HomeMy WebLinkAbout1998-03-04; Planning Commission; ; CT 91-06X2 - TIENDA DE LA ESQUINAThe City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
Item No. (2
P.C. AGENDA OF: March 4,1998
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 corner of Rancho
Santa Fe Road and Camino De Los Coches in Local Facilities Management Zone
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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
This item was discussed by the Planning Commission at the regularly scheduled meeting of
February 11, 1998 and was continued until the April 1, 1998 meeting in order for staff to develop
conditions requested by the Planning Commission for consideration.
Two of the requested conditions required additional investigation prior to providing a staff
recommendation. They included a discussion of prohibiting the sale of alcoholic beverages from
the gas station and ownership and status of the open space lot adjacent to the project.
The City Attorney's office has advised staff that the sale of alcohol from the gas station requires
approval of a Conditional Use Permit (CUP). The existing permit does not include a provision
for the sale of alcohol, therefore the applicant must either amend this application or submit a new
application for a CUP. Amendment of this application will require that the appropriate
applications and fees be submitted and processed by staff for a recommendation to the Planning
Commission.
The open space lot adjacent to the site is owned by Bank of America. No open space easement
has been dedicated. The Open Space and Conservation Resource Management Plan identifies
Trail Segment 54 of the citywide trail system within the lot. Since there is no open space
easement to the City over the lot, and because the public sidewalk access along Rancho Santa Fe
Road will not be obstructed or removed by the project, there may not be a nexus between the
development of this project and the requirement for the construction of a trail. The trail may
ultimately be a requirement of the La Costa Southeast development. Staff does not recommend
that the trail be a condition of approval for the project.
CT 91-06x2 - TIENDA DL i.A ESQUINA
March 4, 1998
Page 2
Based on discussions at previous hearings for this item, staff is offering the following potential
amendments to the resolutions of approval:
Condition No. 3 of Resolution No. 3137 should be amended to limit operation to the hours of
5:00 a. m. to 10:00 p.m.
Condition No. 31 of Resolution No. 3135 should be amended to require approval of a uniform
sign program by the Planning Commission versus the Planning Director.
Concerning a safety program, the following new condition could be added:
A safety program shall be developed and approved by the Carlsbad Police Department prior to
building occupancy.
The Planning Commission's concern regarding onsite lighting has been addressed in condition
No. 16 of Resolution No. 3135.
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. 3135 (CT 91 -06)
4. Planning Commission Resolution No. 3136 (SDP 91-06)
5. Planning Commission Resolution No. 3137 (CUP 91 -04)
6. Planning Commission Resolution No. 3138 (PUD 91-03)
CW:nm
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me City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. 1 0
Application complete date: June 6, 1997
P.C. AGENDA OF: January 21,1998 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 corner of Ranch0
Santa Fe Road and Camino De Los Caches 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 corner of Ranch0 Santa Fe Road and Camino De
Los Caches 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. 3 135, 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 Al3 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.
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CT 91-06x2 TIENDA Dc LA ESQUINA
January 21,1998
Page 2
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, SDP 91-06 and PUD 91-03, until
June 5,1998.
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 9 l-06, which are contained in Planning Commission
Resolution No. 3 135 still apply to this project (CT 91-06x2).
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. 42 17
2. Location Map
3 Planning Commission Resolution No. 3535 dated August 18, 1993
4. Planning Commission Resolution No. 3 13 5 dated June 5, 199 1
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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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
3arlsbad Planning Commission of the City of Carlsbad, California,
leld on August
AYES:
NOES:
ABSENT:
ABSTAIN:
18, 1993, by the following vote, to wit:
Chairperson Noble: Commissioners: Schlehuber, Betz, Welshons, Savary, Erwin & Hall.
None.
None.
None.
