HomeMy WebLinkAbout1978-07-12; Planning Commission; Resolution 1452I ,)r 0 .. . .
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PLANNING ~~SSION RESOLUTION NO. 1452
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF WSBAD, CALIFORNIA, APPlWVING A CONDITIONAL
USE PERMIT ON PIIOPEFSY GENERAL;LY IGCATED ON THE EAST SIDE OF YARROW DRIVE BETWEEN PaT;oMAR AIRF€)KI'
ROAD AND CAMIN0 VIIlA RQBIE.
CASE NO. CUP-153
APPLICANT : Iockheed Marine Laboratory
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8 // -, a verified application for certain property to wit:
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Lot 11 of Carlsbad Tract No. 73-49 - C. C. & F.
Palamar Airport Business Park - Unit No. 1, in
the City of Carlsbad, in the County of San
Diego, State of California, according to map
thereof No. 8054, filed in the office of the
Cony Recorder of San Diego County, k&r 31, 1974.
has been filed with the City of Carlsbad and referred to the Planning
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17 and
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21 following facts and reasons to exist:
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23 comity, is essentially in harmmy with the various elements and objective
24 of the general plan, and is not detrimental to existing uses or to uses
25 specifically permitted in the zone in which the proposed use is to be locate
Cormission; and
WHEREAS, the Planning Conmission did on the 28th day of June, 1978, ho.
a duly noticed public hearing as prescribed by law to consider said request
WHEREAS, at said public hearing, upon hearing and considering the
testimny and arguments, if any, of all persons who desired to be heard, sa:
Conmission considered all factors relating to the CUP-153 and found the
1. That the requested use is desirable for the developmt of the
26 /l-use:
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a. The proposed facility is to be used for industrial use is an
area designed for industrial. I1 -1- !I
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a. The site is 3.29 acres in size. It is now partially occupit 4
to accamdate the use because: 3
2. That the site for the intended use is adequate in size and shape 2
b. The current zoning of the site allows for the proposed use.
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or is vacant. There is adequate room to accomdate three 10 I x 55 I traile ' by a building of slightly over one acre. The remainder is developed with ]
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8 3. That a11 of the yards, setbacks, walls, fences, landscaping, and
9 features necessary to adjust the requested use to existing or permitted fut
lo uses in the neighborhood are provided and are thus maintained;
Is /I a. The proposed use is temporary and will not have a permanent
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effect on the existing and future uses of the neighborhmd.
4. That the street system serving the proposed use is adequate to
l4 11 properly handle all traffic generated by the proposed use.
15 11 a. The street system for Palomr Airport Business park was
l6 iidesigned to handle all projected traffic loads of the park and the mads
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serving the subject trailers have been developed to these standards. ' NW, THEREFORE, BE IT HEIiEBY RESOLVED by the Planning carranission of tl l9 I
2o /I City of Carlsbad as follows:
21 1124. That the above recitations are true and correct.
22 11 B. That in view of the findings heretofore mde and considering the
23 11 applicable law, the decision of the Planning Cmmission is to approve
24 CUP-153, subject to the following conditions:
25 1. Approval is granted for the land described. in the application and
" with the attachments thereto, and as shown as the plot plan suhnitted, labe
27 /I Exhibit A and dated June 28, 1978. lmation of the subject trailers shall :
28 I/ substantially as shown on the plot plan. 11 -2-
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1 2. The three trailers shall be raved within four (4) mnths of th
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searing additional sewer capacity to the satisfaction of the City Ehginee
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up to a maximum of one (1) year from the date of approval upon the applica 5 occurs first. Extensions of this CUP my be granted by the Planning cormci
4 the campletion of building No. 10 of Palonax Airprt Business Park, whiche
3 approval date of this Conditional Use Permit, or within thirty (30) days f
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4. The following shall be accomplished within seven days from the 10
3. The trailers shall not be used for purposes other than lloffices"
8 stated in tk application.
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approval of this CUP to satisfaction of the Fire Marshall:
b. Each trailer shall have installed a fire extinguisher (minin 14 the trailer to prevent accumulation of combustible storage, weeds, trash.
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a. The installation of non-combustible aprons around the bottor
l5 a, lox).
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department access.
