ended on June 13, 1991. The Tentative Map was scheduled to expire on June 13, 1993, at which time it was extended by Planning Commission Resolution No. 3535 to June 13, 1994. In September, 1993, State Law SB 428 extended all unexpired tentative maps one time, for 2 years. In May, 1996, State Law AB 771 granted all unexpired tentative maps a one time 1 year extension. The current expiration date of CT 91-06 was June 13, 1997; however, the applicant submitted a request to extend the map and CUP prior to the expiration date. In order to sufficiently analyze the current site conditions for potential environmental impacts, the request has been delayed from going forward until this time. III. PROJECT DESCRIPTION AND BACKGROUND On June 5, 1991, the Applicant received approval for a Tentative Map, Planned Development Permit, Conditional Use Permit, and Site Development Plan to construct a neighborhood commercial center. 0 JI CT 91-06x2 TIENDA Dt LA ESQUINA January 21, 1998 Page2 This Applicant requests a one year extension due to the current lack of demand for retail space at this location. The Applicant has been diligent in making substantial progress toward a Final Map. In consideration of these circumstances, staff recommends a one year extension of the Tentative Map, CT 91-06, and its related permits, CUP 91-04, SOP 91-06 and PUD 91-03, until June 5, 1998. IV. ANALYSIS A. The proposed tentative map and permits are consistent with all current applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. Local Facilities Management Plan Zone 11; 3. Title 21 of the Carlsbad Municipal Code; and 4. La Costa Master Plan. B. The adopted project findings for CT 91-06, which are contained in Planning Commission Resolution No. 3135 still apply to this project (CT 91-06x2). V. ENVIRONMENTAL REVIEW The Planning Director has determined that the project has not changed from its original configuration and intensity and that no new significant environmental changes have occurred onsite. Therefore, based on current knowledge of the site, the project will not have a significant impact on the environment, and that a notice of Prior Compliance was issued stating that the Negative Declaration approved by the Planning Commission in June 1991 continues to be applicable. ATTACHMENTS: 1. Planning Commission Resolution No. 4217 2. Location Map 3 Planning Commission Resolution No. 3535 dated August 18, 1993 4. Planning Commission Resolution No. 3135 dated June 5, 1991 l 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 PLANNING COMMISSION RESOLUTION NO. 3535 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION FOR A TENTATIVE MAP. CASE NAME: TIENDA DE LA ESQUINA CASE NO: CT 91-06 WHEREAS, the Planning commission did, on June 5, 1991, adopt Planning Commission Resolution No. 3135 approving a tentative map for a seven lot neighborhood retail center known as CT 91-06; and WHEREAS, said tentative map will have expired as of June 13, 1993; and WHEREAS, the Applicant has requested a one year extension to process a final map; and WHEREAS, the Applicant has been diligently pursuing those acts required to obtain a final map; and WHEREAS, the original conditions of approval are still applicable to the tentative map; and WHEREAS, no new conditions are required. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Applicant has been diligently pursuing those acts necessary to obtain a final map. 3. That the request for an extension of the tentative map for Carlsbad Tract 91-06 is approved for a period of one year from June 13, 1993 until June 13, 1994, subject to all the original conditions of approval. /3 J. PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 Carlsbad Planning Commission of the city of Carlsbad, California, 3 held on August 4 AYES: 5 NOES: 6 ABSENT: 7 ABSTAIN: 8 9 10 11 ATTEST: 12 18, 1993, by the following vote, to wit: Chairperson Noble; Commissioners: Schlehuber, Betz, Welshons, Savary, Erwin & Hall. None. None. None. A • ; )'\~ BAI~-, Chairperson---' CARLSBAD PLANNING COMMISSION ~:MI~~ 15 16 17 18 19 20 21 22 23 24 25 26 27 Planning Director 28 PC RESO NO. 3535 -2- 'I I I l1 I I 2: 3 4 . 5. 6 7 8 91 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3135 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 7 LOT TENTATIVE MAP ON PROPER1Y GENERALLY LOCATED ON THE SOUTHEAST CORNER OF RANCHO SANT A FE ROAD AND CAMINO DE LOS COCHES. CASE NAME: TIENDA DE LA ESQUINA CASE NO: CT 91-6 WHEREAS, a verified application for certain propeny to wit: Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San Diego, State of California, Filed in the Office of the County Recorder of San Diego County, September 25, 1985 as file/page no. 85-355261 of official records. 