BAILEY-NO&B, Chairperson- .-! CARLSBAD PLANNING COMMISSION
iTTEST:
IICHAEL J. HOMILLEW ?lanning Director
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PLANNING CCN+IMSSION RESOLUTION NO. 3135
A RESOLUTION OF THE PLANNING COMMISSION OF -I-HE crry OF
CARLSBAD, CALIFORNIA, APPROVING A 7 LOT TENTATIVE MAP ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
RANCH0 SANTA FE ROAD AND CAMINO DE LOS COCHES.
CASE NAME: TIENDA DE LA ESQUINA
CASE NO: CT 91-6
WHEk, a verified application for certain property 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 Carisbad 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 rf HEREBY RESOLVED by the Planning Commission as
follows:
A) That the above recitations are true and correct.
B) 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: . . . .
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Findings:
1. 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.
3. The proposed project is consistent with the City’s Non-Residential Planned
Development Ordinance.
4. 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.
5. 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 Ch&ter 21.90 of the Carl&ad Municipal Code. 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 Ciry’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. Thepxu+tprovid~aniwease inandqualityupgradeofopen~wbichis
contiguoustoopmspace~cmtbeopenspacenetworkmapdatefiAugust 9, 1989.
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8. The project will not preclude any future opportunities for trails linking larger open
Spaces as part of a Citywide trails program
9. The project applicant has volunteered to fund a minimum of 50% of the cost of a
trafficsignalat~odeLas~andCalle~~t~shouldsuchasignalbe
warranted by this project in conjunction with other development in the area.
coriditions:
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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 Department.
Development shall occur substantially as shown unless otherwise noted in these conditions.
The developer shall provide the City with a reproducible 24” x 36, mylar copy of
the 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. Said 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 permits 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 adbpted 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 Carl&ad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fullill the subdivider% 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 hal .map as required by Chapter 20.44 of the Carl&ad Municipal Code.
The applicant shall provide school fets 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 of building permit application.
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Water shall be provided by the Olivenhain Municipal Water District.
This project shall comply with all conditions and mitigation required by I
the Zone 11 Local Facilities Management Plan approved by the City Council on :
January 20,1988, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits.
10. If any condition for consnuction of any public improvements or facilities, or the
payment Gf 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, SDP 91-6 and
CUP 914.
13. The applicant shall establish a property owner% association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to Enal 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 colon and/or materials to the project to the satisfaction of the Planning Director.
15. @l roof appurtenances, including air conditioners, shall be architecturally
integrated and concealed from view and the sound buffered from adjacent
properties and streets, in substance as provided in Building Department 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. AU 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. ASlparkinglottreesshallbea minimum of 15 gallons in size.
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All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of N-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. 1
All landscape plans shall be prepared to conform with the Landscape Guidelines I Manual ahd submitted per the landscape plan check procedures on file in the i Planning Department. /
Landscape plans shall be designed to minimize water use. Lawn and other I Zone 1 plants (see Landscape Guidelines Manual) ‘shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation.
Prior to Enal occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director cert@ing 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 irrigation plans submitted shall include building plans, improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements.
All parking lot trees shall%e canopy trees.
shrub6willaplanted~thefollowiDg-~ 2!5%-egallon,
70%~5gallo&S%-1sgalloIL Allscree!n type planlingwiu be planted hmfive-
gallon-.
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 tbt isisuawof~pamits. The
SigJl pmglaln shall ad&css locati~ size# mataials, coloK ad method of
instaUationforaUsigns. Sipagewillbepmhiitedonbuildings3&4fkingthe
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adjacent open space corridor. Signs shall be oriented toward the interior of the
project.
Building identification and/or addresses shall be placed on all new and existing 1
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. I 1 I
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, freh from advertising, 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 part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24” x 36”
blueline drawing. Said blueiine 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.
AUretainingwalts~~adecorativlcfaee~~isconsistentwiththeprojea
architecture. The material shall be reviewed and approved by the Planning
Director prior to the -0fgradingpexmits.
. EMIn- conditions:
37. Unless a standard varian& has been issued, no variance from City Standards is
authorized by virtue of approval of this Tentative Map/Site Plan.
38. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
39. The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV 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
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among the owners of the units within the subdivision. Adequate provision ior
such maintenance shall be included with the CC&R’s subject to the approval of the
City Engineer.
