HomeMy WebLinkAbout1992-11-18; Planning Commission; Resolution 3461** ' ' **e 0 0
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PLANNING COMMISSION RESOLUTION NO. 3461
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A
LOCATED ON THE WEST SIDE OF PASEO DEL NORTE
SOUTH OF PALOMAR AIRPORT ROAD AND NORTH OF
CAMINO DEL PARQUE ON 3.5 ACRES OF LAND IN SPECIFIC
PLAN 23.
CASE NAME: AMERICAN SELF STORAGE
MINI-STORAGE FACILITY ON PROPERTY GENERALLY
CASE NO: CUP 92-07
8 I! WHEREAS, a verified application has been filed with the City of Carlsb:
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and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided 1
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plannir
Commission did, on the 18th day of November, 1992, hold a duly noticed public hearir
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Parcel 2 of Parcel Map No. 3415 in the City of Carlsbad,
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County, January 21,1975,
as file no. 75-014212 of official records.
19 i WHEREAS, at said public hearing, upon hearing and considering
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testimony and arguments, if any, of all persons desiring to be heard, said Commissi
considered all factors relating to CUP 92-07.
-- 23 - I/ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commiss:
24 I1 of the City of Carlsbad as follows:
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B) That based on the evidence presented at the public hearing, the Cornmiss 26
A) That the foregoing recitations are true and correct.
APPROVES CUP 92-07, based on the following findings and subject to 27 following conditions:
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FhdiIlgS:
1. That the requested use is necessary or desirable for the development of 1
community because it will provide storage service to the immediate a
surrounding neighborhood, is essentially in harmony with the various elements a
objectives of the general plan because the General Plan identifies the site
appropriate for commercial enterprise, and is not detrimental to existing uses
to uses specifically permitted in the zone in which the proposed use is to
located because the Zoning Ordinance identifies the site as appropriate
commercial uses;
2. That the site for the intended use is adequate in size and shape to accommod;
the use because the proposed project is My contained to the site and is I
dependent on additional properties;
3. That all of the yards, setbacks, walls, fences, landscaping, and other features
required by the Zoning Ordinance for the proposal have been provided and will
maintained;
4. That the street system serving the proposed use is adequate to properly handle
traffic generated by the proposed use because the current traffic count for Pa!
del Norte is 7,800 Average Daily Trips (ADT), the project wiU add 210 ADT a
the design capability for Paseo del Norte is 10,000 to 20,000 ADT.
Conditions:
1. Approval is granted for CUP 92-07, as shown on Exhibit(s) "A" - "H", dal
November 18, 1992, incorporated by reference and on file in the Pld
Department. Development shall occur substantially as shown unless othenv
noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36', mylar copy
the Site Plan as approved by the Planning Commission. The Site Plan shall refl
the conditions of approval by the City. The Plan copy shall be submitted to .
City Engineer and approved prior to building, grading, final map, or improveml
plan submittal, whichever occurs first.
3. This project is approved upon the express condition that building permits will 1
determines that sewer facilities are available at the time of application for SI
sewer permits and will continue to be available until time of occupancy.
be issued for development of the subject property unless the City Engin
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4. The applicant shall provide school fees to mitigate conditions of overcrowding
part of building permit application. These fees shall be based on the fee schedt
in effect at the time of building permit application.
5. This project shall comply with all conditions and mitigation required by t
1987, incorporated herein and on file in the Planning Department and any futl
amendments to the Plan made prior to the issuance of building permits.
6. If any condition for construction of any public improvements or facilities, or t
payment of any fees in lieu thereof, imposed by this approval or imposed by 1;
on this project are challenged this approval shall be suspended as provided
Government Code Section 65913.5. If any such condition is determined to
invalid this approval shall be invalid unless the City Council determines that 1
project without the condition complies with all requirements of law.
Zone 4 Local Facilities Management Plan approved by the City Council on June 1
7. Approval of this request shall not excuse compliance with all sections of 1
Zoning Ordinance and all other applicable City ordinances in effect at time
building permit issuance.
8. This approval shall become null and void if building permits are not issued for t
project within one year from the date of project approval.
9. This conditional use permit is granted for a period of 10 years. This conditio
use permit shall be reviewed by the Planning Director on a yearly basis
determine if all conditions of this permit have been met and that the use does :
have a significant detrimental impact on surrounding properties or the pul
health and welfare. If the Planning Director determines that the use has SI
significant adverse impacts, the Planning Director shall recommend that
Planning Commission, after providing the permittee the opportunity to be he;
add additional conditions to mitigate the significant adverse impacts. This per
may be revoked at any time after a public hearing, if it is found that the use
a significant detrimental affect on surrounding land uses and the public’s he:
and welfare, or the conditions imposed herein have not been met. This per
may be extended for a reasonable period of time not to exceed 10 years u] written application of the permittee made no less than 90 days prior to
expiration date, In granting such extension, the Planning Commission shall i
that no substantial adverse affect on surrounding land uses or the public’s he:
and welfare will result because of the continuation of the permitted use.
substantial adverse affect on surrounding land uses or the public’s health
welfare is found, the extension shall be considered as an original application
a conditional use permit. There is no limit to the number of extensions
Planning Commission may grant.