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, the Planning Commission did, on the 5th day of June, 1991, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 the Tentative Tract Map. . • NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission hereby APPROVES of CT 91-6, based on the following findings and subject to the following conditions: l , Findings: :l 2 ii 1, I\ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 3. 4. s. The project is consistent with all City public facility policies and ordinances since: a. School fees will be paid to ensure the availability of school facilities in the San Dieguito High School and Encinitas Unified School Districts. b. Park-in-lieu fees are required as a condition of approval. c. All necessary public improvements have been provided or will be required as conditions of approval. d. 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 consistent with the City's Non-Residential Planned Development Ordinance. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 2, 1991 and approved by the Planning Commission on June 5, 1991. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 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 CO<ie. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 6. 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 11. 7. The project provides an incrmse in and quality upgrade of open space which is contiguous to Open Space shown on the Open Space network map dated August 9, 1989. PC RESO NO. 3135 -2- j' I ' ' I I !I I 8. 1.I !I 2 il 9. I' 3 .\ The project will not preclude any future opportunities for trails linking larger Open Spaces as part of a Citywide trails program. The project applicant has volunteered to fund a minimum of 50% of the cost of a traffic signal at Camino de Las c.oches and C.alle Tuniteo should such a signal be warranted by this project in conjunction with other development in the area. 4 Conditions: 5 I 1. 6! 71 8 9 101 11 12 13 14 15 16 17 18 19 20I 21 2. 3. 4. 5. 6. 7. Approval is granted for CT 91-6, as shown on Exhibit(s) "A" -"M", dated June 5, 1991, incorporated by reference and on file in the Planning Depanment. 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 Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to building, grading or. improvement plan submittal, whichever occurs first. A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Saici map shall show all lots and streets within and adjacent to the project. 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 pennits and will continue to be available until time of occupancy. This note shall be placed on the final map. 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 February 7, 1991, 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. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building pennit application. These fees shall be based on the fee schedule in effect at the time of building permit application. 22 23 24 25 26 27 28 PC RESO NO. 3135 -3-/1 .; l 2 3: 41 I 5 )1 s I! 7 8 91 1011 11 12 13 ,, 14 15 16 17 18 19 \ 2011 21 1 22 23 24 25 26 27 28 8. 9. • 10. Water shall be provided by the Olivenhain Municipal Water District. This project shall comply with all conditions and mitigation required by the Zone 11 Local Facilities Management Plan approved by the City Council on January 20, 1988, incorporated herein and on file in the Planning Depanment and any future amendments to the Plan made prior to the issuance of building permits. [f 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. 11. 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. 12. Approval of CT 91-6 is granted subject to the approval of PUD 91-3, SOP 91-6 and CUP 91-4. 13. The applicant shall establish a property owner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. 14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. · 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed. from view and the sound buffered from adjacent propenies and streets, in substance as provided in Building Depanment Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 16. 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. • .17. 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. 18. All parking lot trees shall be a minimum of 15 gallons in size. PC RESO NO. 3135 -4- 4 II 5 ii i 6 7 I 81 I 9/ i 101 ll 12 13 14;! I 151 I 16 i 17. I 181 19 ,I 20 ll 21 1 22 23 24 25 26 27 28 19. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 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 from the approved Street Tree List. All landscape plans shall be prepared to conform with the Landscape Guidelines , Manual ahd submitted per the landscape plan check procedures on file in the ' Planning Department. Landscape plans shall be designed to mmmuze water use. Lawn and ocher Zone 1 plants (see Landscape Guidelines Manual) • shall be limited co areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. 