Carlsbad Planning Conmission held on July 12, 1978 by the following vote, t
2o PASSED, APPI~OVED AND mm at a regular meting of the city of
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c. Parking to be limited to one side of the driveway for fire
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AYES:
NOES : None
ABSTAIN: None
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Commissione
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JLAIllDIi fi
. ORDINANCE NO D 9 560
2, AN ORDINANCE OF THE CITY COUNCIL OF THE
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LAXD AND FEES. 5
ING TO THE PROVISION OF .INTERIM SCHOOL 4
TITLE 21 OF THE CARLSBAD MUNICIPAL CODE CITY OF CARLSBAD, CALIFORNIA, AMENDING
BY THE ADDIT1071 OF CHAPTER 21.55 RELAT-
FACILITIES BY REQUIRING DEDICATIONS OF
.6 . The City Council of the City of Carlsbad, California, do
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is amended by the addition of Chapter 21.55 to read as folloh 9
SECTION 1: That Title 21 of the Carlsbad Municipal Code 8
ordain as follows:
10 mChapter 21.55
3-2 ... DEDICATION OF LAND AND FEES FOR SCHOOL FACILITIES
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21.55.030 Purpose and intent. do5 14
21.55.010 Title.
gozs 21.55.040 Regulations.
u:. 5< 21;55.O60 General plan.
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E iT 18 '21.55.110 Restriction on.approva1 of residential
-a ty 0 5s o)
21.55.090 School district findings, $E g 11
21.55.050 Findings. .$q u 25
21.55.020 Authority - confli'ct. ..,
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wo bgsti 16 21.55.070 Definitions.
21-55.080 Notice to school districts,
.o 21,55.100 Requirements of notice of findings,
developments - City Council findings.
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21.55,140 Standards for land dedication and feesr .20
21*55.120 Requirement of fees and/or dedications.
21.55.180 School district schedule, 22
21.55.160 Notification to school districts. 21
21.55.130 Payment of fees in smaller subdivisions. .
21.55.150 Filing application for residential developn
21.55.170 Decision factors.
. 21.55.190 Land dedication.. 23
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21.55.200 Fee payment.
21.55.210 Fees held in trust. 21.55.220 Use of land and fees, 21.55.230 Refunds. 21.55.240 Agreement for fee distribution.
21.55.250 Fee fund records and reports.
21.55*260 Termination of dedication and fee requiremc 21.55.270 Operative da.te.
21.55.010 Title. This chapter shall be known as the "School Facilities Dedication and Fee Ordinancc"e .
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21.55.020 Authority*nflict ;This &+&re isadopted pursuar:
the provisions of Chapter 4.7 (Commencing with Section 65970
of Division.1 of Title 7 of the California Government Code,
the case of any conflict between the provisions of this chay: and those of Chapte'r 4.7, the latter shall prevail.
21.55.030 Purpose and intent. This chapter is intende implement the school facilities dedication and fees Eegislat
in the City of Carlsbad and to provide authority whereby the affected school districts, and applicants for land developme approvals may undertake such reasonable. steps as the City Cc determines to be necessary to alleviateovercrowdingof schoc facilities e
21.55.040 Regulations. The City Council may from tin time, by resolution, issue regulations to establish procedur interpretatiorsand policy directions for the administration
this chapter.
21:-55.050 Findings. The City Council of the City of Carlsbad finds and declares as follows: (a) Adequate school facilities should be available for children residing in new
residential developments,
require the expansion of existing public schools or the cons tion of new school facilities. .
(c) In many areas of the City, the funds for the cons tion of new classroom facilities are not avaifable.when new
development occurs, resulting in the. overcrowding of existir
(d) New housing developments frequently cause conditj of overcrowding in existing school facilities which cannot L alleviated under existing law within a reasonable period of
(e) That, for these reasons, new and improved methods of financing for interim school facilities necessitated by r development are needed in the'City of Carlsbad;
(b) Public .and private residential developments. may
Schools .-
21-55.060 General Elan. The General glan of thk Citl Carlsbad provides for the location of public schools, Those
interim school facilities to be constructed from fees paid c those lands to be dedicated for school facilities as require
this chapter shall be consistent with the General P.lan of tf City of Carlsbad,
21.55.070 Definitions, Whenever the following words
used in this chapter, unless otherwise defined, they shall 1 the meaning ascribed to them in this section: (a) "Conditj of overcrowding" means that the total enrollment of a school
including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body the district.
