HomeMy WebLinkAbout1996-03-06; Planning Commission; Resolution 38881
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PLANNING COMMISSION RESOLUTION NO. 3888
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT AMENDMENT TO
ALLOW INSTALLATION OF EIGHT (8) MOBILE
CLASSROOMS AND EXTENSION OF THE CUP AND
APPROVAL OF JOINT USE PARKING ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF PI0
PIC0 DRIVE BETWEEN TAMARACK AVENUE AND
MAGNOLIA AVENUE.
CASE NAME: ST. PATRICK'S SCHOOL CLASSROOM
ADDITION
CASE NO: CUP 204(C)
WHEREAS, Don Edson Architects (Developer), has filed a
application with the City of Carlsbad which has been referred to the Planning Coml.
and
WHEREAS, said verified application constitutes a request for a Con1
Use Permit Amendment and Extension as shown on Exhibits "A"-"B" dated March 1
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 21st day of February, 1996, and the 6th day of March, 199
a duly noticed public hearing to consider said application on property owned by the
Catholic Bishop of San Diego (Owner), and described as:
That portion of Tract 236 in Thum Lands in City of Carlsbad,
County of San Diego, according to Map 1681 filed December
14, 1915.
WHEREAS, at said public hearing, upon hearing and considering all teL
and arguments, if any, of all persons desiring to be heard, said Commission considc
factors relating to CUP 204(C).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI
Commission of the City of Carlsbad as follows:
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1 A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Com
APPROVES Conditional Use Permit Amendment, CUP 204(C), base(
following findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the Negative Declaration (P Commission Res;olution No, 3887) reflects the independent judgment of the P
Commission of the City of Carlsbad.
8 2. The Planning Commission finds that all feasible mitigation measures wl
appropriate to this Subsequent Project have been incorporated in this Sub 9 Project.
lo 11 3. The Planning Commission finds that the project, as conditioned herei
11 I/ conformance with the Elements of the City's General Plan, based on the fc
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a. Land Use - Church/school uses are allowed conditional uses in the C'
R-1 zones, and this project is an expansion of the existing school us
b. Circulation - The project has been conditioned to pay a traffic impac
the additional 263 ADT expected to be generated by the proposed ad
classrooms, and the surrounding streets are adequate to handle the (
traffic.
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18 ordinances since:
4. The Project is consistent with the City-Wide Facilities and Improvements I
applicable local facilities management plan, and all City public facility poli
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a. The Project has been conditioned to ensure that building permits wi
issued for the project unless the District Engineer determines th;
service is available, and building cannot occur within the Project unle
service remains available, and the District Engineer is satisfied
requirements of the Public Facilities Element of the General Plan h;
met insofar as they apply to sewer service for this Project.
b. All necessary public improvements have been provided or are req
conditions of approval.
5. This Project has been conditioned to comply with any requirement approve1
of the Local Facilities Management Plan for Zone 1.
6. That the requested use is necessary or desirable for the developmen
community, is essentially in harmony with the various elements and objectiv
General Plan, and is not detrimental to existing uses specifically permitte
zone in which the proposed use is located, in that the proposed modular u 1 11 PC RES0 NO. 3888 -2-
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be placed on the interior of the existing site where they will not be visible f
south, east, or west of the church/campus property. The units will be visit
the interior (parking area) of the property to the north. However, that I
contains a similar use (a church/school campus) and also includes similar I
classroom units.
7. That the site for the intended use is adequate in size and shape to accommol
use, in that the project will provide adequate setbacks from the neighboring 1
and adequate distances between structures, and sufficient parking will be I
on site to accommodate the anticipated parking demand.
8. That all the yards, setbacks, walls, fences, landscaping, and other features n
to adjust the requested use to existing or permitted future uses in the neigh1
will be provided and maintained, in that adequate setbacks, walls, and lanc
are being provided and maintained, and no new walls, fences, landscaping,
features will be required.