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 imgation plans submitted shall include building plans, improvement plans and grading plans. All landscape and imgation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. All parking lot trees shall "be canopy trees. Shrubs will be planted from the following container sizes: 25% -one gallon, 70% -5 gallon, 5% -15 gallon.. All screen type planting will be planted from five- gallon containers. 30% of the trees provided shall be 24" box or greater. A uniform sign program for this development shall be submitted to the Planning Director for his review and approval prior to the issuance of building permits. The sign program shall address location, si7.e, materials, colon and method of imtallation for all sigm. Signage will be prolu'bited on buildings 3 & 4 facing the PC RESO NO. 3135 -5- /9 i ·I 'I I, 'I 'I 1, ,I 1! ii 1!1 12 1:3 14 15 ,I 'I I 16' 17 18 I 19 I 201 21 22 23 24 25 26 27 28 32. 33. 34. 35. 36. adjacent open space conidor. Signs shall be oriented toward the interior of the project. 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. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a bench, free from advenising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and _said design shall be subject to the approval of the Planning Director and North County Transit District. As pan 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. Prior to issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a standard three phased program, on file in the Planning Department, shall be undertaken to avoid possible significant impacts on paleontological resources under the direction of the Planning Department. All retaining walls shall have a decorative face which is consistent with the project architecture. The material shall be reviewed and approved by the Planning Director prior to the issuance of grading permits. EngjnP.ering Conditions: 37. 38. 39. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this Tentative Map/Site Plan. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable 1V authorities. 40. This project is approved specifically as 1 (single) phase. 41. The developer shall provide an acceptable means for maintaining all the private streets, sidewalks, street lights, storm drain facilities and sewer facilities within the subdivision and to distribute the costs of such maintenance in an equitable manner PC RESO NO. 3135 -6- among the owners of the units within the subdivision. Adequate provision for such maintenance shall be included with the CC&R's subject to the approval of rhe l : City Engineer. 2: j; 9 ;I 10/i ll 12 13. ii ' 14:: li 11 15 :1 :, 'I I 16 ii 11 171! 1ai1 1' II 19 ii 20 Ii '! 211i 22 23 24 25 26 27 .28 I 42. All concrete terrace drains shall be maintained by the property association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's. 43. Approval 6f this tentative tract map shall expire twenty-four (24) months from the date of Planning Commission approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the Planning Commission. ln approving an extension, the Planning Commission may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. 44. Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the fonhcoming Master Drainage Plan Update. 45. The owner of the subject property shall execute a hold hannless agreement regarding drainage across the adjacent property prior to approval of the final map for this project. 46. The applicant shall agree to utilize reclaimed water, in Type l form, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. 4 7. • Pretreatment of the sanitary sewer discharge from this project may be required. ln 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 industrial waste discharge permit application requirements· have been met, all applicable fees paid and permit issued. 48. No grading permits shall be issued for this subdivision prior to recordation of the final map. 49. Based upon a review of the proposed grading and the grading quantities shown on the tentative map/site plan, a grading permit for this project is required. Prior to issuance of a building permit for the project, the applicant must submit and receive approval for grading plans in accordance with City codes and standards, be issued PC RESO NO. 3135 -7- " ' ' :31 I( I! 4:i ,i ii 9 ii 11 1011 11 12 1311 I' '! 141 II •I 1s !I 16i I 17. I 18 I ii II 19!1 11 201I 'I 21 :I i 221 23 24 25 26 27 28 50. 51. 52. 53. 54. 55. 56. 57. a grading permit and complete the grading work in substantial conformance with the approved grading plans. The developer shall obtain a grading permit prior to the commencement of anv clearing or grading of the site. • No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of ~he affected propenies. