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HomeMy WebLinkAbout1995-10-04; Planning Commission; Resolution 37971 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 0 0 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: I 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 0 0 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- 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 I 0 0 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 PC RES0 NO. 3797 -3- 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 0 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. I .... PC RES0 NO. 3797 -4- 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 e 0 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. PC RES0 NO. 3797 -5- ll 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 I 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. I 1 .... .... PC RES0 NO. 3797 -6- 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 0 0 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: * * * 0 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. PC RES0 NO. 3797 -7- I 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 0 e 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. PC RES0 NO. 3797 -8- 1 2 3 i ~ e e 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). 4 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: 8 9 limited to the following code requirements. The project is subject to all applicable provisions of local ordinances, including t lo 11 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. .I2 /I 13 14 **'* .... 15 I( .... 16 17 18 19 20 1 **** I L... 1 ' .... I *.'* 21 II .... 22 .... 23 .... 24 25 26 .... .... 27 28 .... .... PC RES0 NO. 3797 -9- II . 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 0 e 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 1 1 PC RES0 NO. 3797 -10-