HomeMy WebLinkAbout1996-08-07; Planning Commission; Resolution 3960r z e 0
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PLANNING COMMISSION RESOLUTION NO. 3960
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW AN EXPANSION
OF AN EXISTING TELEPHONE ELECTRONIC SWITCHING
FACILITY IN THE PLANNED INDUSTRIAL ZONE ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF CAMINO VIDA ROB.LE JUST WEST OF YARROW DRIVE
CASE NAME: PACIFIC BELL EXPANSION
CASE NO: CUP 154(C)
WHEREAS, Pacific Bell has filed a verified application with the City of C~J
which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Amendment as shown on Exhibits “A” -“E”, dated August 7, 1996, on file il
Planning Department and as provided by the conditions of approval of CUP 154(A
Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Plar
Commission did, on the 7th day of August 1996, hold a duly noticed public hearing to con
said application on property described as:
Lot 15 of Palomar Airport Business Park Unit No. 1, of Map
854 recorded December 31,1974, City of Carlsbad, County of
San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all testin
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to CUP 154(C).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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findings and subject to the following conditions: 2
B) That based on the evidence presented at the public hearing, the Comm
APPROVES Conditional Use Permit, CUP 154(C), based on the foll'
3 Findings:
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1. That the requested use is necessary or desirable for the development of the commun
essentially in harmony with the various elements and objectives of the General P1a1
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that: (1) the proposed expansion to the telephone elecl
switching facility will ensure that telephone service is available for new grow
the City; (2) the proposed telephone electronic switching facility is consistenl
General Plan policies related to Planned Industrial uses; and, (3) the pro]
project has been designed with compatible architecture and enhanced landscap
9 2. That the site for the intended use is adequate in size and shape to accommodate the u
that only 17% of the site will be covered with a structure and the site has
landscaping.
10 designed with adequate setbacks and parking and has been designed with enha
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3. That all the yards, setbacks, walls, fences, landscaping, and other features necessa
adjust the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that the proposed project meets all develop
standards of the PM Zone and the site has been designed and has been conditi I to provide and maintain adequate landscaping on the site.
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4. That the street system serving the proposed use is adequate to properly handle all t
generated by the proposed use, in that the traffic impacts of the telephone elect.
switching facility amount to approximately 25 trips per day, which is insignifica
5. The Planning Commission of the City of Carlsbad has reviewed, analyzed
considered Negative Declaration (dated June 18, 1996), the environmental im
therein identified for this project and any comments thereon prior to APPROVIN(
project. Based on the EIA Part I1 and comments thereon, the Planning Commi:
finds that there is no substantial evidence the project will have a significant effect o
environment and thereby APPROVES the Negative Declaration.
6. The Planning Commission finds that the project, as designed, is in conformance wit!
Elements of the City's General Plan, as the area has been hlly developed
compatible planned industrial developments.
24 7. The project is consistent with the City-Wide Facilities and Improvements Plan
25 applicable local facilities management plan, and all City public facility policies
ordinances since:
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a. The project has been conditioned to ensure that building permits will not be is
for the project unless the District Engineer determines that sewer servic
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available, and building cannot occur within the project unless sewer st
remains available, and the District Engineer is satisfied that the requireme:
the Public Facilities Element of the General Plan have been met insofar a:
apply to sewer service for this project.
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8.
b. All necessary public improvements have been provided or are requirt
conditions of approval.
c. The developer has agreed and is required by the inclusion of an appro]
condition to pay a public facilities fee. Performance of that contract and paJ
of the fee will enable this body to find that public facilities will be ava
concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or
construction tax, or development fees, and has agreed to abide by any addit
requirements established by a Local Facilities Management Plan prepared pursua
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabil:
public facilities and will mitigate any cumulative impacts created by the project.
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9. This project has been conditioned to comply with any requirement approved as part o
Local Facilities Management Plan for Zone 5.
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10. The project is consistent with the Comprehensive Land Use Plan (CLUP) fol
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant
record a notice concerning aircraft noise. The project is compatible with the projc
noise levels of the CLUP; and, based on the noise/land use compatibility matrix o
CLUP, the proposed land use is compatible with the airport, in that the project s:
located outside the 60 dBA CNEL noise contours for the airport and as such, the Pa
Bell telephone electronic switching facility is identified as a compatible use in
CLUP.
1 1. That the project is consistent with the City’s Landscape Manual, adopted by City COI
Resolution No. 90-384.