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map/site plan or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map/site plan as determined by the City Engineer and Planning Director. Prior to hauling din or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the Cicy Engineer for the proposed haul route. The developer shall comply with all 1 conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. The developer shall construct an urban pollutant basin of a type and size and at location as approved by the City Engineer. The developer shall enter into an urban pollutant basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or final map whichever occurs first for this project. The urban pollutant basin shall be serviced by an all weather access/maintenance road. Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map/site development plan. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Some improvements shown on the tentative map/site plan and/or required by these conditions are located off-site on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made PC RESO NO. 3135 -8- ii ii ii 1: ii l ;i ,' I ,I 2 ·: ': 91 101 11 12 131 14 15 16 17 181 1911 2011 211 22 23 24 25 26 27 28 58. 59. 60. 61. 62. without acquisition of title or interest. The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. Prior to approval of any grading or building permits for this project, the owner shall give wrinen consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and 1 Landscaping District No. 1. The form shall be provided by the City during the improvement plancheck process. Runoff from this project is conveyed to environmentally sensitiv~ areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to ' install and secure with appropriate security as provided by law, improvements shown on the tentative map/site plan and the following improvements: A. Construction of the "right-in only'' entrance and deceleration lane along Rancho Santa Fe Road. B. Construction of the main entrance on Camino de los Caches. C. The design and construction of a traffic signal at the main entrance at the intersection of Om,inn de Los Caches and c.alle luniteo. Signal is to be installed by the developer as directed by the City Engineer. The developer shall pay a percentage of at leut 50% of the cost of the signal based on demand- A note to this effect shall be placed on an additional map sheet on the final map per the provisions of Sectt,ns 66434.2 and 66445 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of final map approval and or improvement plan approval whichever occurs first. The Fire Marshal has determined that on-site fire hydrants are required to serve this project. Prior to issuance of a building permit for the site, the applicant must submit and receive City and water district approval for appropriate waterline improvement plans and easements. All improvements shall be designed in conformance with City and Water Disnict Standards, plancheck and inspection fees paid and improvement security shall be posted with the Water District. PC RESO NO. 3135 -9- l 2, :' i 3 i! ii 411 . 11 ii 5 :1 6 ii 7 8 9 // 1011 11 I 15 16 j 17 1a1i ,1 19 ii " 2oli It 21 22 23 24 25 26 27 28 63. 64. 65. 66. 67. 68. The strUctural 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. Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code. Off-site future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing paints to minimize street excavation. An additional 12 feet of public right of way shall be dedicated along a portion of Rancho Santa Fe Road for a deceleration lane as shown on the tentative map/site plan. The offer shall be made by a certificate on the final map for this project for the portion along the project frontage and by a separate instrument for the portion off-site on the adjacent property to the south. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. At:cess rights along the project frontage on Rancho Santa Fe Road were relinquished per Parcel Map No. 13970 (MS 671). The project proposes access from Rancho Santa Fe Road for a "right-in only" driveway. Therefore, the developer shall pay for and submit an application for the quitclaiming back of a portion of the access rights of Rancho Santa Fe Road for this driveway. Prior to final map approval the mue of quitclaiming back of this portion of the access rights is to be heard and decided by the City Coundl. Should Council not approve the quitclaim, then the project cannot be developed unless the project is redesigned and the tentative map/site plan is amended back through the Planning Commission. A method for removing urban pollutants from the drainage on-site shall be proposed and approved by the City Engineer prior to the muance of a grading or building permit. This project proposes the mnstruction of cn1Jwalls into the emting slopes adjacent to Rancho Santa Fe Road and