(b) "Decision-making body" means the City Council, PI Commission or City Engineer..
(c) "Dwelling unit" means. a building or a portion the] or a mobilehome, designed for residential occupation by one
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~ or a group of two or more persons living together as a domes
~ unit.
crowding" shall include, but not be limited to, the followin (1) Agreements between -a subdivider and the affe
school district whereby temporary-use buildi will be leased to the school district;
(2) The use of temporary-use buildings owned by school district;
(3) The use of temporary portable classrooms, st1 bussing, classroom double sessions, year-roul
Of school facilities, school boundary realig~ and elimination of low priority school facil:
uses ;
(4) The use of available annual tax rate bond rei ..or state loan revenues, to the extent author: by law;
(5) The use of ,'funds which could be available frc sales of surplus school district real proper. and funds available from any other sources.
. (a) "Reasonable methods for mitigating conditions of
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i (e) "Residential deve.lopment" means a project containj i residential dwellings, including mobilehomes, of one or more or a subdivision of land for the purpose of constructing one I more residential dwelling units. Residential development in(
I but is not limited to:
1 .. (1) A tentative or final subdivision map or para
I map or a time extension or amendment to such
~ (2) A conditional use permit. . .- ."..
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map .
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B (3) A site development plan. (4) A variance:
(5) A privately proposed specific plan or amendm thereto which would allow an increase in aut1 residentiai density -
(6) A privately proposed amendment to the City GE I. Plan which would allow an increase in authorj
residential density,
use or to a more intense residential use-
(9) Any other discretionary permit for residentia
I (7) * An ordinance rezoning property to a residentj 1
i " . . . (8) A grading permit.
i use
. 21.55.080 Notice to School; Pistricts; "The'City .: ; shall notify all potentially affected school districts of an
application for any residential developments proposed for loc within their boundaries.
21.55.090 School district findings, If the governing
body of the school district which operates an elementary or k school in the City of Carlsbad makes a finding supported by c and convincing evidence that: (6) Conditions of overcrowdin exist in one or more attendance areas within the district whi will impair the normal functioning of educational programs including the reason for such .conditions existing; and
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(b). That all xeasonable methods of mitigating conditic of overcrowding have been evaluated and no feasible method fc reducing such conditions exist, the governing body of the scl
district shall notify the City Council of the City of Carlsb;
The notice of findings sent to the City shall specify the mi. measures. considered by the school district, After the recei]
any notice of findings complying with-this section, the City Council shall determine whether it concurs in such school dir findings, The City Council may schedule and hold a public hl on the matter of its proposed concurrence prior to making it determination- If the City Council concurs in such findings provisions of Section 21,55.110 shall be applicable to actio
taken on residential development by a decision-making body,
. 21.55-100 Requirements of notice of findings. Any no
of findings sent by a school d-istrict to the City Council sh specify : (a) The findings listed in Section 21.55.090,
(b) The mitigation measures and methods, including th listed in Section 21.55.070(d) considered by the school distri
(c) The precise geographic boundaries of the overcxow
(dl Such other information as may. be required by the
. and any determination made concerning them by the district.
attendance area or areas.
Council o
21.55.110 Restriction on approval sf residential deve
ments -- City Council findings, Within the attendance area
it has been deterrrkned pursuant to Section 21.55.0902 that co of overcrowding exist, no decision-making body shall approve
application for a residential development within such area,
such decision-making body makes one of tfie following finding (a) That action will be taken pursuant to this chapte to provide dedications of land and/or fees to mitigate condi
(b) That there are specific overriding fiscal, econor!
