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HomeMy WebLinkAbout1992-07-01; Planning Commission; Resolution 34141 II 0 0 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 28 PLANNING COMMISSION RESOLUTION NO. 3414 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN ELECTRICAL SUBSTATION ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CAMINO VIDA ROBLE BETWEEN PALOMAR OAKS WAY AND PALOMAR AIRPORT ROAD. CASE NAME: PALOMAR SUBSTATION CASE NO: CUP 92-3 WHEREAS, a verified application has been filed with the City of Carlsbac and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided 6 Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Plannin; Commission did, on the 1st day of July, 1992, hold a duly noticed public hearing ti consider said application on property described as: Lot 5 of Carlsbad Tract No. 81-46 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 11287, filed in the office of the County Recorder of San Diego County. WHEREAS, at said public hearing, upon hearing and considering a testimony and arguments, if any, of all persons desiring to be heard, said Comrnissia considered all factors relating to CUP 92-3. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic 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 Commissic APPROVES CUP 92-3, based on the following findings and subject to the followir conditions: ... I1 0 0 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 28 FindiIlgS: 1. That the requested use is necessary and desirable for the development of the community since the substation will be providing electrical power for the surrounding area, is essentially in harmony with the various elements and objectives of the General Plan because the use is allowed through the Land Use Element of the General Plan and by making available additional Public Facilities, and is not detrimental to existing uses or to uses specifically permitted in the Planned Industrial Zone because the proposed use will operate above the performance standards of the zone. 2. That the site for the intended use is adequate in size and shape to accommodate the use since the proposed use will be confined to the site and that adequate setbacks per Specific Plan 181 (A) have been provided for. 3. That the features necessary to adjust the requested use, such as increased setbacks and increased landscaping, to existing and permitted future uses in the Industrial Zone have been provided for and will be maintained. 4. That the street system serving the proposed use is adequate to properly handle the small amount of additional traffic generated by the use. 5. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on June 4, 1992 and Approved by the Planning Commission on July 1, 1992. 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. 6. 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 an: additional requirements established by a Local Facilities Management Pla~ prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This wil ensure continued availability of public facilities and will mitigate any cumulativl impacts created by the project. 7. This project is consistent with the City's Growth Management Ordinance as it ha been conditioned to comply with any requirement approved as part of the Loca Facilities Management Plan for Zone 5. Conditions: 1. Approval is granted for CUP 92-3, as shown on Exhibit(s) "A" - "E", date July 1, 1992, incorporated by reference and on file in the Planning Departmen Development shall occur substantially as shown unless otherwise noted in the: conditions. PC RES0 NO. 3414 -2- 0 0 2. The developer shall provide the city with a reproducible 24" x 36', mylar copy ( the conditions of approval by the City. The site plan copy shall be submitted 1 1 the site plan as approved by the Planning Commission. The site plan shall reflel 2 the City Engineer and approved prior to building, grading, final map, c z improvement plan submittal, whichever occurs first. 8J II 4 3. 5 6 7 8 9 This project is also approved under the express condition that the applicant pa the public facilities fee adopted by the City Council on July 28, 1987 and 2 amended from time to time, and any development fees established by the Cit Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or othf ordinance adopted to implement a growth management system or facilities an improvement plan and to fulfill the subdivider's agreement to pay the publi facilities fee dated March 18, 1992, a copy of which is on file with the City Cler and is incorporated by this reference. If the fees are not paid this application wi not be consistent with the General Plan and approval for this project will be voic lo // 4. Water shall be provided to this project pursuant to the Water Service agreemer between the City of Carlsbad and the Carlsbad Municipal Water District, date( I.1 It May 25, 1983. 12 5. This project shall comply with all conditions and mitigation measures which ma; be required as part of the Zone 5 Local Facilities Management Plan and aq 13 amendments made to that Plan prior to the issuance of building permits. 14 15 16 17 6. If any condition for construction of any public improvements or facilities, or thf 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 ir Government Code Section 65913.5. If any such condition is determined to bt invalid this approval shall be invalid unless the City Council determines that tht project without the condition complies with all requirements of law. l8 11 7. Approval of this request shall not excuse compliance with all sections of the 19 I/ Zoning Ordinance and all other applicable City ordinances in effect at time oj 20 1; ~~ building permit issuance. 21 22 23 8. This approval shall become null and void if building permits are not issued for thi: project within two years from the date of project approval. ... 24 11 ... 25 ... 26 ". 27 1; 28 PC RES0 NO. 3414 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 3.8 19 20 21 22 23 24 25 26 27 28 a 0 9. 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 10 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. If the property owner/owners’ address changes from that which is shown on the conditional use permit application, a notice of a change of address shall be reported, in writing, to the Planning Department within 30 days. 11. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No, 80-6, to the satisfaction of the Directors of Planning and Building. 12. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 13. 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 Chie! and the Planning Director. 14. The applicant shall prepare a detailed landscape and irrigation plan which shall bl submitted to and approved by the Planning Director prior to the issuance o grading or building permits, whichever occurs first. 15. All landscaped areas shall be maintained in a healthy and thriving condition, fre, from weeds, trash, and debris. PC RES0 NO. 3414 -4- W 0 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 28 16. All landscape plans shall be prepared to conform with the Landscape Manual ar submitted per the landscape plan check procedures on file in the Plannir Department. 17. The applicant shall pay a landscape plan check and inspection fee as required k Section 20.08.050 of the Carlsbad Municipal Code. 18. The first set of landscape and irrigation plans submitted shall include buildir plans, improvement plans and grading plans. 19. All landscape and irrigation plans shall show existing and proposed contours an shall match the grading plans in terms of scale and location of improvements. 20. 30% of trees in industrial and commercial projects shall be 24" box or greater. 21. Building identification and/or addresses shall be placed on all new and existin buildings so as to be plainly visible from the street or access road; color ( identification and/or addresses shall contrast to their background color. 22. As part of the plans submitted for building permit plan check, the applicant sha! include a reduced version of the approving resolution/resolutions on a 24" x 36 blueline drawing. Said blueline drawing(s) shall also include a copy of an applicable Coastal Development Permit and signed approved site plan. Water Conditions: 23. The entire potable water system, reclaimed water system and sewer system shal be evaluated in detail to ensure that adequate capacity, pressure and flow demand are met. 24. The developer shall be responsible for all fees, deposits and charges which will bl collected at time of issuance of building permit. The San Diego County Wata Authority capacity charge will be collected at issuance of application for meta installation. 25. Sequentially, the Developers Engineer shall do the following: k Meet with the City Fire Marshal and establish the fire protectiox requirements. B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan fo~ potable, reclaimed and sewer systems prior to the preparation of improvement plans. PC RES0 NO. 3414 -5- I1 e e 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 28 26. This project is approved upon the express condition that bdding permits will nc be issued for development of the subject property unless the water district servin the development determines that adequate water service and sewer facilities a available at the time of application for such water &ce and sewer perr$ts W; continue to be available until time of occupancy. Building Conditions: 27. Building permits are required for walls that exceed 6 feet in height. Ennineering Conditions: 28. The applicant shall obtain a right-of-way permit prior to or concurrent wit issuance of a building permit. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin Commission of the City of Carlsbad, California, held on the 1st day of Jdy, 1992, by th following vote, to wit: AYES: Chairperson Erwin, Commissioner: Schlehuber, Schram Noble, Savary & Hall. NOES: None. ABSENT: Commissioner Welshons. ABSTAIN: None. TOM ERWIN, Chairperson CAEUSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RES0 NO. 3414 -6-