Camino de las Cocbes. These slopes were constructed with buttress fills and the impact of the proposed cn"bwalls to be constructed into these slopes needs to be evaluated. Therefore, at the time of submittal of the grading plam for the project, the developer shall submit a report from a soils engineer evaluating the proposed cn"bwall construction into the slopes. If the soils report would find that cnl>walls were not able to be constructed into these slopes then the project cannot be constructed unless the project is redesigned and the tentative map/site plan is amend~ back through the Planning Commission. PC RESO NO. 3135 -10- 4· ,I 5 ii 6 :, I 7j I I Si. i1 9i I 101 11!1 I I 12 Custom Conditions: 69. Lot 7 shall be owned "in common" by the owners of the 6 other lots not by the Property Owneis A.uociation. The applicant shall provide an acceptable means , for mail,.taining this common area lot and to distn"bute the cost of such maintenance in an equitable manner among the owners of the subdivision. , Adequate provisions for such maintenance shall be included within the CC&R's ' subject to the approval of the City Engineer. 70. The owner shall make an Irrevocable offer of dedication to the City of Carlsbad for an open space easemP.Dt over the major slopes adjacent to the southerly property line of Lot 7. This shall include the urban pollutant basin and shall also include the flat t:riangul.ar area between the service parking area of building 3, the south facing major slope and CaminQ de las Cocbes. The Irrevocable offer of dedication for the open space easement shall be made by a certificate on the final map for the project. The Irrevocable offer of dedication shall also be delineated on the tentative map. 71. The applicant shall make adequate provisions for the perpetual maintenance of the Irrevocably offered open space easement and to distribute the cost of such maintenance in an equitable manner among the owners of the subdivision. These provisions are to be included within the CC&R.'s subject to the approval of the City Engi~. 131 I 141! 72. !j Concurrent with final map approval, the owner shall record a covenant to enter into a reciprocal access and parking agreement over the driveway and parking areas of Lot 1 and Lot 7. isl 16 17 1811 I' 19 I) 20 Ii I 21 11 22 23 24 25 26 27 28 Fire Conditions: 73. 74. 75. 76. 77. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional public and/or on-site fire hydrants shall be provided if deemed necessary by the Fire Marshal. The applicant shall submit for processing and shall pay the required applicants fees for a waterline improvement plan and appurtenant waterline easement as may be required by the City Engineer, the Fire Marshal and Costa Real Municipal Water District. The deed shall be properly executed and the waterline plans signed by the City Engineer prior to issuance of building permits. An all-weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible-building materials begin located on the project site. PC RESO NO. 3135 -11- !/ I I I l ! 78. :1 2i I 79, 3 !I 4 l' 80. I 5 j, 6 81. 7 8 9 10 11 12 13 15 161 17 18 1911 82. 83. 84. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. 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. All roof-top appurtenances shall be architecturally integrated into the design of the building and shielding to prevent noise and visual impacts, subject to approval before issuance of permit. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into, i 10,000 sq. ft. (or less) areas. • Prior to issuance of building permits, the developer shall provide the Fire Department with a 500' scale map showing streets (public and private), street names, fire hydrant locations, and beginning and ending addresses by block. Prior to issuance of building permits, the developer shall submit to the Fire Department a map, showing the street network, conforming to the following criteria: • • • • 400' scale (1:4800) Photo reduction on mylar At least two existing streets and/or intersections shall be referenced on the map (not a separate vicinity map) Maps shall include at least the following information: * * . • Street Centerlines Street Names Fire hydrant locations 20 21 22 23 24 25 26 27 28 85. The applicant shall agree to pay a fee established to cover the cost of updating Fire Department response maps. PC RESO NO. 3135 -12- ii I l I iii 'I ., 2 ·! "!. ;1 wd Ii 411 !I 1, 5 ii Ii 511 I 7i I al ' ·, 9/ 10! 11 12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary, -Erwin, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. --- ,OjjillJ;( I '_ . ../ ~ ' .,_., ROBERT HOLMES, Chairperson CARLSBAD PLANN(NG COMMISSlON 13 I ATTEST: 14 1 15 I I 16 ii II 171! 