10. Prior to the issuance of the Conditional Use Permit there shall be a Noticc
Restriction placed on the Notice to this property subject to the satisfaction of
Planning Director notifying all interested parties and successors in interest that
City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 3
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on the real property owned by the declarant. Said Notice of Restriction shall nc
the property description, location of the file containing complete project detz
and all conditions of approval as well as any conditions or restrictions specified :
inclusion in the Notice of Restriction. The restrictions referred to in said not
may be modified or terminated only with the approval of the Planning Direct
Planning Commission or City Council of the City of Carlsbad whichever has fi~
decision authority for this project.
11. If the property owner/owners' address changes from that which is shown on 1
conditional use permit application, a notice of a change of address shall
reported, in writing, to the Planning Department within 30 days.
12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with ga
pursuant to City standards. Location of said receptacles shall be approved by I
Planning Director. Enclosure shall be of similar colors and/or materials to 1
project to the satisfaction of the Planning Director.
13. An exterior lighting plan including parking areas shall be submitted for Plannj
Director approval. All lighting shall be designed to reflect downward and avc
any impacts on adjacent homes or property.
14. No outdoor storage of material shall occur onsite unless required by the Fire Chj
In such instance a storage plan will be submitted for approval by the Fire Ck
and the Planning Director.
15. A uniform sign program for this development shall be submitted to the Plann
Director for his review and approval prior to occupancy of any building. S
location and design shall focus on neighborhood users versus regional users of i
project (Le., freeway oriented signs will not be permitted).
16. Building identification and/or addresses shall be placed on all new and exist:
buldings so as to be plaUy vlsible from the street or access road; color
identification and/or addresses shall contrast to their background color.
17. Prior to issuance of a grading or building permit, whichever comes first, a s(
report shall be prepared and submitted to the City of Carlsbad. If the soils rep
indicates the presence of potential fossil bearing material then a standard t
phased program, on file in the Planning Department, shall be undertaken to av
possible significant impacts on paleontological resources under the direction of
Planning Department.
18. This project is also approved under the express condition that the applicant I
the public facilities fee adopted by the City Council on July 28, 1987 and
amended from time to time, and any development fees established by the C
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or of
ordinance adopted to implement a growth management system or facilities :
improvement plan and to fulfill the subdivider's agreement to pay the pul
facilities fee dated July 28, 1992, a copy of which is on file with the City Clerk 2
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is incorporated by this reference. If the fees are not paid this application will n
be consistent with the General Plan and approval for this project will be void.
19. The developer will be responsible for all fees and deposits plus the major facilj
charge which will be collected at time of issuance of building permit. T
developer shall pay a San Diego County Water Authority capacity charge whi
will be collected at issuance of application for meter installation.
20. This project is approved upon the express condition that building permits will r
the development determines that adequate water and service is available at t
time of application for water service and will continue to be available until tir
of occupancy.
be issued for development of the subject property unless the water district semi
21. All roof appurtenances, including air conditioners, shall be architectura
integrated and concealed from view and the sound buffered from adjacc
properties and streets, in substance as provided in Building Department Polj
No. 80-6, to the satisfaction of the Directors of Planning and Building.
22. The applicant shall prepare a detailed landscape and irrigation plan which shall
submitted to and approved by the Planning Director prior to the issuance
grading or building permits, whichever occurs first.
23. The project is within the coastal zone and requires a Coastal Development Penr
24. As part of the plans submitted for building permit plan check, the applicant sh
include a reduced version of the approving resolution/resolutions on a 24" x C
blueline drawing. Said blueline drawing(s) shall also include a copy of a
applicable Coastal Development Permit and signed approved site plan.
25. If the property owner/owners' address changes from that which is shown on 1
conditional use permit application, a notice of a change of address shall
reported, in writing, to the Planning Department within 30 days.
26. All landscape plans shall be prepared to conform with the Landscape Manual a
submitted per the landscape plan check procedures on file in the Plak
Department.
27. Landscape plans shall be designed to minimize water use. Lawn and other zc
1 plants (see Landscape Manual) shall be limited to areas of special vis
importance or high use. Mulches shall be used and irrigation equipment E
design shall promote water conservation.
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28. The developer shall avoid trees that have invasive root systems, produce excess;
litter and/or are too large relative to the lot size.
29. Planter width shall be a minimum of four (4) feet, not including curb, footir
and/or other paving, and parking overhang.
30. Prior to final occupancy, a letter from a California licensed landscape architc
shall be submitted to the Planning Director certifying that all landscaping has be
installed as shown on the approved landscape plans.
31. The minimum shrub size shall be 5 gallons.
32. 30% of the approved trees shall be 24" box or greater.
Ennineering Conditions:
33. Unless a standards variance has been issued, no variance from City Standards
authorized by virtue of approval of this site plan.
