HomeMy WebLinkAbout1995-10-04; Planning Commission; Resolution 37971
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PLANNING COMMISSION RESOLUTION NO. 3797
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
CONTINUED OPERATION OF A PRIVATE SCHOOL ON
PROPERTY GENERALLY LOCATED EAST AND WEST
OF CARLSBAD BOULEVARD BETWEEN MOUNTAIN
VIEW DRIVE AND BEECH AVENUE.
CASE NAME: ARMY AND NAVY ACADEMY
CASE NO: CUP 94-02
WHEREAS, the Army and Navy Academy has a verified application F
MASTER SITE PLAN
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conc
Use Permit as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the P
Commission did, on the 6th day of September, 1995, and the 4th day of October, 19!
a duly noticed public hearing to consider said application on property described a$
Lot 46 and a Portion of Lot 47 of Granville Park According to Map Thereol
No. 1782, February 21,1924; Lots 58-73,75,76, 94-96,98-101, 102-130, 131,
153-170,177-198 Inclusive of Granville Park No. 2, According to Map Thereol
No. 2037, June 18, 1927; A Portion of Block 3 of Town Carlsbad, According
to Map Thereof No. 755, February 15, 1894; That Portion of Block 1 and 2
of Oceanside Addition To Carlsbad, According to Map Thereof No. 893, April
8, 1903; That Portion of Lot 1, Block "A" of Hayes Land Company Additior
to Carlsbad, According to Map Thereof No. 1221, November 4,1909; all Filec
in the Office of the County Recorder of San Diego County, and all in the CiQ
of Carlsbad, County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all te;
and arguments, if any, of all persons desiring to be heard, said Commission consid
factors relating to CUP 94-02.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Com
APPROVES Conditional Use Permit, CUP 94-02, based on the following findi
subject to the following conditions:
Findings:
1. The Planning Commission finds that the project will have no significant im
the environmental, and approves the Negative Declaration for the project.
2. That the requested use is necessary or desirable for the development
community, is essentially in harmony with the various elements and objective
general plan, and is not detrimental to existing uses or to uses specifically pe
in the zone in which the proposed use is to be located since the use is: a) cor
necessary and desirable to satisfy the educational needs of students
community; b) the architecture and size of some of the school's buildin
residential characteristics which make them compatible with surrounding res
land uses; c) the circulation system is adequate to accommodate the land u
d) the school has successfully coexisted with the surrounding res
neighborhood since 1937.
e) The project is in conformance with the Elements of the City's Gener:
based on the following:
1. Land Use - A private school is a permitted conditional use in the R
with a Conditional Use Permit;
2. Circulation - The project would provide roadway and frontage improv
and there would be no operational deficiencies at intersections and r(
serving the project;
3. Open Space and Conservation - Based on an archaeological sur
historical inventory, the project would not significantly impact 1
resources.
3. That the site for the intended use is adequate in size and shape to accommoc
use, in that all the proposed future building envelopes and facilities mc
policies and standards, including parking requirements, landscaping guidelil
building setbacks and lot coverage. All future construction will require ad
discretionary review to determine compliance with public facility impro
grading, and building standards, in addition to compliance with the
architectural design guidelines.
4. All of the yards, setbacks, walls, fences, landscaping, and other features necx
adjust the requested use to existing or permitted future uses in the neighborh
be provided and maintained as illustrated on the approved Exhibits "A - "JW
the underlying zone code standards are required to be met, and are augmt
PC RES0 NO. 3797 -2-
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adopted Design Guidelines and a conceptual Landscape Plan to control the 1
and consistency of the development through the future buildout of the si
recreational building will be lowered below Ocean Street to create ocean view
the street and campus, and landscaping is provided to visually screen parking
and enlhance the surrounding public streets and areas within the site.
5. That the street system serving the proposed use is adequate to properly har
traffic generated by the proposed use in that there will be an increase in the n
of public parking spaces, roadway operations and level of service will
negatively impacted, and pedestrian circulation and safety will be improved
the addition of curbs and sidewalks along all street frontages including - C
Avenue, Mountain View Drive, Pacific Avenue, Ocean Street, and Beech P
With the addition of onsite parking, the private school will result in an actu
of onstreet public parking spaces currently utilized by the SchooPs students,
and staff.
6. The project is consistent with the City-Wide Facilities and Improvements P1
applicable local facilities management plan, and all City public facility polic
ordinances since:
The project has been conditioned to ensure that building permits will not be
for the project unless the District Engineer determines that sewer service is av;
and building cannot occur within the project unless sewer service remains av;
and the District Engineer is satisfied that the requirements of the Public F;
Element of the General Plan have been met insofar as they apply to sewer
for this project.
7. All necessary public improvements have been provided or are required as con
of approval.