All concrete terrace drams 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.
Approval of this tentative tract map shall expire twenty-four (24) months from the date of Planning Commission approval unless a tinal 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. In 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.
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 forthcoming
Master Drainage Plan Update.
The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this project.
The applicant shall agree to utilize reclaimed water, in Type I 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.
Pretreatment of the sanitary sewer discharge from this project may be required.
In addition to the requirements for a sewer connection permit the developer shall conform to the requirem&ts 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 requirementshave been met, all applicable fees paid and permit issued.
No grading permits shall be issued for this subdivision prior to recordation of the final map.
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
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a grading permit and complete the grading work in substantial ‘conformance krh
the approved grading plans.
The developer shall obtain a grading permit prior to the commencement of any
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 the affected properties. 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 ourside : 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 dirt or consnuction materials to any proposed construction site 1 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 1 conditions and requirements the City Engineer may impose with regards to the 1 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 petmit
or Gnal 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 sttuctures 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 cert%cate 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
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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 written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carisbad Street Lighting and I Landscaping District No. 1. The form shall be provided by the City during the 1 improvement plancheck process. I
Runoff from this project is conveyed to environmentally sensitive areas. The 1 subdivider shall provide adequate means of eliminating grease and oils from
drainage prior to discharge. Plans for such improvements shall be approved by the 1 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 oniy” entrance and deceleration lane along
Ranch0 Santa Fe Road.
B. Construction of the main entrance on Camino de 10s Caches.
C. Thedesignand construction of a trafEc signal at the main entrance at the
intersection of Camino de bs Cocks and Calle Tbiteo. Signal is to be
installed by the developer as dirtxted by the City Engineer. The developer
shallpayapercentageofatleastW%oftheco6tofthesignalbasedon
demand.
A note to this effect shall be placed on an additional map sheet on the final map
per the provisions of Sec&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 District Standards, plancheck and inspection fees paid and improvement security shall be posted with the Water District.
PC RESO NO. 3135
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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 points to minimize street excavation. I
An additional 12 feet of public right of way shall be dedicated along a portion of
Ranch0 Santa Fe Road for a decelaation he as shown on the tentative map/site
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plan. The offer shall be made by a certificate cm the 6nal map for this project for /
the portion along the project frontage and by a separate hrument for the portion !
off-site on the adjacent property to the south. All land so offawl shall be granted (
totheCityfltwUldclearofallliensand enculllblan~ and without cost to the
city.
Access rights along the project frontage on Ranch Santa Fe Road were
relinquished per Parcel Map No. 13970 (MS 671). The project proposes access
from Ran&o Santa Fe Road for a “right-in ox@+’ driveway. Therefore, the
developer &all pay for and submit an application far the quitclahing back of a
portion of the access righti of Ranch0 Santa Fe Road for this driveway. Prior to
final map approval the issue of quitchiming back of this portion of the access
rights is to be heard and decided by the City CounciL Should Council not approve
the quitclaim, then the pt‘oject cannot be dewiloped unless the project is redesigned
and the tentative map/site plan is amended back through the Planning
Commission.
A method for removing urban pohants from the drainage on-site shall be
ProposedandapprovedbytbeCity~p~~to~issuanceofagtadingor
buildingpeImit.
This project propow the hwtxuction of aii into the existhg slopes adjacent
toRanchoSantaFeRoadamdCaminodelasCoches. Tkeslopeswere
constnrctedwithbu~fillsandthimpaaofthproposedcn’bwalltobe
constructedinto~slopesneedstokevaluatd Tkefofqatthetimeof
subminalofthgradingplansfarthprojea,thdevlelopersballsubmitarcport
komasoils ellghemevaluatingtheProposedaii~oninrothedopes.