181! II 19 !I 2011 !: 21 :, 22il 23 24 25 · 26 27 28 . ~')A~~UJ(~ ' MICHAEL J. Holz~ PLANNING DIRECTOR PC RESO NO. 3135 -13- l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3136 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI1Y OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN FOR A 7 .6 ACRE NEIGHBORHOOD RETAIL CENTER ON PROPER IT GENERALLY LOCATED AT THE SOUTHEAST CORNER OF RANCHO SANTA FE ROAD AND CAMINO DE LOS COCHES. CASE NAME: TIENDA DE LA ESQUINA CASE NO: SOP 91-6 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 Sch day of June, 1991, consider said request on property described as: Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 25, 1985 as file/page no. 85-355261 of official records. 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 SOP 91-6. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 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 Commission APPROVES SOP 91-6, based on the following findings and subject to the following conditions: 1 Findings: 2 3 4 5 6 7 8 9 10 11 1. 2. The sire is physically suitable for the type of development. The project is consistent with all City public facility policies and ordinances since: a. b. C. d. School fees will be paid to ensure the availability of school facilities in the San Dieguito High School and Encinitas Unified School Districts. Park-in-lieu fees are required as a condition of approval. 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. 12 3. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on September 5, 1990, and approved by the Planning Commission on June 5, 1991. [n approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 13 14 15 16 4. 17 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. 18 19 20 5. This project is consistent with the Citys Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. 21 22 23 24 25 26 27 28 6. The project provides an inaease in the quality upgrade of open space which is contiguous to Open Space shown on the Open Space network map dated August 9, 1989. 7. The project will not preclude any future opportunities for trails linking larger Open Space as part of a Citywide trails program. PC RESO NO. 3136 -2- 1 2 3 4 5 6 7 Conditions: 1. 2. 3. All conditions of Planning Commission Resolution Nos. 3135, 3137 and 3138 ~e applicable to this approval and incorporated herein through this reference. Approval of SOP 91-6 is granted subject to the approval of CT 91-6, PUD 91-3, and CUP 91-4. This approval shall become null and void if final map is not recorded within 24 months from the date of Approval. An additional maximum 24 months shall be granted from the date of final map recordation (CT 91~) for building permit issuance, not to exceed a total of 48 months from the date of project approval. 8 Special Conditions: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. Restaurant uses shall be restricted to no more than 15% of the total building area onsite. A note declaring this shall be included on the site plan and a continuous tabulation of restaurant square footage used and available shall be submitted to the Planning Department with each request for a business license and/or tenant improvement for a restaurant. Building "A" shall be'limited to Financial Institution use only. A note declaring this shall be included on the site plan. Changes to any other professional use shall be subject to the review and approval of the Planning Director. Any subsequent changes to these use restrictions will require review and approval of the Planning Commission. A notice of special conditions 4, 5 and 6 to the satisfaction of the Planning Director and City Attorney shall be recorded with the deed informing future and existing property owners of the use restrictions on Tienda de La Esquina. PC RESO NO. 3136 -3- 1 2 3 4 5: 6 7 8 9 10 11 12 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary, Erwin, Noble & Hall. NOES: None. ABSENT: ABSTAIN: None. None. 0; I I\ A n r \ .,-~:7} j (; ~,~,,_.,,.--__ ,, d '/ A. 1 ·~ "'-·., ~. \. ,I" ..,_,,,~ ...... / \p-.,1 • • '"' ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION 13 ATTEST: 14 1s -1·\&J2oo~, 16 MICHAEL J. HOMllJ. 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING DIRECTOR PC RESO NO. 3136 -4- 31 l 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 PLANNING COMMISSION RESOLUTION NO. 3137 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI1Y OF CARLSBAD, CALIFORNIA, APPROVING A CONDmONAL USE PERMIT FOR A GAS STATION WITHIN A 7.6 ACRE NEIGHBORHOOD RETAIL CENTER ON PROPER1Y GENERALLY LOCATED ON THE SOUTHEAST CORNER OF RANCHO SANTA FE ROAD AND CAMINO DE LOS COCHES. CASE NAME: TIENDA DE LA ESQUINA CASE NO: CUP 91-4 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 5th day of June, 1991, hold a duly noticed public hearing to consider said application 6n property described as: Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, September 25, 1985 as file/page no. 85-355261 of official records. 