social or environmental factors which in the judgment of the decision-making body would benefit the City, thereby justif1
the approval of a residential development otherwise subject the provisions of this chapter. An agreement between the aE for a residential development and the school district to mit
conditions of overcrowding within that attendance area may 1 considered by a decision-making body as such an overriding j
'.21.55,120 Requirement of fees and/or dedications. Fc purpose of establishing an interim method of providing clas: facilities where overcrowding conditions exist as determine( pursuant to Section.21.55.090, the City may require, as a c( to the approval of a residential development, the dedicatiol
land, the payment of -fees in lieu thereof I or a combination both, as determined by a decision-making body during the he;
and other proceedings on specific residential. development a] cations falling within its jurisdiction, Prior to impositic the fees and/or dedications of land, it shall be necessary : decision-making body acting-on the application to make the
following findings: (a) The City General Plan provides for
. of overcrowding, or
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-7 I location of publlc schools, w
(b) The land or fees, or both, transferred to a schoo: district shall be used only for the purpose of providing intt
elementary, junior high or high school classroom and related
facilities. (c) The location and amount of land to be dedicated 0; the amount of fees to be paid, or both, shall bear a reasonal relationship and will be limited to t8e needs of the communi1
for interim elementary, junior high or high school facilitie: and shall be reasonably related and limited to the need for
schools caused by the development.
(d) The facilities to be constructed, purchased, least
or.rented from such fees or the land to be dedicated or both is'consistent with the City General Plan.
21.55.130 Payment of fees in smaller subdivisions- 01 the payment of fees shall be required in subdivisions contail
fifty (50) lots or less.
21.55.140 Standards for land dedication and fees. Thc
standards for the amount of dedicated land or fees to be rem - shall be determined by the City Council and set By resoluti& The governing board of each school district where a determini
has been made pursuant to Section 21,55.090 that conditions ( overcrowding exist; shall-recommend standards for their atte~
areas to the City Council. Such standards and the facts supporting them shall be transmitted to the City Council, I:
the City Council concurs in such recommended standards, they until revised, be used by decision-making bodies in situatiol where. dedications of land and/or fee's are required as's cond: to the approval of a resideptial development. Nothing herei~
shall prevent the City Council from using standards other thi those recommended by the school district in the event the Ci.
Council is unable to concur in those transmitted by the dist:
21 o 55 , 150 Filing applicatio~n~~~folfmdevelopmc At the time of.filing an application for approval of a resix
development located within an attendance area where the find.
. required by Section 21.55.090 have been madep the applicant 1 as part of such filing, indicate whether .it prefers to dedic; land for school facilities, to pay a fee in lieu thereof, or
combination of these. If the applicant prefers to dedicate . it shall suggest the specific land.
21.55.160 Notification to school districts. Upon rea of an application -for a residential developzent within an
attendance area where the findings required by Section 21.55 have been made, the Planning Director shall notify the affec.
school districts thereof, Said notification shall be made nl later than thirty (30) days prior to consideration of the
application by a decision-making. body.-
21.55.170 Decision factors, (a) Upon receipt of the
notification required by Se.ction 21,55,160, the governing bo<
Of the affected school dis.trict shall recommend whether a
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dedication of land within the development, payment of a fee
lieu thereof, or a combination of both, sfiould be required.
sghool district shall then transmit the determination to thc Planning Director for submission to the appropriate decisior
making body for concurrence, If the decision-making body cc in such recommendation, it may, at the'.time of its considerz
of a residential development application, impose such requil In their respective actions regarding this determination, tk
school district and the decision-making body shall consider following factors:
(1) Whether lands offered for dedi'cat'ion will be. consistent with the City General Plan.
-' (2) Whether the lands offered for dedication me€ the criteria established at Education Code
Section 39000, et seq,
(3) The topography, soils, soil stability, drair access, location and general utility oE lanc in the development available for dedication. . (4) Whether the location and amount of lands prc
1 to be dedicated or the amount of fees to be
or both,will bear a reasonable relationship will be limited to the needs of the communit for interim elementary, junior high school, sfenior high school facilities and will be re : ably related and limited to the need for sck caused by the development.
(5) If only a subdivision is proposed, whether i will contain fifty (50) parcels or- less.