8. This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 1.
9. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case, tl
exactions are imposed to mitigate impacts caused by or reasonably related
project, and the extent and the degree of the exaction is in rough proportion
the impact caused by the project.
Planning Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit
Private School "Army and Navy Master Site Plan". (Exhibits "A - "J" on filt
Planning Department and incorporated by this reference, dated September 6
subject to the conditions herein set forth. Staff is authorized and directed tl
or require the Developer to make all corrections and modifications to the conc
use permit documents, as necessary to make them internally consistent and c
to Planning Commission's final action on the Project. Development shal
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substantially as shown on the approved exhibits. Any proposed devel
substantially different from this approval, shall require an amendment
approval.
2. Approval of CUP 94-02 is granted subject to: 1) Approval of the F
Declaration, Resolution No. 3796; and 2) Housing and Redevelopment Corn
approval of RP 94-02, and CDP 94-02. CUP 94-02 is subject to all co
contained in Design Review Board Resolution No. 233 and 234 for RP 94
CDP 94-02.
3. This Conditional Use Permit is granted for a period of ten years. This Con
Use Permit shall be reviewed by the Planning Director on a yearly basis to de
if all conditions of this permit have been met and that the use does not
substantial negative effect on surrounding properties or the public health and 1
If the Planning Director determines that the use has such substantial negative
the Planning Director shall recommend that the Planning Commissio:
providing the permittee the opportunity to be heard, add additional condi
reduce or eliminate the substantial negative effects. This permit may be re\
any time after a public hearing, if it is found that the use has a SUE
detrimental effect on surrounding land uses and the public's health and we1
the conditions imposed herein have not been met. This permit may be exte~
a reasonable period of time not to exceed ten years upon written applicatio
permittee made no less than 90 days prior to the expiration date. The E
Commission may not grant such extension, unless it finds that there
substantial negative effects on surrounding land uses or the public's hea
welfare. If a substantial negative effect on surrounding land uses or the
health and welfare is found, the extension shall be denied or granted with co
which will eliminate or Substantially reduce such effects. There is no limi
number of extensions the Planning Commission may grant.
4. Prior to issuance of any grading or building permit, whichever occurs f
development shown within the R-3 Zone on the master site plan, the develop
obtain an individual permit and/or an amendment to this permit CUP 94-
development shall be consistent with the adopted master site plan, the
Guidelines (Exhibit "J"), and the conceptual landscape plan (Exhibit "I":
Design Guidelines, Exhibit "J" shall be amended to state that the implemc
and interpretation of the Design Guidelines shall also be subject to the re\
approval of the City3 final decision-maker for all applicable development."
5. Prior to approval of grading or building permits, whichever occurs fi
Developer shall receive approval of a Coastal Development Permit issuet
California Coastal Commission that substantially conforms to this approval. 1
copy of the Coastal Development Permit must be submitted to the Planning I
If the approval is substantially different, an amendment to CUP 94-02 ~
required.
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Engineering Conditions:
6. The future building development of the Army/Navy Academy may be accomE
in the order shown on exhibit "G" labeled "Phasing Plan," dated September 6,
Plans, specifications, and supporting documents for all public improvement
be prepared to the satisfaction of the City Engineer. Prior to issuance 1
grading or building permits for the construction of any facilities within a
phase, the applicant shall install, or agree to install and secure with apprc
security as provided by law, improvements shown on the site plan, which coni
the following:
Public Improvement Phasing Program
Phase A - North side of Cmress Avenue
1. Half street improvements to Cypress Avenue from Carlsbad Boulev
Garfield Street.
2. Relocate utility pole 16 as needed.
Phase A - South side of Cmress Avenue
1. Half street improvements to Cypress Avenue from the most easterly PI
line to Gadield Street.
2. Half street improvements to Garfield Street from Cypress Avenue to th
southerly property line.
3. Underground utility segment 15.
4. Relocate utility pole 13 as needed.
Phase 1 - At Carlsbad Boulevard and Mountain View Drive
1. Half street improvement to the west side of Carlsbad Boulevard frc
northerly property line to Mountain View Drive.
2. Relocate utility pole 20 as needed.
3. Half street improvement to the north side of Mountain View Driv
Carlsbad Boulevard to the most westerly property line (i.e., to the E
westerly boundary line).
Phase B
I. Half street improvements to the east side of Ocean Street from Pacific A
to Cypress Avenue.
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2. Underground utility segments 9 through 11.
3. Relocate utility pole 10 as needed.
4. Half street improvements to the south side of Pacific Avenue from
Street to Garfield Street.
5. Underground utility segments 7 and 8.
6. Relocate utility pole 5 as needed.
Phase C
1. Half street Improvements to the west side of Ocean Street from
Avenue to Cypress Avenue.
Phase D
1. Half street improvement to the north side of Beech Avenue along the
frontage.