12. The existing use on the site (telephone electronic switching facility) was apprc
under a previous Conditional Use Permit CUP 154(A), Planning Commis
Resolution No. 3666. All conditions of the previously approved project ((
154(A), Resolution No. 3666) are superseded by Resolution No. 3960.
13. That the findings for additional height per Section 21.34.070(1) can be made and
Planning Director has administratively approved the additional one foot in hei
conditioned upon Planning Commission approval of CUP 154(C).
...
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PC RES0 NO. 3960 -3-
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Conditions:
Planning:
1. That Planning Commission does hereby approve the Conditional Use Permit f
Pacific Bell telephone electronic switching facility expansion project entitled “P
Bell Expansion”. Exhibits “A”-“E” on file in the Planning Departmenl
incorporated by this reference, dated August 7, 1996, are subject to the conditions 1
set forth. Staff is authorized and directed to make or require the Developer to ma
corrections and modifications to the documents, as necessary to make then inte
consistent and conform to Planning Commission’s final action on the PI
Development shall occur substantially as shown on the approved exhibits. Any pro
development substantially different from this approval shall require an amendment 1
approval. All conditions of CUP 154(A) are superseded by the conditions cont
herein.
2. The Developer shall comply with all applicable provisions of federal, state and
ordinances in effect at the time of building permit issuance.
3. The Developer shall provide the City with a reproducible 24” x 36” mylar copy (
Site Plan as approved by the final decision making body. The Site Plan shall refle
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map or improvement
submittal, whichever occurs first.
4. Building permits will not be issued for development of the subject property unles
District Engineer determines that sewer facilities are available at the time of applica
such sewer permits and will continue to be available until time of occupancy.
5. The Developer shall pay the facilities fee adopted by the City Council on July 28,
(amended July 2, 1991), and as amended from time to time, and any developmeni
established by the City Council pursuant to Chapter 21.90 of the Carlsbad Muni
Code or other ordinance adopted to implement a growth management system or Faci
and Improvement Plan and to fulfill the subdivider’s agreement to pay the p
facilities fee dated December 8, 1995, a copy of which is on file with the City Clerl
is incorporated by this reference. If the fees are not paid, this application will nc
consistent with the General Plan and approval for this project will be void.
6. This project shall comply with all conditions and mitigation measures which are req
as part of the Zone 5 Local Facilities Management Plan and any amendments mal
that Plan prior to the issuance of building permits.
7. Approval of CUP 154(C) is granted subject to the approval of Resolution No. 1
CUP 154(C) is subject to all conditions contained in Resolution No. 3959 fol
Negative Declaration.
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8. This Conditional Use Permit is granted for a period of 10 years, from August 7, I!
August 7,2006. This Conditional Use Permit shall be reviewed by the Planning Dj
on a yearly basis to determine if all conditions of this permit have been met and tl
use does not have a substantial negative effect on surrounding properties or the
health and welfare. If the Planning Director determines that the use has such subs
negative effects, the Planning Director shall recommend that the Planning Commi
after providing the permittee the opportunity to be heard, add additional conditic
reduce or eliminate the substantial negative effects. This permit may be revoked I
time after a public hearing, if it is found that the use has a substantial detrimental
on surrounding land uses and the public’s health and welfare, or the conditions im
herein have not been met. This permit may be extended for a reasonable period 0:
not to exceed 10 years upon written application of the permittee made no less th
days prior to the expiration date. The Planning Commission may not grant
extension, unless it finds that there are no substantial negative effects on surroundin1
uses or the public’s health and welfare. If a substantial negative effect on surrow
land uses or the public’s health and welfare is found, the extension shall be deni
granted with conditions which will eliminate or substantially reduce such effects. ‘
is no limit to the number of extensions the Planning Commission may grant.
9. Prior to the issuance of the building permit, Developer shall submit to the City a fi
of Restriction to be filed in the office of the County Recorder, subject to the satisfi
of the Planning Director, notifying all interested and successors in interest that the C
Carlsbad has issued a Conditional Use Permit by Resolution No. 3960 on tht
property owned by the developer. Said Notice of Restriction shall note the pro
description, location of the file containing complete project details and all conditio
approval as well as any conditions or restrictions specified for inclusion in the Noti
Restriction. The Planning Director has the authority to execute and record an amend
to the notice which modifies or terminates said notice upon a showing of good cau
the developer or successor in interest.
10. An exterior lighting plan including parking areas shall be submitted for Planning Dir
approval. All lighting shall be designed to reflect downward and avoid any impac
adjacent homes or property.
