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Home My WebLink About1984-07-25; Planning Commission; Resolution 2322c .J 1 e 0 PLANNING COMMISSION RESOLUTION NO. 2322 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A MODULAR BUILDING ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF ELM AVENUE AND PI0 PIC0 DRIVE. APPLICANT: CITY OF CARLSBAD CASE NO: CUP-248 6 /I WHEREAS, a verified application has been filed with ' IlCity of Carlsbad and referred to the Planning Commission; and 8 ll WHEREAS, said verified application constitutes a re? 9 10 11 12 13 as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal the Planning Commission did, on the 25th day of July, 1984, 1 duly noticed public hearing to consider said application on property described as: 14 15 A portion of Tract 117 of Carlsbad Lands according i thereof No. 1661 filed March 1, 1915, 16 testimony and arguments, if any, of all persons desiring to 1 17 WHEREAS, at said hearing, upon hearing and consider: heard, said Commission considered all factors relating to CUI 18 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni! 20 (A) That the foregoing recitations are true and correct. 21 Commission of the City of Carlsbad as follows: (B) That based on the evidence presented at the public heari 22 Commission APPROVES CUP-248, based on the following find 23 and subject to the following conditions: 24 Findings 25 1) The proposed use is temporary in nature and will be adeq landscaped so that it will not be detrimental to existin 26 or to uses specifically permitted in the zone. 27 2) The site is adequate in shape and size to accommodate th proposed use since the parking shortage will be temporar 28 I1 .- 0 0 1 2 3 4 3) All of the yards, setbacks, walls, fences, landscaping, a other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood wil provided or maintained. 4) The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use The project is consistent with all City public facility 511 5, icies and ordinances since: 6 7 8 9 10 11 12 13 a) All necessary public improvements have been provided will be required as conditions of approval. 6) This project will not cause any significant environment; impacts and a Negative Declaration has been issued by tk Use Planning Manager on June 26, 1984 and approved by tk Planning Commission on July 25, 1984. I Conditions 1) Approval is granted for CUP-248, as shown on Exhibits 11 A 11 - "D", dated June 20, 1984, incorporated by referenc on file in the Land Use Planning Office. Development st occur substantially as shown unless otherwise noted in 1 conditions. 14 2) This project is approved upon the express condition thal 15 building permits will not be issued for development of 1 subject property unless the City Engineer determines thi 16 sewer facilities are available at the time of applicatic such sewer permits and will continue to be available unl 17 time of occupancy. 18 3) Approval of this request shall not excuse compliance wil sections of the Zoning Ordinance and all other applicab: 19 ordinances in effect at time of building permit issuancc 20 4) Water shall be provided to this project pursuant to the Service agreement between the City of Carlsbad and the ( 21 Real Water District, dated May 25, 1983. 22 23 24 25 26 5) The applicant shall prepare a reproducible mylar of the site plan incorporating the conditions contained herein site plan shall be submitted to and approved by the Lanl Planning Manager prior to the issuance of building perm 6) The applicant shall prepare a detailed landscape and ir tion plan which shall be submitted to and approved by t Use Planning Manager prior to the issuance of building permits. 27 7) All landscaped areas shall be maintained in a healthy a 28 thriving condition, free from weeds, trash, and debris. PC RES0 NO. 2322 -2- I 0 0 1 2 3 8) All roof appurtenances, including air conditioners, shal architecturally integrated and shielded from view and th sound buffered from adjacent properties and streets, pur to Building Department Policy No. 80-6, to the satisfact the Land Use Planning Manager and Building and Planning Director. 