HomeMy WebLinkAbout1988-12-21; Planning Commission; Resolution 28015
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PLANNING COMMISSION RESOLUTION NO. 2801 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVINGA CONDITIONALUSE PERMIT FOR AN EXISTING ELEMENTARY SCHOOL AND CONSTRUCTION OF CLASSROOMS ON PROPERTY GENERALLY LOCATED AT PI0
PIC0 DRIVE. APPLICANT: ST. PATRICK'S SCHOOL CASE NO: CUP 88-20
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 21st day of December, 1988,
hold a duly noticed public hearing to consider said application
on property described as:
Parcel 1, Parcel Map 3980 of Tract No. 236, Thum Lands Map NO. 1691, Carlsbad, County of San Diego.
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
88-20. 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 88-20, based on the following findings and subject to the following conditions:
Findinqs:
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 R-3 zone since the school is existing and
this is a minor expansion of use.
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2. The 3.07 acre site is adequate in size and shape to accommodate the use, since adequate parking and landscaping can be provided onsite.
3. 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 in accordance with the zoning
ordinance requirements.
4. The street system serving the proposed use is adequate to properly handle all traffic generated by the expanded use
because on days of assembly, traffic can easily be handled
on Pi0 Pic0 Drive.
5. 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 .
6. All necessary public improvements have been provided or will
be required as conditions of approval.
7. This project is categorically exempt from CEQA per Section
15301, Class I (e) 2,
8. The project is consistent with the City's Local Coastal Program in that school uses are allowed with a Conditional Use Permit .
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 Local Facilities Management
Plan prepared pursuant to Chapter 21.90 of the Carlsbad
Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts
created by the project,
10. 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 1.
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Conditions:
1. Approval is granted for CUP 88-20, as shown on Exhibit KIAK1- "C"# dated August 30, 1988, incorporated by reference and
on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2. Revise site plan to switch the locations of the boys restroom
with the girls, placing the boys facility closer to Pi0 Pico.
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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.
4. 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.
5. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits.
6. 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.
7. 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.
8. 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.
9. This Conditional Use Permit is granted for a period of 5 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
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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 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.
10. 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.
11. No outdoor storage of material shall occur onsite unless
required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the
Planning Director.
12. The three parking spaces on the westerly property line shall be posted with signs designating rrEmployee Parking Only.Il
13. Prior to occupancy, the applicant shall construct an
enclosure for the recycling bins located near the southerly
parking lot. Said enclosure shall be of similar colors
and/or materials as the project, to the satisfaction of the
Planning Director.
14. 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.
15. All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
16. 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
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prior to installation of such signs.
17. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
18. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zonet1 pursuant to Section 17.04.040, Carlsbad Municipal
Code.
19. The existing private drainage system shall be relocated as
shown on the site plan.
20. Approximately ten feet of the existing masonry wall along the site's southerly boundary shall be removed to provide 180
feet of sight distance to the south.
21. The existing *@one-way@@ driveway located on the western property line parallel to Pi0 Pic0 Drive shall be closed off
to vehicles and landscaped prior to being issued a
Certificate of Occupancy for the new classrooms.
22. The applicant will post a @@NO Entry" sign at the westerly end
of diagonal parking area located along the southerly portion
of the property.
23. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department.
24. 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.
25. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq. ft. (or less) areas.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Planning Commission of the City of Carlsbad, California, held 0
the 21st day of December, 1988, by the following vote, to wit:
AYES : Chairperson McFadden, Commissioners: Schramm,
NOES : None. 1
ABSENT : None.
Holmes, Schlehuber, Erwin, Hall & Marcus.
ABSTAIN: None. n -- ".
CARLSBAD PLANNING COMMISSION
ATTEST:
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'4 9",h ' :- ( !
/' f; r. 1 \\Id&G &$+%$$& & / i +,
MICHAEL J ;-.+LL&&,LER PLANNING DIRECTOR
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