HomeMy WebLinkAbout1996-08-07; Planning Commission; Resolution 39670 0
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PLANNING COMMISSION RESOLUTION NO. 3967
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFCSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE TEMPORARY
STORAGE AND IMPOUNDING OF SEIZED VEHICLES ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
AVENIDA ENCINAS AND SOUTH OF PALOMAR AIRPORT
ROAD.
CASE NAME: CONTRACT SERVICES
CASE NO.: CUP 96-08
WHEREAS, TRAPIKS, Inc. has filed a verified application with the Cj
Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit as shown on Exhibits “A” - “D”, dated August 7, 1996, on file in the Carlsbad Pla
Department, and as provided by Chapters 21.42 and 21.50 of the Carlsbad Municipal Code;
WHEREAS, pursuant to the provisions of the Municipal Code, the Plsu
Commission did, on the 7th day of August 1996, hold a duly noticed public hearing to cor
said application on property described as:
Parcel 3 of Parcel Map No. 6693 as recorded on December 23,
1977 in the County of San Diego, California. File No. 77-
531486.
WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa1
relating to CUP 96-08.
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.
B) That based on the evidence presented at the public hearing, the Commis
APPROVES Conditional Use Permit, CUP 96-08, based on the folio\
findings and subject to the following conditions:
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Findines:
1. That the requested use is necessary or desirable for the development of the commur
essentially in harmony with the various elements and objectives of the General PL
is not detrimental to existing uses specifically permitted in the zone in whic
proposed use is located, in that the proposed use can adequately function at
proposed site without creating conflicts with adjacent industriaVoffice uses o
existing or future permitted uses given the General Plan designations in the are
addition, the use will complement the efforts and operations of various local,
and federal law enforcement agencies and entities by providing the impoundins
storage service for seized vehicles.
2. That the site for the intended use is adequate in size and shape to accommodate the I
that the storage/impounding space requirements of Contract Services ca
provided while still parking the respective officelwarehouse components o
existing buildings at the appropriate parking ratios and maintaining all nece
circulation and emergency vehicle accessways.
3. That all the yards, setbacks, walls, fences, landscaping and other features necessi
adjust the requested use to existing or permitted hture uses in the neighborhood M
provided and maintained, in that the site is existing with two buildings, a parkir
area and perimeter landscaping, all of which will be maintained by the appli
Screening of the site will be monitored via the CUP process and will be achievc
a combination of fencing, landscaping and existing building locations and g
situations.
4. That the street system serving the proposed use is adequate to properly handle all t
generated by the proposed use, in that the Avenida Encinas street system is adec
to serve the site and the proposed use. Being at the terminus of a private panhi
access road, the activity associated with this use will be confined and out of are
potential conflict with the users and vehicles associated with adjacent indu!
office uses and public street system users.
5. The Planning Commission of the City of Carlsbad has reviewed, analyzed
considered the Negative Declaration for the conditional use permit approval 01
proposed temporary storage of seized vehicles, the environmental impacts th
identified for this project and any comments thereon prior to APPROVING the prc
Based on the EIA Part I1 and comments thereon, the Planning Commission find5
there is no substantial evidence the project will have a significant effect or
environment and thereby APPROVES the Negative Declaration.
6. The Planning Commission finds that the project, as conditioned herein for CUP 94
is in conformance with the Elements of the City's General Plan, based on the followil
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a. Land Use - The proposed use will assist law enforcement activitil
providing a use specializing in the temporary storage of seized vehicles.
use is allowed via CUP approval in any zone in the City except residenti
b. Circulation - The Avenida Encinas public street system serving the
adequate to handle all traffic expected to be generated by the use; an
use will not conflict with existing or future potential on-site in1
circulation patterns.
7. The project is consistent with the City-Wide Facilities and Improvements Pla
applicable local facilities management plan and all City public facility policie
ordinances since:
a. The project has been conditioned to ensure the building permits will not be j
for the project unless the District Engineer determines that sewer semi
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.
b. All necessary public improvements have been provided or are requirl
conditions of approval.