34. The applicant shall comply with all the rules, regulations and design requireme)
of the respective sewer and water agencies regarding services to the project.
35. The applicant shall be responsible for coordination with S.D.G.&E., Pacific E
Telephone, and Cable TV authorities.
36. The applicant shall defend, indemnify and hold harmless the City and its ager
officers, and employees from any claim, action or proceeding against the City
its agents, officers, or employees to attack, set aside, void or null an approval
the City, the Planning Commission or City Engineer which has been brouj
against the City within the time period provided for by Section 66499.37 of I
Subdivision Map Act.
37. The owner of the subject property shall execute an agreement which holds the C
harmless regarding drainage across the adjacent property prior to approval of.
grading permit for this project.
21 38. Based upon a review of the proposed grading and the grading quantities shown
building permit for the project, a grading permit shall be obtained and grad 23 work be completed in substantial conformance with the approved grading pla
22 the site plan, a grading permit for this project is required. Prior to issuance c
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is unable to obtain the grading or slope easement, no grading permit will
easement is obtained from the owners of the affected properties. If the applic' 25
39. No grading shall occur outside the limits of the project unless a grading or slc
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issued. In that case the applicant must either amend the site plan or change t:
slope so grading will not occur outside the project site in a manner whi
substantially conforms to the approved site plan as determined by the C:
Engineer and Planning Director.
3 40. Prior to hauling dirt or construction materials to or from any propos
approval from the City Engineer for the proposed haul route. The applicant sh
regards to the hauling operation.
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comply with all conditions and requirements the City Engineer may impose wj 5
construction site within this project, the applicant shall submit to and recej
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in accordance with the Carlsbad Municipal Code and the City Engineer. Referer a
41. The developer shall exercise special care during the construction phase of tl
project to prevent offsite siltation. Planting and erosion control shall be provid
Chapter 11.06.
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10 42. Additional drainage easements may be required. Drainage structures shall
provided or installed prior to the issuance of grading or building permit as may
11 required by the City Engineer.
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43. The owner shall make an offer of dedication to the City for all easements requir:
by these conditions or shown on the site plan. The offer shall be made prior
issuance of any building permit for this project. All land so offered shall
granted to the City free and clear of all liens and encumbrances and without CI
to the City. Streets that are already public are not required to be rededicated
44. The applicant shall comply with the City's requirements of the National Pollut:
Discharge Elimination System (NPDES) permit. The applicant shall provide bl
management practices to reduce surface pollutants to an acceptable level prior
discharge to sensitive areas. Plans for such improvements shall be approved by I
City Engineer prior to issuance of grading or building permit, whichever occl
first.
45. The applicant shall remove and replace non-standard, damaged or misaligr
sidewalk and curb and gutter along the project frontage prior to issuance of
occupancy permit.
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46. The entire potable and non-potable water system/systems for subject project SI 23
Water Conditions:
be evaluated in detail to ensure that adequate capacity and pressure for domes
landscaping and fire flow demands are met.
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47. The developer's engineer shall schedule a meeting with the District Engineer an
the City Fire Marshal and review the preliminary water system layout prior 1
preparation of the water system improvement plans.
48. The developer will be responsible for all fees and deposits plus the major facili
charge which will be collected at time of issuance of building permit. Tl
developer shall pay a San Diego County Water Authority capacity charge whit
will be collected at issuance of application for meter installation.
49. This project is approved upon the express condition that building permits will n
be issued for development of the subject property unless the water district semi
the development determines that adequate water and service is available at tl
time of application for water service and will continue to be available until tin
of occupancy.
Fire Conditions:
50. Prior to the issuance of building permits, complete building plans shall
approved by the Fire Department.
51. Additional onsite public water mains and fire hydrants are required as determin
by the Fire Marshal.
52. Applicant shall submit a site plan to the Fire Department for approval, whi
depicts location of required, proposed and existing public water mains and fi
hydrants. The plan should include off-site fire hydrants within 200 feet of t
project.
53. Applicant shall submit a site plan depicting emergency access routes, drivew:
and traffic circulation for Fire Department approval.
54. An all weather, unobstructed access road suitable for emergency service vehic
shall be provided and maintained during construction. When in the opinion of 1
Fire Chief, the access road has become unserviceable due to inclement weather
other reasons, he may, in the interest of public safety, require that constructi
operations cease until the condition is corrected.
55. All required water mains, fire hydrants and appurtenances shall be operatio:
before combustible building materials are located on the construction site.
56. All security gate systems controlling vehicular access shall be equipped wit1
"Knox", key-operated emergency entry device. Applicant shall contact the E
Prevention Bureau for specifications and approvals prior to installation.
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57. An approved automatic fire sprinkler system shall be installed in buildings havi
1 an aggregate floor area exceeding l0,OOO square feet.
2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni
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Commission of the City of Carlsbad, California, held on the 18th day of November, 195
by the following vote, to wit:
AYES: Chairperson Erwin, Commissioners: Schlehuber, Schram
Noble, Welshons, Savary & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
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PLANNING DIRECTOR
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