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HomeMy WebLinkAbout1986-11-18; City Council; Resolution 88801 i 7 4 F % E 7 E s 1c 11 12 t ia 0 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL USE PERMIT CUP-296 TO CONSTRUCT A TEMPORARY BOYS AND GIRLS CLUB ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL, APPROXIMATELY 1000 FEET SOUTH OF CAMINO VIDA ROBLE. APPLICANT: BOYS AND GIRLS CLUB OF CARLSBAD CASE NO. : CUP - 296 WHEREAS, a verified application for a conditional use permit for certain property to wit: North West portion of Parcel 3 as shown on map filed at page 11188 in Book of Parcel Maps on December 20, 1972 in the County of San Diego, State of California 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 17th day of September, 1986 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, the Planning Commission did on September 17, 1986 after said public hearing, deny the request for a conditional use permit; and WHEREAS, the Planning Director has recommended a conditional negative declaration on November 8, 1986 which is approved by this resolution in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and the California Environmental Quality Act; and WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council; and t 0 1€ WHEREAS, on October 28, 1986 the City Council of the City of Carlsbad held a duly noticed public hearing as prescribed by law to consider said appeal and at said hearing after consideration of all the evidence, testimony, argument of those persons present and desiring to be heard the City Council determined to grant the appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the foregoing recitations are true and correct. B. That the negative declaration dated November 8, 1986 is approved for this project. C. That the appeal of the Planning Commission denial o a conditional use permit for a boys and girls club facility CUP- 296 is granted and the conditional use permit is approved based on the findings and subject to the satisfaction of and compliant' with the conditions of approval contained in Exhibit A attached hereto and made a part hereof. D. That the Engineering Standards Variance dated ... ... ... 0.. ... ... ... ... 19 2c 21 22 23 24 25 26 27 28 -2- 3 November 12, 1986 is approved. PASSED, APPROVED AND ADOPTED at a regular meeting of City Council of the City of Carlsbad, California, held on the the 18th day of November 1986 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: Council Member Ca CLAUDE A. LEWIS, Mayor Pro-Tem ATTEST : ALETHA L. -€?A -3- d 0 HIBIT "A" IO, 1986 Findings and Conditions of Approval for CUP-296 - BOYS & GIRLS CLUB OF CARLSBAD 1) The site as modified by the conditions of approval is suitable for a Boys & Girls Club. 2) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. 3) The proposed project is compatible with the surrounding future residential land uses as designated on the General Plan because of the conditions added to this approval. 4) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on November 8, 1986, and approved by the City Council on November 18, 1986. 5) As a non-profit entity the Boys and Girls Club is exempt from payment of a public facility fee and is exempt from Chapter 21.90 of the Carlsbad Municipal Code. 6) Although only temporary, the Boys & Girls Club provides a desirable service to the Carlsbad Community. The Boys & Girls Club allows children to participate in lower-cost, semi-supervised recreational activities. 7) The 1.5 acre site is of sufficient size and shape to accommodate up to 30 children plus the Boys & Girls Club staff. 8) The Boys & Girls Club has been sufficiently conditioned to assure it is compatible with existing and short term future uses. 9) El Camino Real is of sufficient capacity to accommodate the small increase in traffic generated by the Boys & Girls Club. Conditions: 1) Approval is granted for CUP-296, as shown on Exhibit "A", dated August 12, 1986, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This approval shall become null and void if applicable building permits are not issued for this project or the facility is not operating within one year from the date of project approval. 3) CUP-296 is exclusively approved as a temporary use. Two months prior to the vacation or expiration of the use, the applicant shall provide a written notice to the Planning Director. CUP-296 shall expire on December 1, 1989. 4) As determined by the Planning Director, all applicable site and off-site improvements shall be removed by the applicant one month prior to the vacation or expiration of CUP-296. 5) The applicant shall be responsible for assuring that children leaving the site do so only in a designated Boys & Girls Club van or in a motor vehicle. The applicant shall not allow children to loiter unsupervised outside of the fenced-in play area, or to walk to and from the site. 6) The applicant shall be responsible for notifying in writing all parents and/or guardians of children to be enrolled in the Boys & Girls Club that: a) Children shall only be delivered to the site by a motor vehicle or a designated Boys & Girls Club van, b) All vehicles entering the site shall do so from northbound El Camino Real, c) All vehicles exiting the site shall do so by making a right turn onto northbound El Camino Real, d) The site is located approximately 100 feet south of a "flight activity zone" for Palomar Airport and as such is subject to over flights by low flying aircraft. 