HomeMy WebLinkAbout1987-08-19; Planning Commission; Resolution 2674L 0 0
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PLANNING COMMISSION RESOLUTION NO. 2674 I A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE NEW SCHOOL
OF ARCHITECTURE TO HOLD CLASSES IN THE PM ZONE
ON PROPERTY GENERALLY LOCATED AT 5431 AVENIDA
ENCINAS.
APPLICANT: NEW SCHOOL OF ARCHITECTURE
CASE NO: CUP 87-6 I 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 19th day of August, 1987, hold
a duly noticed public hearing to consider said application on
property described as:
Parcel 1, in the City of Carlsbad, County of San Diego,
State of California, as shown on Page 13051 of Parcel
Maps, filed in the Office of the County Recorder of San
Diego County, December 9, 1983.
WHEREAS, at said 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 87-
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 CUP 87-6, based on the following findings
and subject to the following conditions:
Findings:
1. The requested use 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
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to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located, for reasons
stated in the staff report, dated August 19, 1987.
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2. The site for the intended use is adequate in size and shape
to accommodate the use, for reasons stated in the staff
report.
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3. All of the yards, setbacks, fences, landscaping, and other
features necessary to adjust the requested use to existing
or permitted future uses in the neighborhood will be provided
for reasons stated in the staff report.
4. The street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use,
for reasons stated in the staff report.
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5. This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on July 29, 1987, and approved by the
Planning Commission on August 19, 1987.
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6. The project is consistent with all City public facility pol-
icies and ordinances since:
a. The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured building
permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and
building cannot occur within the project unless sewer
service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities
Element of the General Plan have been met insofar as they
apply to sewer service for this project.
~ I.8 I b. All necessary public improvements have been provided or
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c. 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.
d. Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
7. This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment
of fees in lieu of construction. This project creates a
direct need for the improvements or facilities for the reasons
stated in the staff report. If the improvements or facilities
I are not provided the project will create an unmitigated burden 28 PC RES0 NO. 2674 -2-
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on existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of the
project consistent with City goals, policies and plans.
8. This project is consistent with the City's Growth Management
Ordinance as it has been conditioned to comply with any
requirements approved as part of the.Loca1 Facilities
Management Plan for Zone 3.
9. The applicant is by condition, required to pay any increase i
public facility fee, or new construction tax, or development
fees, and has agreed to abide by any additional requirements
established by a development management or public facility
program ultimately adopted by the City of Carlsbad. This wil
ensure continued availability of public facilities and will
mitigate any cumulative impacts created by the project.
10. The project is consistent with the provisions of Chapter 21.9
of the Car-lsbad Municipal Code and the plans adopted pursuant
of this Chapter or has signed an agreement to be sub-ject to
such plans when they are adopted.
Conditions:
1. Approval is granted for CUP 87-6, as shown on Exhibits rlArf
through "F", incorporated by reference and on 'file in the
Planning Department. Development shall occur substantially
as shown unless otherwise noted in these conditions.
2. Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance.
3. This conditional use permit is granted for a period of three
years. This conditional use permit shall be reviewed by the
Planning Director on a yearly basis 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 any time after a public hearing if it is found that
the use has a significant detrimental effect on surrounding
land uses and the public health and welfare, or the
conditions imposed herein have not been met. This permit may
be extended for a reasonable period of time not to exceed
three years upon written application of the permittee made
not less than 90 days prior to the expiration date. In
granting such extension, the Planning Commission shall find
that no substantial adverse effect on surrounding land uses
PC RES0 NO. 2674 -3-
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or the public health and welfare will result because of the
continuation of the permitted use. If a substantial adverse
affect on surrounding land uses or the public health and
welfare is found, the extension shall be considered as an
original application for a conditional use permit. There is
no limit to the number of extensions the Planning Commission
may grant.
4. This project shall comply with all conditions and mitigation
required by the Zone 3 Local Facilities Management Plan.
5. The applicant shall obtain a Coastal Permit from the
California Coastal Commission prior to holding any classes at
the facility.
6. This project is approved subject to the condition that total
classroom occupancy shall not exceed 21 students plus one
teacher between the hours of 8:OO a.m. and 5:OO p.m., and 30
students and two teachers between the hours of 5:OO p.m. and
1O:OO p.m.
7. This project is also approved under the express condition that
the applicant pay the public facilities fee adopted by the
City Council on 3uly 28, 1987 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to
pay the public facilities fee dated March 30, 1984, and the
agreement to pay the Growth Management Fee dated May 8, 1987,
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.
8. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof,
imposed by this approval or imposed by law on this project are
challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is
determined to be invalid this approval shall be invalid unless
the City Council determines that the project without the
condition complies with all requirements of law.
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In~ngineering:
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9. 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.
5 IO. If congestion, accidents, or conflicts with other uses occur
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satisfaction of the City Engineer, .to provide adequate
parking and safe circulation within the development.
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11. Notice is hereby given that a ground water clean-up process
is underway south of this project (about 500 feet +). The
San Diego County Air Pollution Control District has approved
a permit (with restrictions) to emit certain purgeable
~ halocarbons at levels less than harmful to the surrounding
I community. If these levels should rise above those acceptable, this conditional use permit will be revoked.
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Building C-2, then this CUP shall become null and void.
discovered that new hazardous occupancies are located within 15
subsequent yearly reviews described in Condition No. 3, it is
defined by the Uniform Building Code, Chapter 9. If upon the 14
within Building C-2 include no hazardous occupancies, as
12. This CUP shall be approved, provided that all future uses 13
Fire:
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13. he applicant shall post approved evacuation instructions and
diagram at classroom exits. (See Fire Prevention Bureau for
instructions.)
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PC RESO NO. NO. 2674 -5-
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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 19th day of August, 1987, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Schlehuber,
Schramm, Holmes and Hall.
NOES: None.
ABSENT: Commissioners McBane and McFadden.
ABSTAIN: None.
ATTEST:
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MICHAEL 3. H(S'tiZMILEEl%
PLANNING DIRECTOR
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