Nothing herein shall prevent a decision-making body from imF
requirements other than those..recomended by the school dist in the event that a decision-making body is unable to concux the district's recommendation hereunder,
(b) If the school district has .entered into an agreen with the applicant for the residential development to mitiga
.conditions of overcrowding within the attendance area.covere by the application, the governing board shall upon receipt c
the notification required by Section 21855.160 so advise the Planning Director and .transmit a copy thereof for submission
the appropriate decision-making body for consideration as an overriding factor under Section 21 ,-55 . 110 o
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, .. . .. . 21.55.180 School district schedule. Following the ac
by a decision-making body to require the dedication of land the payment of€ees.,or both, the Planning Director shall not each school district affected thereby, The governing body o
the school district shall then submit a schedule specifying it will use the land or fees', or both, to solve the conditic
of overcrowding. The schedule shall include the school site be used, the classroom facilities to be made available, and times when such facilities will be available. In the event governing body of the school district cannot meet the schedu it shall submit modifications to the City Council and the re for the modifications. ..
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21; 55; 190 Land dedication. When land is to be dedica.
it shall be offered for dedication to the iffected school di: is substantially the same manner as prescribed in
Title 20 .regarding streets and public easements for subdivis.
Dedicated land which subsequently is determined by the schoo: district.to be unsuitable for school purposes may be sold wi.
the approval of the City Council. The funds derived therefrc must be used in accordance with this chapter.
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. 21.55.200 Fee payment. If the payment of a fee is re(
such' payment or the. pro rata amount thereof shall be made at the time a building.permit within the residential.developmen
is approved and issued.
21.55.210 Fees held in trust. Fees paid under this c: shall be held in trust by the City. Such fees,. plus accrued
interest, less a reasonable service and handling charge of nl more than the accrued interest, shall be transferred to':the ~
.districts.operating schools within the attendance area from 1 the fees were collected from time-to-time as the City Counci
may determine.
21.55.220 U.se 0.f lahd and fees. All land or fees, or :
collected pursuant to this chapter and transferred to a schol district, shall be held. in trust and shall be used only by thl district for the purpose of providing interim elementary, ju:
high or high school classroom and related facilities,in the attendance area from which the land or fees were collected.
21.55.230 Refunds, If a residential development appro
vacated or voided, and if the affected school district has n(
made use of the land and/or fees collected therefor, and if applicant 50 requests, the governing board of the school dis
.shall order the land and/or fees returned to the applicant. ..
21.55.240 Agreement for fee distribution, If two sepa
school districts operate schools in an attendance area where
the City Council has concurred that overcrowding conditions exist for both school districts, the City Council will enter an agreement with the governing body of each school district for the purpose of determining the distribution of revenues the fees levied pursuant to this chapter.' In the event the
districts do not agree, the -City shall retain all fees until agreement is secured.
21.55.250 Fee fund records and reports. Any school d receLving funds pursuant to this chapter shall maintain a se
account for any fees paid and shall file a report with the C Council on the balance in the ac.count at the end of the prev fiscal year and the facilities leased, purchased, or constru during the previous fiscal year. In addition, the report sh
specify which attendance areas will continue to be overcrowd when the fall term begins and where conditions of ovcrcrowdi will no longer exist. Such report shall be filed by August each year and shall be filed more frequently at the request
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4 21.55-260 Termination of dedication and fee requireme When it is determined by the City Council that conditions of
overcrowding no longer exist in an attendance area, decision making bodies shall cease levying any fee or requiring the
dedication of any land €or that area pursuant to this chapte Action under this section shall not affect the validity of
conditions already imposed for levy of fees and dedications land and such conditions shall remain binding,
21.55.270 Operative date. This chapter shall become o 7 ative thirty (30) days after its effective date. I'
8 EFFECTIVE DATE: This ordinance shall be effective thi
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adoption of this ordinance and cause it to be published at 1 .JO
days after its adoption, and the City Clerk shall certify to
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adoption m 12
once in the Carlsbad Journal within fifteen days after its
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3 g 13 INTRODUCED AND FIRST READ at'a regular meeting of the
Yo w 5 14
PASSED AND ADOPTED at a regular meeting of said city C< 558,- 16
and thereafter - _. gc 0-I 2 g 15
Carlsbad City Council held on the day of
gg g 17 held on 'the day of 'I 1978 by the followi:
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E Ei 18 vote, to wit:
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AYES : .. ..
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ABSENT :
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.. RONALD C. PACICARD 8 Mayor
ATTEST :
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26 MARGARET E. ADMIS, City Clerk
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