2. Underground utility segments 22 and 23.
Phase E - Fronting Garfield Street
1. Half street improvements to Garfield Street from Cypress Avenue
southerly property line.
2. Underground utility segments 14 and 17.
Phase E - Fronting Ocean Street
1. Half street improvements to Ocean Street along the project frontage
2. Underground utility segments 12 and 13.
Phase F
1. Half street improvements to the south side of Pacific Avenue from (
Street to Mountain View Drive.
2. Underground utility segments 4, 6, 18, 19 and 20.
3. Relocate utility pole 1 as needed.
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PC RES0 NO. 3797 -6-
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Phase G
1. Half street improvements to Mountain View Drive from Carlsbad Bo
to Pacific Avenue.
2. Underground utility segments 2,3 and 21 an the utility line from p
pole 20.
Phase H
I. Underground utility segment 1.
2. Complete items 1 through 3 of Phase F if not already completed.
Phase J
1. Underground utility segment 24.
Concurrent with any development of the site, the phase 1 portion of the par1
shall be constructed along with items 1 through 3 of the Phase 1 - At C
Boulevard and Mountain View Drive improvements.
In accordance with the above Public Improvement Phasing Progral
improvements shall include but not be limited to the following:
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Concrete curb, gutter and sidewalk.
Asphalt/Concrete or Concrete roadway pavement widening.
Installation of handicap ramps.
Storm Drain facility improvements.
Sewer facility improvements.
Water facility improvements.
Installation of Street Light Standards.
Installation of Fire Hydrants.
Improvements listed above shall be constructed within 18 months of approva
secured improvement agreement or such other time as provided in said agrc
Fire Conditions:
7. Prior to the issuance of building permits, the Fire Department shall evaluate E
plans for conformance with applicable fire and life safety requirements of tl
and local Fire Codes.
8. Provide additional public fire hydrants at intervals of 300 feet along public
and private driveways. Hydrants should be located at street Intersection
possible, but should be positioned no closer than 100 feet from terminus of
or driveway.
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9. Applicant shall submit a site plan to the Fire Department for approval, which
location of required, proposed and existing public water mains and fire @
The plan should include offsite fire hydrants within 200 feet of the project.
10. Applicant shall submit a site plan depicting emergency access routes, drivew
traffic circulation for Fire Department approval.
11. An all-weather, unobstructed access road suitable for emergency service vehic
be provided and maintained during construction. When in the opinion of '
Chief, the access road has become unserviceable due to inclement weather I
reasons, he may, in the interest of public safety, require that construction op
cease until the condition is corrected.
12. All required water mains, fire hydrants and appurtenances shall be operationa
combustible building materials are located on the construction site.
13. Prior to final inspection, all security gate systems controlling vehicular access
equipped with a ttKnox", key-operated emergency entry device. Applica
contact the Fire Prevention Bureau for specifications and approvals 1
installation.
14. Prior to building occupancy, private roads and driveways which serve as r
access for emergency service vehicles shall be posted as fire lanes in accordal
the requirements of Section 17.04.020 of the Carlsbad Municipal Code.
15. All buildings having an aggregate floor area in excess of 10,000 square feet :
protected by automatic fire sprinkler systems. Plans and specifications I
approved by the fire department, and a permit obtained prior to installatio
Water Conditions:
16. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to ensure that adequate capacity, pressure and flow dema
be met.
17. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. 7
Diego County Water Authority capacity charge will be collected at issu;
application for meter installation.
18. Sequentially, the Developers Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire prc
requirements. Also obtain GPM demand for domestic and irrigation;
from appropriate parties.
B. Prepare a colored reclaimed water use area map and submit to the P
Department for processing and approval.
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C. Prior to the preparation of sewer, water and reclaimed water improT
plans, a meeting must be scheduled with the District Engineer for :
comment and approval of the preliminary system layouts and usage
GPM-EDU).
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development determines that adequate water service and sewer facilities are av 5
19. This project is approved upon the expressed condition that building permits v
be issued for development of the subject property unless the water district serv
at the time of application for such water service and sewer permits will contj 6 be available until time of occupancy. This note shall be placed on the final
7 )I Code Reminders:
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9 limited to the following code requirements.
The project is subject to all applicable provisions of local ordinances, including t
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20. Approval of this request shall not excuse compliance with all applicable sed
the Zoning Ordinance and all other applicable City ordinances in effect at t
building permit issuance, except as otherwise specifically provide herein.
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PASSED, APPROVED, AND ADOPTED at a regular meetiq
Planning Commission of the City of Carlsbad, California, held on the 4th day of 1
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Erwin,
Noble and Savary.
NOES: None
ABSENT: Commissioner Monroy
ABSTAIN: None
ATTEST:
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSI(
MICHAEL J. HOLZ~LER
Planning Director
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