HomeMy WebLinkAbout1992-07-01; Planning Commission; Resolution 34141
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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:
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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-
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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.
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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.
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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.
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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.
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PC RES0 NO. 3414 -3-
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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-
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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-
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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-