HomeMy WebLinkAbout1987-11-18; Planning Commission; Resolution 2683%
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PLANNING COMMISSION RESOLUTION NO. 2683
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO PLACE AND OCCUPY A 60 FOOT BY 24 FOOT MODULAR OFFICE ON PROPERTY GENERALLY LOCATED AT 5950 EL CAMINO REAL. APPLICANT: COSTA REAL MUNICIPAL WATER DISTRICT CASE NO: CUP 87-11
WHEREAS, a verified application has been filed with the
7 City of Carlsbad and referred to the Planning Commission; and
8 WHEREAS, said verified application constitutes a request
9 as provided by Title 21 of the Carlsbad Municipal Code: and
10: WHEREAS, pursuant to the provisions of the Municipal
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1987, hold a duly noticed public hearing to consider said 12
Code, the Planning Commission did, on the 18th day of November,
application on property described as: 13
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All that portion of Lot lrB1l of RANCHO AGUA
HEDIONDA, in the County of San Diego, State of
California, according to Map thereof No. 823,
filed in the Office of the Recorder of San
Diego County November 16, 1896.
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considering all testimony and arguments, if any, of all persons 18
WHEREAS, at said public hearing, upon hearing and
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the Planning Commission of the City of Carlsbad as follows: 21
relating to CUP 87-11. NOW, THEREFORE, BE IT HEREBY RESOLVED by 20
/desiring to be heard, said Commission considered all factors
B) That based on the evidence presented at the public hearing, 23
A) . That the foregoing recitations are true and correct.
the Commission APPROVES CUP 87-11, based on the following 24 findings and subject to the following conditions:
25 Findinqs:
26 1. The temporary modular office is desirable for the
27 development of the community since office space is needed
for the staff to continue to plan for water facilities in
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Carlsbad. The various elements not detrimental
temporary trailer is in harmony with the and objectives of the general plan, and is to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located since parking demand can be met on the site, and the visual impacts of the use are minimized.
2. The site for the modular office is adequate in size and shape to accommodate the use without an impact to the City's
site design standards.
3. The yards, setbacks, walls, fences, landscaping, and other site design features necessary for the site will be maintained.
4. El Camino Real, the street system serving the proposed use and the site's internal circulation system are adequate to properly handle the 29 average daily trips proposed by the project .
5. Occupancy of the modular office will be temporary to allow for the construction of a permanent structure as conditioned
in this conditional use permit.
6. The project is consistent with all City public facility policies 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 pro j ect .
b) All necessary public improvements have been provided or will be required as conditions of approval.
7- This project is exempt from environmental review according to Section 15303 of the California Environmental Quality
' Act.
8. 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 are not provided the project will create an unmitigated burden on existing improvements and facilities.
PC RES0 NO. 2683 -2-
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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.
9. 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 development management or public facility program ultimately adopted by the City of Carlsbad, This will 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
conditioned to comply with the standards and mitigation
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outlined in the Local Facilities Management Plan for Zone 5, 9
21 , 90 of the Carlsbad Municipal Code and has been
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1. Approval is granted for CUP 87-11, as shown on Exhibits 'IAl1 11
Plannina Conditions:
occur substantially as shown unless otherwise noted in these
and lrBgr, dated August 18, 1987, incorporated by reference 12 and on file in the Planning Department. Development shall
13 conditions.
14 2. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other 15 applicable City ordinances in effect at time of building permit issuance. 16
3. Any signs proposed for this development shall be designed in
review and approval of the Planning Director prior to
17 conformance with the City's Sign Ordinance and shall require
18 installation of such signs.
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I 4. This conditional use permit is granted for a period of one year, 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 at any time after a public 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
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not been met. This permit may be extended for a reasonable period of time not to exceed one year 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 construction of a permanent structure intended for occupancy by the applicant has begun and reasonable progress toward completion has been made.
5. 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.
6. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval.
7. Water shall be provided to this project pursuant to. the Water Service agreement between the City of Carlsbad and the
Costa Real Water District, dated May 25, 1983.
8. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building.
9. 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.
Ensineerins Conditions:
10. Prior to issuance of building permits, applicant shall enter
' into an agreement to pay for half width median improvements on El Camino Real along the project frontage.
Growth Manasement Prosram Conditions:
11. Prior to issuance of building permits, the applicant shall
enter into an agreement with the City to pay a proportional share for the mitigation of drainage problems at the Rancho Carlsbad Mobile Home Park. Proportional costs shall be
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determined by engineering studies to be completed by an
update to the City’s Master Drainage Plan.
12. The applicant shall be required to comply with all standards
and mitigation described in the Local Facilities Management
Plan Zone 5 and any amendments therein prior to the issuance
of building permits.
13. The applicant will be required to pay a park-in-lieu fee of
$. 50 per square foot to be collected at the time of building permit issuance.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the Planning Commission of the City of Carlsbad, California, held
on the 18th day of November, 1987, by the following vote, to wit:
AYES : Chairperson Marcus, Commissioners: McFadden,
NOES : None.
ABSENT: Commissioner Hall.
ABSTA.IN: Commissioner McBane.
Schlehuber, Holmes E Schramm.
ATTEST:
‘73. 2dW
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US, Chairperson PLANNING COMMISSION
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MICHAEL J. HOZZIMILLW PLANNING DIRECTOR
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