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traffic impact fee for additional trips to be generated by the addition classroc 12
9. That the street system serving the proposed use is adequate to properly h;
traffic generated by the proposed use, in that the project is conditioned
all existing access to the site will be maintained. 13
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exactions are imposed to mitigate impacts caused by or reasonably relate 15
10. The Planning Commission has reviewed each of the exactions imposed
Developer contained in this resolution, and hereby finds, in this case,
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project, and the extent and the degree of the exaction is in rough proportio
the impact caused by the project.
Planning Conditions:
1. The Planning Commission does hereby approve CUP 204(C) for tl
Amendment Project entitled "St. Patrick's School Classroom Addition", date
6,1996, (Attachments "A" - "B" attached hereto and incorporated by this rei
subject to the conditions herein set forth. Staff is authorized and directed
or require the Developer to make all corrections and modifications
Conditional Use Permit Amendment Documents, as necessary to mal
internally consistent and conform to Planning Commission's final actior
Project. Development shall occur substantially as shown on the approved
Any proposed development substantially different from this approval, shal
an amendment to this approval. The conditions of approval contained
resolution supersede all previous conditions of approval.
2. This project is approved subject to the approval of SDP 96-02 (Planning Con
Resolution No. 3904).
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3. The Developer shall comply with all applicable provisions of federal, state, 1
ordinances in effect at the time of building permit issuance.
PC RES0 NO. 3888 -3-
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4. The Developer shall provide the City with a reproducible 24" x 36", mylar coy
Site Plan as approved by the Planning Commission. The Site Plan shall rel
conditions of approval by the City. The Plan copy shall be submitted to '
Engineer and approved prior to building, grading, final map, or improvemc
submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any pen
check, a reduced, legible version of the approving resolution/resolutions on
36" blueline drawing. Said blueline drawing(s) shall also include a copq
applicable Coastal Development Permit and signed approved site plan.
6. Building permits will not be issued for development of the subject proper1
the District Engineer determines that sewer facilities are available at the
application for such sewer permits and will continue to be available until
occupancy.
7. This Project shall comply with all conditions and mitigation measures w
required as part of the Zone 1 Local Facilities Management Plan i
amendments made to that Plan prior to the issuance of building permits.
8. This Conditional Use Permit is granted for a period of five (5) years, until I
2001. This Conditional Use Permit shall be reviewed by the Planning Dir
a yearly basis to determine if all conditions of this permit have been met and
use does not have a substantial negative affect on surrounding propertie
public health and welfare. If the Planning Director determines that the use
substantial negative effects, the Planning Director shall recommend that the 1
Commission, after providing the permittee the opportunity to be he2
additional conditions to reduce or eliminate the substantial negative effec
permit may be revoked at any time after a public hearing, if it is found thal
has a substantial detrimental affect on surrounding land uses and the public
and welfare, or the conditions imposed herein have not been met. This per
be extended for a reasonable period of time not to exceed ten (10) ye;
written application of the permittee made no less than 90 days prior to the er
date. The Planning Commission may not grant such extension, unless it fi
there are no substantial negative affects on surrounding land uses or the
health and welfare. If a substantial negative affect on surrounding land us(
public's health and welfare is found, the extension shall be denied or gran
conditions which will eliminate or substantially reduce such effects. There is
to the number of extensions the Planning Commission may grant.
9. The Owner shall report, in writing, to the Planning Director within 30 c
address change from that which is shown on the conditional use permit apy
10. Prior to the issuance of the building permit, Owner shall submit to the City
of Restriction to be filed in the office of the County Recorder, subjec
satisfaction of the Planning Director notifying all interested parties and succ
interest that the City of Carlsbad has issued a Conditional Use Permit Am
by Planning Commission Resolution No. 3888 on the real property owne
PC RES0 NO. 3888 -4-
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declarant. Said Notice of Restriction shall note the property description, loc
the file containing complete project details and all conditions of approval a!
any conditions or restrictions specified for inclusion in the Notice of Restricti
City's final decisionmaker for the project has the authority to allow the deve
execute and record an amendment to the notice which modifies or termin:
notice upon a showing of good cause.