~f~soilsrcportwould~tbatcn’bwallswac~abletobeconstluctedinto
theseslopestheutheprojectcannotbe ccmsuwted unless the project is redesigned
and the tentatiw map/site plan is amended back through the Phming
COmHliS!dO&
PC PESO NO. 3135 -lO-
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Custom Conditions:
69. lrot7shallbeownedw~rommoon”bythrownasofthe6otherlotsnotbythe ~
Property Owners Association. The applicant shall provide an acceptable means I
for maintaining this common area lot and to distriite the cost of such
maintenance in an equitable manner among the owners of the subdivii01~ ( 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 Irrevcxable offer of dedication to the City of Carl&ad for an open space easement over the major slope5 adjacent to the southerly property
line of Lot 7. This shall include the urban pollutant basin and shall also include
the~ttriangularareabetween~serviceparkingareaofbuilding3,thesouth
facing major slope and Camino de las Co&es. The hevocable offer of dedication
for the open space easement shall be made by a certikate on the 6nal map for the
project. The hevocable offer of de&cation shall also be delineated on the
tentative map.
71. The applicant shall make adequate provisions for the perpetual maintenance of the
hvocably off&red open space easement and to distribute the cost of such
maintenance in an equitable maIlneramongthe- of the subdivisi0~ These
provisions are to be included within the CC&R’s subject to the approval of the City
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72. Con-t with final map appmva& the owner shall record a covenant to enter
into a reciprocal access and parking agxWkentoverthedIivewayandparking
areasofLotlalldLot7.
Fire Conditions:
73. Prior to the issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department. .
74. Additional public and/or* on-site fire hydrants shall be provided if deemed
necessary by the Fire Marshal.’
75. 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 Engker prior to issuance of building permits.
76. An all-weather access road shall be maintained throughout construction.
77. All required fire hydrants, water mains and appurtenances shall be operational
prior to combustible. building materials begin located on the project site.
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Fire retardant roofs shall be required on all stmctures.
Brush clearance shall be maintained according to the specifications contained in
the City of Carlsbad Landscdpe 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 Depanment for approval prior to consuuction.
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 pennit.
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 z
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:
w 400’ scale (1:4800)
w Photo reduction on mylar
m At least wo existing streets and/or intersections shall be referenced on the
map (not a separate vicinity map)
n Maps shall include at least the following information: .
+ Street CenterliLs + Street Names * Fire hydrant locations
The applicant shall agree to pay a fee established to cover the cost of updating Fire
Department response maps.
PC RESO NO. 3135 -12-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
2 II ,; Commission of the City of Carlsbad, California, held on the 5th day of June, 1991, by the
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary, ’
- Erwin, Noble & Hall.
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NOES: None. I
ABSENT: None. i -- -
ABSTAIN: None.
.’ ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISStON
l3 I ATTEST:
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MICHAEL J. H&M&&R .
PLANNING DIRECI’OR
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PLANNING COMMISSION RESOLUTION NO. 3136
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNLA, APPROVING A SITE DEVELOPMENT PLAN FOR
A 7.6 ACRE NEIGHBORHOOD RETAIL CENTER ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF RANCH0 SANTA FE ROAD
AND CAMINO DE LOS COCHES.
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CASE NAME: TIENDA DE LA ESQUINA
CASE NO: SDP 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 5th 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. 85355261 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 SDP 91-6.
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 91-6, based on the following findings and subject to the
following conditions:
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Findinns:
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The site is physically suitable for the type of development.
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.
C.
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.
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 &is body to find that public facilities will be
available concurrent with need as required by the General Plan.
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 5,199l. In approving this Negative
Declaration the Planning Commission has considered the initial study, the stti
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.
The project provides an increase in the quality upgrade of open space
which is contiguous to Open Space shown on the Open Space network map
dated August 9,1989.
The project will not preclude any hm opportunities for trails linking larger Open
Space as part of a Citywide trails program.
PC PESO NO. 3136 -2-
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coIldilions:
1. All conditions of Planning Commission Resolution Nos. 3135, 3137 and 3138 qe
applicable to this approval and incorporated herein through this reference.
2. Approval of SDP 91-6 is granted subject to the approval of CT 91-6, PUD 91-3, and
CUP 914.
