HomeMy WebLinkAbout1988-11-16; Planning Commission; Resolution 2791.I
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PLANNING COMMISSION RESOLUTION NO. 2791
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO LOCATE A
CONSTRUCTION EQUIPMENT RENTAL YARD ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF CAMINO VIDA ROBLE AND LAS PALMAS DRIVE. APPLICANT: HAWTHORNE
CASE NO: CUP 88-16
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 16th day of November, 1988, hold a duly noticed public
hearing to consider said appl i cati on on property described as:
LOT 4 OF CARLSBAD TRACT NO. 80-33 ACCORDING TO MAP NO. 10061 FILED
APRIL 15, 1981.
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 88-16. NOW, THEREFORE, BE
IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as
fol 1 ows :
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
Commission APPROVES CUP 88-16, based on the following findings and
subject to the following conditions:
Fi ndi nqs :
1. That the requested 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 the zone in which the proposed use
is to be located, because this use provides a needed service to the
community and will be screened from other uses in the area.
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2. That the site for the intended use is adequate in size and shape to accommodate the use, because all of the proposed storage can be accommodated onsite without necessitating any intrusion into the required setbacks.
3. That a1 1 of the yards, setbacks, wall s, fences, 1 andscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, because the site will be screened by a combination of berns and 1 andscapi ng .
4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use because this use will generate very little traffic and the access to the site has been located at the most visible portion of the site. (Ord. 9252 §l(part), 1970: Ord. 9060 91401).
5. The site is physically suitable for the type and intensity of the development since the site is adequate in size and shape to accommodate industrial development at the intensity proposed.
6. The P1 anning 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 avail ab1 e, and the P1 anning Commission is satisfied that the requirements of the Public Faci 1 i ties Element of the General P1 an have been met insofar as they apply to sewer service for this project.
7. School fees will be paid to ensure the avail abil i ty of school facilities in the Carlsbad School District.
8. Park-in-lieu fees are required as a condition of approval.
9. A1 1 necessary publ ic improvements have been provided or wi 11 be required as conditions of approval .
10. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a publ ic facil ities 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 P1 an.
11. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for industrial development on the General P1 an.
12. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the P1 anning Director on October 12, 1988 and approved by the Planning Commission on November 16, 1988. In approving this Negative Declaration the
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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.
13. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 5.
CONDITIONS
1. Approval is granted for cup 88-16, as shown on Exhibit (s) A-D, dated November 16, 1988, incorporated by reference and on file in the P1 anning Department. Development shall occur substanti a1 ly as shown unless otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x
36", 100 scale my1 ar copy of the site plan as approved by the Planning Commission. The site plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first.
3. 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 pl aced on the final map.
4. This project is a1 so approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees establ ished 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 August 24, 1988, and the agreement to pay the Growth Management Fee dated August 24, 1988, 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.
5. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
6. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of
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building permit application.
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. This project shall comply with all conditions and mitigation required by the Zone 5 Local Facil i ties Management P1 an approved by the City Counci 1 on August 4, 1987, incorporated herein by reference, and on fi 1 e in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits.
GENERAL CONDITIONS
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.
10. 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.
11. 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 .
12. Approval of CUP 88-16 is granted subject to the approval of PIP 88- 7.
13. This Conditional Use Permit is granted for a period of 10 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 5 years upon written appl ication 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
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surrounding 1 and uses or the pub1 ic’s health and we1 fare 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.
14. 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 P1 anning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director.
15. 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 Director of Planning, Building and Engineering.
16. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. A1 1 1 ighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property.
17. No outdoor storage of material shall occur onsite unless approved by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director.
18. The appl icant shall prepare a detailed 1 andscape 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.
19. All parking lot trees shall be a minimum of 15 gallons in size.
20. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris.
21. Unless affected by grading, all existing onsite trees shall be retained and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Department during the review of a Master Plan submitted showing existing onsite trees. Those trees which are approved for removal shall be replaced on a tree-for-tree basis as required by the Planning Department.
22. 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.
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23. Hours of operation shall be limited to 6:OO A.M. through 7:OO P.M. 1 on weekdays and 6:OO A.M. to 6:OO P.M. on weekends.
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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.
Any use of power tools, such as an impact wrench, or the running of engines for extended periods shall occur inside the building to keep noise from adjacent properties.
Prior to occupancy of the building, the Planning Director shall examine the perimeter landscaping to determine if it adequately screens the proposed outside storage. If the Planning Director determines that the perimeter landscaping is inadequate, additional landscaping shall be installed prior to occupancy.
Prior to occupancy of the proposed building, the appl icant will grant a parking and maintenance easement to the City of Carlsbad over the existing city parking area on this property. The easement shall be in effect for the time that the City of Carl sbad occupies the property at 2075 Las Palmas Drive.
Three additional windows shall be located on the elevation facing Camino Vida Roble. The size and location of these windows shall be approved by the Planning Director prior to issuance of a building permit.
Prior to issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing materi a1 then a standard two phased program, on file in the P1 anning Department, shall be undertaken to avoid possible significant impacts on paleontological resources under the direction of the P1 anning Department.
18 ENGINEERING CONDITIONS
19 30. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer
20 connection permit the developer shall conform to the requirements
waste discharge permit application requirements have been met, all Occupancy for the project will be issued before the industrial 22
with the building permit for this project. No Certificates of shall apply for an industrial waste discharge permit concurrently 21
of Chapter 13.16 of the Carl sbad Municipal Code. The developer
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32. The grading for this project is defined as "control led grading" 25
commencement of any clearing or grading of the site. 31. The developer shall obtain a grading permit prior to the 24
applicable fees paid and the permit issued.
26 by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading
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shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
33. No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties.
34. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits.
35. All slopes within this project shall be no steeper than 2:l.
36. Prior to haul ing dirt or construction materi a1 s to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with a1 1 conditions and requirements the City Engineer may impose with regards to the haul i ng operation.
37. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer.
38. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer.
39. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to the approval of any grading or building permit for this project.
40. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit.
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41. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan.
FIRE DEPARTMENT CONDITIONS
42. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
43. 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.
44. Additional public and/or onsite fire hydrants shall be provided.
45. All private driveways shall be kept clear of parked vehicles at all times.
46. Prior to issuance of a grading permit the applicant shall provide details of the proposed storage and fuel dispensing area to the Fire Department for review and permits.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of
November, 1988, by the following vote, to wit:
AYES: Chairperson McFadden, Commissioners: Schramm, Schlehuber Holmes, Erwin and Hall.
NOES : None.
ABSENT: Commissioner Marcus.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
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