Loading...
HomeMy WebLinkAbout1988-04-20; Planning Commission; Resolution 2721-* i. 1 2 3 4 5 6 7 a 9 10; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ll 0 0 PLANNING COMMISSION RESOLUTION NO. 2721 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF FIRE STATION NO. 5 AT 2560 ORION WAY. APPLICANT: CITY OF CARLSBAD CASE NO: CUP 88-6 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 20th day of April, 1988, hold a duly noticed public hearing to consider said application on property described as: A portion of Lot llB1l of Rancho Agua Hedionda according to Map No. 823, filed November 16, 1896. WHEREAS, at said public 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 88-6. 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 88-6, based on the following findings and subject to the following conditions: Findinss : 1. That the proposed use is necessary or 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 to existing uses or to uses specifically permitted in this zone for the reasons stated in the staff report. //// 'I 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 9. PC The subject property is adequate in size and shape to accommodate the proposed use for the reasons stated in the staff report. All of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained for the reasons stated in the l staff report. The street system serving the subject property is adequate to properly handle all traffic generated by the proposed use for the reasons stated in the staff report. I 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. a. All necessary public improvements have been provided or will be required as conditions of approval. b. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on March 23, 1988 and APPROVED by the Planning Commission on April 20, 1988. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the City's hillside resources. Additional fire services are needed to adequately service proposed businesses within the Zone 5 Local Facilities Management Plan area of Carlsbad, as well as unserviced areas of the City within a 2.5 mile radius of this fire station. The development of this project is consistent with the goals and objectives of the Public Facilities Element of the Carlsbad General Plan. RES0 NO. 2721 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 za 0 0 Conditions: 1. Approval is granted for CUP 88-6, as shown on Exhibits ''A"- "D", dated March 10, 1988, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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. 3. 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. 4. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 5. This conditional use permit is granted for a period of five 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 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 not been met. This permit may be extended for a reasonable period of time not to exceed five years upon written ' application of the permittee made no less than 90 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 the public's 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's 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. PC RES0 NO. 2721 -3- li 0 0 1 2 3 4 6. 5 7. 6 7 8 8. 9 10 11 9. l2 10. 13 14 15 'lo l6 12. 17 18 19 I-4* 21 13* 20 22 23 24 15* 28 17. 27 26 16- 25 PC Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 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. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. All parking lot trees shall be a minimum of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings RES0 NO. 2721 -4- < il e 0 1 2 therein which shall split the building into 10,000 sq. ft. (or less) areas. 3 18. All trees along or adjacent to Orion Way are to be Bottle 4 trees, Brachychiton, Populeneus, as are currently planted along the rest of Orion. 5 6 7 20. The plant material, Rosemary, around the buildings shall be the dwarf variety, Rosmarunus Officinales "prostratann. 19. A detailed irrigation plan shall be required to be submitted for review and approval prior to the issuance of building permits. 8 9 PASSED, APPROVED, AND ADOPTED at a regular meeting of 10 IQ he Planning Commission of the City of Carlsbad, California, held 11 IP n the 20th day of April, 1988, by the following vote, to wit: 12 13 14 AYES : Commissioners: McBane, Hall, Schramm, Marcus and Schlehuber. NOES : None. ABSENT: Chairperson McFadden & Commissioner Holmes. 15 16 ABSTAIN: None. 17 18 -. MATTHEW HALL, Vice-Chai'rman CARLSBAD PLANNING COMMISSION l9 20 PTEST: . 25 26 27 28 PC RES0 NO. 2721 -5-