7) The applicant shall install and maintain two signs less than 10 square feet each in size that read as follows: "Caution: Children Present Temporary Boys & Girls Club". One sign shall face northbound traffic, and the other southbound traffic on El Camino Real. The exact location of the signs shall be determined by the City Traffic Engineer and the Planning Director to assure conformance to sightline distance standards along El Camino Real and for conformance to the City's Zoning Ordinance. These two signs shall be the only road oriented signage allowed on the site. 8) The site shall be maintained in a healthy and clean condition, free from weeds, trash and debris. -2- 9) Any violations of the conditions of approval for this project or any citizens complaints regarding the operation of this facility may permit a review of this conditional use permit by the Planning Commission at the request of the Planning Director. At such time the Planning Commission may require additional conditions to be placed on this conditional use permit or the Planning Commission may revise this conditional use permit entirely. Engineering: A landscape plan for the site shall be submitted to the Planning Director for approval prior to occupancy of the facility. 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 capacity is available at the time of application for such permits and will continue to be available until time of occupancy. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "regular grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. The developer shall submit a grading plan for approval which shall include all required drainage structures and any re- quired erosion control measures, The developer shall also submit soils, geologic or compaction reports if required and shall comply with all provisions of Chapter 11.06 of the Carlsbad Municipal Code. No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. -3- 8 17) The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. 18) Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. 19) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of any grading or building permit for this project. 20) The developer shall obtain the City Engineer's approval of the project improvement plans and enter into a secured agreement with the City for completion of said improvements prior to issuance of any building permit within this project. The improvements shall be constructed and accepted for maintenance by the City Council prior to issuance of a Certificate of Occupancy for any unit within the project. The improvements are: a) Improvements along El Camino Real shall include a deceleration lane and an acceleration lane subject to the approval of the City Engineer, including an asphalt berm and additional pavement and a revised striping plan. b) The existing median on El Camino Real shall be extended to the southerly boundary of the project with an A. C. Berm and Class I11 material inside the median, subject to the satisfaction of the City Engineer. Appropriate signing shall be placed on the median to indicate "NO U TURN" for southbound traffic and "RIGHT TURN ONLY" for traffic exiting the project. The existing signs at the end of the median shall be relocated to the new terminus of the median. -4- c) The internal access and circulation system shall be designed to the satisfaction of the City Engineer. Access from the playfield to the parking lot shaall be fenced for safety. 21) Drainage from this site shall be designed so as not to erode the adjacent canyons and not to flow onto El Camino Real. Prior to issuance of building permits, a drainage plan shall be approved by the City Engineer. 22) Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan. 23) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 24) All plans, specifications, and supporting documents for the improvements of this project shall be signed and sealed by the Engineer in responsible charge of the work. Each sheet shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally the first sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. -5- . I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a review only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address: City, St.: Telephone: BY (Name of Engineer) Date: R.C.E. NO. # 25) This use is approved specifically as a temporary facility. Upon the discontinuance of this use, the site shall be dismantled and reverted back to its natural state. LBS:bn -6- 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLA N NlNG D EPA R TM EN T aitp of Carls'bab (619) 438-1161 NEGATIVE DECLAUTION PROJECT ADDRESS/LOCATION: An approximately 1.5 acre site on the east side of El Camino Real, approximately 1,000 feet south of the intersection of El Camino Real and Camino Vida Roble. PROJECT DESCRIPTION: square foot grassed field, a 900 square foot play equipment area, and 1,440 square feet of adminstration and classroom space in a portable building. A temporary Boys & Girls Club with a 20,000 The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Planning Department. As a result of said Justification for this action is on file in the A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA., 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance . DATED: November 8, 1986 CASE NO: CUP-296 1 Planning Director APPLICANT: Boys & Girls Club of Carlsbad PUBLISH DATE: November 8, 1986 ND4 11/85