11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall w
pursuant to City standards. Location of said receptacles shall be approve
Planning Director. Enclosure shall be of similar colors and/or material
project to the satisfaction of the Planning Director.
12. No outdoor storage of material shall occur onsite unless required by the Fi:
In such instance a storage plan will be submitted for approval by the Fire C
the Planning Director.
13. Prior to approval of the building permit, the Developer shall receive apprc
Coastal Development Permit issued by the California Coastal Commiss
substantially conforms to this approval. A signed copy of the Coastal Deve
Permit must be submitted to the Planning Director. If the approval is subs
different, an amendment to Conditional Use Permit 204(C) shall be requiI
14. There are a total of 234 parking spaces provided on the site. The Own
regulate the usage of the various facilities on the site such that the m
parking demand on the site does not exceed the parking available.
15. All landscaped areas shall be maintained in a healthy and thriving conditl
from weeds, trash, and debris.
16. The Owner shall obtain approval of a Traffic Circulation Plan by the City 1
within 60 days of this approval and shall implement such approved plan P
days of its approval.
17. The Owner shall develop and' obtain Planning Director approval of, a
encourage ridesharing for the various uses on the subject campus within 6(1
this approval and shall implement such approved plan within 30 day
approval.
Engineering Conditions:
18. Prior to building permit issuance for each modular classroom unit, the a
shall pay traffic impact fees based on an additional 33 Average Daily Traffi
per modular unit. This is based upon a total of 263 additional ADT to be g(
by the total of eight modular classrooms.
19. Prior to building permit issuance for each modular classroom unit, the a
shall pay sewer capacity fees based on an addition 0.15 Equivalent Dwell
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(EDU) per modular unit. This is based upon a total of 1.2 additional ED1
generated by the total of eight modular classroom units.
20. Prior to building permit issuance for each modular classroom unit, the a:
shall pay water connection fees based on an addition 0.15 Equivalent Dwellj
(EDU) per modular unit. This is based upon a total of 1.2 additional ED1
generated by the total of eight modular classroom units.
General Conditions:
21. If any of the foregoing conditions fail to occur, or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have 1
to revoke or modify all approvals herein granted, deny or further condition
of all future building permits, deny, revoke or further condition all certif
occupancy issued under the authority of approvals herein granted, instil
prosecute litigation to compel their compliance with said conditions or seek I
for their violation. No vested rights are gained by Developer or a succ
interest by the City’s approval of this Resolution.
Standard Code Reminders:
This Project is subject to all applicable provisions of local ordinances, including
limited to the following code requirements.
22. This approval shall become null and void if building permits are not issuec
project within 18 months from the date of project approval. (Issuance of
building permit satisfies this condition.)
23. Approval of this request shall not excuse compliance with all applicable sei
the Zoning Ordinance and all other applicable City ordinances in effect a1
building perrnit issuance, except as otherwise specifically provide herein.
24. The project shall comply with the latest non-residential disabled access requl
pursuant to Title 24 of the State Building Code.
25. All roof appurtenances, including air conditioners, shall be architecturally in
and concealed from view and the sound buffered from adjacent proper
streets, in substance as provided in Building Department Policy No. 80-(
satisfaction of the Directors of Planning and Building.
26. Compact parking spaces shall be located in large groups, and in locations an
marked to the satisfaction of the Planning Director.
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.... I PC RES0 NO. 3888 -6-
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1.
PASSED, APPROVED, AND ADOPTED at a regular meeting of t
Planning Commission of the City of Carlsbad, California, held on the 6th day of
1996, by the following vote, to wit:
AYES: Chairperson Compas, Commissioners Erwin, Monroy, 1
Noble, Savary, and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
WILLIAM COMPAS, Chai$erson
CARLSBAD PLANNING COMMISSION
ATTEST:
- MICHAEL J. HOLMILLER
Planning Director
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