4 5 6 7 9) a 9 10 11 12 13 14 15 16 17 18 This conditional use permit is granted for a period of t Land Use Planning Manager on a yearly basis to determine all conditions of this permit have been met and that the does not have a significant detrimental impact on surroL ing properties or the public health and welfare. If the Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommenc the Planning Commission, after providing the permittee 1 opportunity to be heard, add additional conditions to mi the significant adverse impacts. This permit may be reT at any time after a public hearing, if it is found that use has a significant detrimental affect on surrounding uses and the public's health and welfare, or the condit: imposed herein have not been met. This permit may be e: for a reasonable period of time not to exceed five year: written application of the permittee made not less than days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or ' public's health and welfare will result because of the continuation of the permitted use. If a substantial ad? affect on surrounding land uses or the public's health ' welfare is found, the extension shall be considered as ' original application for a conditional use permit. The: no limit to the number of extensions the Planning Commi: may grant. years. This conditional use permit shall be reviewed by I/ Engineering Conditions 19 I 10) The developer shall exercise special care during the 20 measures and shall construct temporary desiltation/dete 21 construction phase of this project to prevent any off-s Engineer. The basins and erosion control measures shal 22 siltation. The developer shall provide erosion control basins of type, size and location as approved by the Ci shown and specified on the grading plan and shall be 23 constructed to the satisfaction of the City Engineer pr the start of any other grading operations. Prior to th 24 removal of any basins or facilities so constructed the served shall be protected by additional drainage facili 25 slope erosion control measures and other methods requir approved by the City Engineer. The developer shall mai 26 the temporary basins and erosion control measures for a of time satisfactory to the City Engineer and shall qua 27 their maintenance and satisfactory performance through deposit and bonding in amounts and types suitable to th 28 Engineer. PC RES0 NO. 2322 -3- If 1. - I/ e 0 1 2 3 4 5 6 7 8 11) 9 12) 10 'I. 13) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 ) Improvements including, but not limited to, the followir shall be installed by the developer and approved by the Engineer. The developer shall obtain approval of the pl from the City Engineer and pay all associated fees and performance guarantees prior to issuance of any Buildins Permit. The developer shall install said improvements t satisfaction of the City Engineer prior to the issuance Certificate of Occupancy or occupancy of any portion of project for any purpose. To wit: a) Laguna Drive to Local Street Standards for one-half plus a 12 foot wide lane from Pi0 Pic0 Avenue to Elr Street b) Street lights c) On-site interceptor grates and sidewalk underdrains eliminate storm water flow across the sidewalks The developer shall comply with all the rules, regulatic and design requirements of the respective sewer and watt agencies regarding services to the project. All private driveways shall be kept clear of parked veh: at all times, and shall have posted "No Parking/Fire La] Away Zone" pursuant to Section 17.04.040, Carlsbad Munic Code . All plans, specifications, and supporting documents for improvements of this project shall be signed and sealed Engineer in responsible charge of the work. Each sheet be signed and sealed, except that bound documents may bc signed and sealed on their first page. Additionally thc sheet of each set of plans shall have the following cer. "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for thi: project, that I have exercised responsible charge over design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a only and does not relieve me, as Engineer of Work, of m responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address : City, St.: Telephone: BY Date: (Name of Engineer) R.C.E. NO. # If DP DVCA wn 93 -9 A . .L I. '. ,* .I 1 2 3 4 5 6 7 e a 15) The developer shall cause an adjustment plat to be prep; filed that eliminates the lot lines between contiguous 1 the site. ~ ~ ~ Fire Condition 16) Prior to the issuance of building permits, complete bui: plans shall be submitted to and approved by the Fire Department. PASSED, APPROVED AND ADOPTED at a regular meeting ol 8 the 25th day of July, 1984, by the following vote, to wit: g Planning Commission of the City of Carlsbad, California, helc LO ABSENT: None. 13 NOES: None. 12 Schlehuber , McFadden, Rawlins . 11 AYES: Chairman Rombotis, Commissioners Marcus, Far1 ABSTAIN: None. 14 15 16 17 18 ATTEST: n r-". CARLSBAD PLANNING COMMISSIO~ 19 I 2o I 21 LAND USE PLANNING MANAGER li 22 23 24 25 26 27 28 PC RES0 NO. 2322 -5- I,