3. Tbis approval shall become null and void if !inaI map is not recorded within 24
months horn the date of Approval. An additional maximum 24 months shall be
granted from the date of final map recordation (CI’ 914) for building permit
issuance, not to exceed a total of 48,months horn the date of project approval.
Special Conditions:
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Restaurant uses shall be restricted to no more than 15% of the total buiIding area
onsite. A note decking this shall be included on the site plan and a continuous
tabulation of restaurant square footage used and available shall be submitted to the
Phning Jkpartment 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 decking this
sball be included on the site plan. Changes to any other professional use shall be
subject to the review and approval of the Pianning Director.
Any subsequent changes to these use restrictions will require review and approval
of the Planning commi5sion
A notice of special conditions 4,s and 6 to the satisfaction of the Planning Director
and City Attomey shall be recorded with the deed infomhg fhure and esisting
property ownexs of the use restrictions on Tienda de Xa E3quina.
PC FESO NO. 3136 -3-
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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, Nobie & Hall.
NOES: None.
ABSENT: None.
ABSTAIN:
.” ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 3136 4-
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PLANNING COMMISSION RESOLUTION NO. 3137
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR
A GAS STATION WITHIN A 7.6 ACRE NEIGHBORHOOD RETAIL CENTER
ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF
RANCH0 SANT’A FE ROAD AND CAMINO DE LOS COCHES.
CASE NAME: TIENDA DE LA ESQUINA
CASE NO: CUP 914
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WHEREAS, a verified application has been fled with the City of Carisbad and
referred to the Pianning 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 on property described as:
Parcel 1 of Map Number 13970, in the City of Carlsbad, County of San
Diego, Stare 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 914.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carisbad 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 CUP 914, based on the following findings and subject to the following
conditions:
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Findinns:
1.
2.
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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 e.xisting 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 e.xisting or permitted future uses in the neighborhood
will be provided and maintained.
That the street system serving the proposed use with the inchrsion of a
deceleration lane on Ranch0 Santa Fe Road is adequate to properly handle all
traffic generated by the proposed use.
That the use is properly buff&d 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. AU conditions of Planning Commission Resoiution Nos. 3135, 3136, and 3138 are
applicable to this approval and incorporated herein by reference.
2. 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 pubiic 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.
3. The hours of operation shall be limited to S:OO AM. through 12:OO A.M.
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4. .i This approval shall become null and void if building pen-nits are not /
issued for SDP 91-6, PUD 91-3 within 24 months from the date of the final map j recordation of m 91-6.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 5 th day of June 1991, by the i
following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Holmes, Commissioners: Schlehuber, Schramm,
Savary, Erwin, Noble & Hall.
None.
None.
ABSTAIN: None. -.- -_ !
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING CtiMMISSION
ATTEST:
PLANNING DIREnOR
PC RESO NO. 3137 -3-
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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 PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF RANCH0 SANTA FE ROAD
AND CAMINO DE LOS COCHES.
CASE NAME: TIENDA DE LA ESQUINA
CASE NO: PUD 91-3 -
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WHEREAS, a verified application for certain property to wit:
Parcel 1 of Map Number 13970, in the City of Carisbad, 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 Carisbad 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:
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Al That the above recitations are true and correct. I I I
B) 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
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conditions: I
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Findings:
1. The project is consistent with alI 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 condition& 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.
2.
3.
4.
5.
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 C&bad 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 Pianning Commission Resolution Nos. 3135,3136 and 3137 are
applicable to this approval and incorporated herein through this reference.
PC RESO NO. 3138 -2-
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Approval of PUD 91-3 is subject to the approval of CT 91-6, SDP 91-6, CUP 914.
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 i
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Commission of the City of Carlsbad, California, held on the Sth day of June, 1991, by the 1
following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schrarnrn, Savary,
Erwin, Noble 8~ Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
OBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
Al-EST: I
MICHAEL J. HOLxMILLkk
PLANNING DIRECTOR
RESO NO. 3138 -3-