11. No outdoor storage of material shall occur onsite unless required by the Fire Chiej
such instance a storage plan will be submitted for approval by the Fire Chief anc
Planning Director.
12. The Developer shall prepare a detailed landscape and irrigation plan in conformance
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The 1
shall be submitted to and approval obtained from the Planning Director prior tc
approval of the final map, grading permit or building permit, whichever occurs first.
Developer shall construct and install all landscaping as shown on the approved plan5
maintain all landscaping in a healthy and thriving condition, free from weeds, trash
debris.
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13. The first submittal of detailed landscape and irrigation plan shall be accompanied l
project’s building, improvement and grading plans.
14. Prior to the issuance of building permits, the Developer shall prepare and record a 1.
that this property is subject to overflight, sight and sound of aircraft operating
McClellan-Palomar Airport, in a form meeting the approval of the Planning Direct(
the City Attorney (see Noise From #2 on file in the Planning Department).
15. Prior to the issuance of building or grading permits, whichever occurs firs
applicant shall submit a soils test/contamination report to the satisfaction (
Planning Director and City Engineer for the site. This will ensure compliancc
Condition No. 26 of Planning Commission Resolution No. 3689 approved for
154(B).
Engineering:
16. Prior to hauling dirt or construction materials to or from any proposed constructio
within this project, the Developer shall submit to and receive approval from the
Engineer for the proposed haul route. The Developer shall comply with all cond
and requirements the City Engineer may impose with regards to the hauling operatio]
17. The Developer shall pay all current fees and deposits required.
18. Prior to issuance of building permits, the applicant shall obtain a City right-of
permit to remove and replace the driveway apron on Camino Vida Roble.
Fire:
19. The applicant shall submit a site plan to the Fire Department for approval, which de
location of required, proposed and existing public water mains and fire hydrants.
plan should include off-site fire hydrants within 200 feet of the project.
20. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire spri:
systems and other fire protection systems shall be submitted to the Fire Departmer
approval prior to construction.
Water:
21. The entire potable water system, reclaimed water system and sewer system shal
evaluated in detail to insure that adequate capacity, pressure and flow demands ca
met.
22. The Developer shall be responsible for all fees, deposits and charges which wik
collected before and/or at the time of issuance of the building permit. The San D
County Water Authority capacity charge will be collected at issuance of applicatior
meter installation.
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23. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requiremen.,
obtain G.P.M. demand for domestic and irrigational needs from appro]
parties.
b. Prepare a colored reclaimed water use area map and submit to the Pla
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement pl;
meeting must be scheduled with the District Engineer for review, commen
approval of the preliminary system layouts and usages, i.e. GPM - EDU.
24. This project is approved upon the expressed condition that building permits will n
issued for development of the subject property unless the water district servinl
development determines that adequate water service and sewer facilities are availal
the time of application for such water service and sewer permits will continue 1
available until time of occupancy.
General
25. If any of the foregoing conditions fail to occur; or if they are, by their terms, t
implemented and maintained over time; if any of such conditions fail to b
implemented and maintained according to their terms, the City shall have the rig
revoke or modify all approvals herein granted; deny or further condition issuance (
future building permits; deny, revoke or further condition all certificates of occup
issued under the authority of approvals herein granted; institute and prosecute litigatil
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City’s approv
this Conditional Use Permit.
Standard Code Reminders:
26. The Developer shall pay a landscape plan check and inspection fee as required by SeI
20.08.050 of the Carlsbad Municipal Code.
27. This approval shall become null and void if building permits are not issued for
project within 18 months from the date of project approval.
28. Approval of this request shall not excuse compliance with all applicable sections 0:
Zoning Ordinance and all other applicable City ordinances in effect at time of buil
permit issuance, except as otherwise specifically provided herein.
29. The project shall comply with the latest non-residential disabled access requirem
pursuant to Title 24 of the State Building Code.
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30. All roof appurtenances, including air conditioners, shall be architecturally integrate
concealed from view and the sound buffered fiom adjacent properties and stree
substance as provided in Building Department Policy No. 80-6, to the satisfaction
Directors of Planning and Building.
3 1. All landscape and irrigation plans shall be prepared to conform with the Land,
Manual and submitted per the landscape plan check procedures on file in the Pla
Department.
32. Any signs proposed for this development shall at a minimum be designed in confom
with the City’s Sign Ordinance and shall require review and approval of the Pla
Director prior to installation of such signs.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla:
Commission of the City of Carlsbad, California, held on the 7th day of August 1996, b:
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Monroy, Nit
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
U MICHAEL J. HMZMILLER
Planning Director
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