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 91-4. NOW, THEREFORE, BE IT HEREBY RESOLVED by the 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 Commission APPROVES CUP 91-4, based on the following findings and subject to the following conditions: l 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 Findings: 1. 2. 3. 4. s. 6. That a gas station is desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the La Costa Master Plan. That the site for the intended use is well located at a major street intersection and is adequate in size and shape to_ accommodate the use. That all of the yards, setbacks, walls, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. That the street system serving the proposed use with the inclusion of a deceleration lane on Rancho Santa Fe Road is adequate to properly handle all traffic generated by the proposed use~ That the use is properly buffered by grade separation from adjacent existing and future uses. That twenty-four hour operation of a gas station and convenience market may conflict with the suburban residential character of the surrounding neighborhood. Conditions: 1. 2. 3. All conditions of Planning Commission Resolution Nos. 3135, 3136, and 3138 are applicable to this approval and incorporated herein by reference. This conditional use permit is granted for a period of five years. This conditional use permit shall be reviewed by the Planning Director in five years 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 increments of time not to exceed five years. The hours of operation shall be limited to 5:00 A.M. through 12:00 A.M. PC RESO NO. 3137 33 l. 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 4. This approval shall become null and void if building permits are not issued for SOP 91-6, PUD 91-3 within 24 months from the date of the final map recordation of CT 91-6. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June 1991, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PLANNING DIRECTOR PC RESO NO. 3137 Chairperson Holmes, Commissioners: Schlehuber, Schramm, i Savary, Erwin, Noble & Hall. None. None. None. ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION -3- -·--.... 31 l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 PLANNING COMMISSION RESOLUTION NO. 3138 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 7 LOT, 7.6 ACRE NEIGHBORHOOD RETAIL CENTER ON PROPER1Y GENERALLY LOCATED AT THE SOUTHEAST CORNER OF RANCHO SANTA FE ROAD AND CAMINO DE LOS COCHES. CASE NAME: TIENDA DE LA ESQUINA CASE NO: PUD 91-3 WHEREAS, a verified application for cenain propeny to wit: Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, September 25, 1985 as file/page no. 85-355261 of official records. 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, the Planning Commission did, on the 5th day of June, 1991, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 the Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 22 A) 23 B) 24 That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES PUD 91-3, based on the following findings and subject to the following conditions: 25 26 27 28 1 2 :3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 191 20 21 22 2:3 24 25 26 27 28 Findings: 1. 2. 3. 4. s. The project is consistent with all City public facility policies and ordinances since: a. School fees will be paid to ensure the availabiliry of school facilities in the San Dieguito High School and Encinitas Unified School Districts. b. Park-in-lieu fees are required as a condition of approval. c. All necessary public improvements have been provided or will be required as conditions of approval. d. 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 consistent with the City's Non-Residential Planned Development Ordinance. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on May 2, 1991, and approved by the Planning Commission on June 5, 1991. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 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. 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 11. Conditions: 1. All Conditions of Planning Com.mission Resolution Nos. 3135, 3136 and 3137 are applicable to this approval and incorporated herein through this reference. PC RESO NO. 3138 -2- l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2. Approval of PUD 91-3 is subject to the approval of CT 91-6, SOP 91-6, CUP 91-4. 3. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of the final map recordation of CT 91-6. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary, Erwin, Noble & Hall. NOES: None. ABSENT: None. ABSTAIN: None. /~ A i ) ,,,,,,, • 1 I . . . D : I ,.., ,\ ! .-\ /' • \~v~ ~OllERTHOlJ.1Es,~on CARLSBAD PLANNING COMMISSION ATTEST: ~: ~NAQ~¥ MICHAEL J. Hoi:MIL 19 PLANNING DIRECTOR 20 21 22 23 24 25 26 27 PC RESO NO. 3138 -3- 28 37