8. 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 addil
requirements established by a Local Facilities Management Plan prepared pursu:
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availabil
public facilities and will mitigate any cumulative impacts created by the project.
9. This project has been conditioned to comply with any requirement approved as part (
Local Facilities Management Plan for Zone 3.
Conditions:
Planning:
1. The Planning Commission does hereby approve the Conditional Use Permit fc
seized vehicle storage and impounding project entitled “Contract Services”. (EA
“A” - “D” on file in the Planning Department and incorporated by this reference,
August 7, 1996), subject to the conditions herein set forth. Staff is authorize(
directed to make or require the Developer to make all corrections and modifications 1
Conditional Use Permit documents, as necessary to make them internally consisten
conforrn to the Planning Commission’s final action on the project. Development
occur substantially as shown on the approved exhibits. Any proposed develop
substantially different from this approval, shall require an amendment to this approvs
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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 reflc
conditions of approval by the City. The plan copy shall be submitted to thc
Engineer and approved prior to building, grading, final map or improvemenl
submittal, whichever occurs first.
4. The Developer shall include, as part of the plans submitted for any permit plan chc
reduced legible version of the approving resolution on a 24” x 36” blueline dra
Said blueline drawing(s) shall also include a copy of any applicable Coastal DeveloI
Permit and signed approved site plan.
5. Building permits will not be issued for development of the subject property unle,
District Engineer determines that sewer facilities are available at the time of applic
for such sewer permits and will continue to be available until time of occupancy.
6. The Developer shall pay the public facilities fee adopted by the City Council on Ju
1987, (amended July 2, 1991) and as amended from time to time, and any develol
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mun
Code or other ordinance adopted to implement a growth management system or Fac
and Improvement Plan and to fulfill the subdivider’s agreement to pay the I
facilities fee dated May 1, 1996, a copy of which is on file with the City Clerk s
incorporated by this reference. If the fees are not paid, this application will n
consistent with the General Plan and approval for this project will be void.
7. This project shall comply with all conditions and mitigation measures which are rec
as part of the Zone 3 Local Facilities Management Plan and any amendments ms
that Plan prior to the issuance of building permits.
8. This Conditional Use Permit is granted for a period of 5 years, or from August 7,
to August 7, 2001. This Conditional Use Permit shall be reviewed by the Pla~
Director on a yearly basis to determine if all conditions of this permit have been me
that the use does not have a substantial negative effect on surrounding properties I
public health and welfare. If the Planning Director determines that the use has
substantial negative effects, the Planning Director shall recommend that the P1a1
Commission, after providing the permittee the opportunity to be heard, add add?
conditions to reduce or eliminate the substantial negative effects. This permit mi
revoked at any time after a public hearing, if it is found that the use has a subst
detrimental effect on surrounding land uses and the public’s health and welfare, (
conditions imposed herein have not been met. This permit may be extended
reasonable period of time not to exceed 5 years upon written application of the pern
made no less than 90 days prior to the expiration date. The Planning Commission
not grant such extension, unless it finds that there are no substantial negative effec
surrounding land uses or the public’s health and welfare. If a substantial negative t
on surrounding land uses or the public’s health and welfare is found, the extension
be denied or granted with conditions which will eliminate or substantially reduce
PC RES0 NO. 3967 -4-
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effects. There is no limit to the number of extensions the Planning Commissior
grant.
9. The Developer shall report, in writing, to the Planning Director within 30 day!
address change from that which is shown on the conditional use permit application.
10. Prior to the issuance of the Certificate of Occupancy and Business License, Devc
shall submit to the City a Notice of Restriction to be filed in the office of the Ct
Recorder, subject to the satisfaction of the Planning Director, notifying all inte~
parties and successors in interest that the City of Carlsbad has issued a Conditiona
Permit by Resolution No. 3967 on the real property owned by the Developer.
Notice of Restriction shall note the property description, location of the file conti
complete project details and all conditions of approval as well as any conditio
restrictions specified for inclusion in the Notice of Restriction. The Planning Directc
the authority to execute and record an amendment to the notice which modifi
terminates said notice upon a showing of good cause by the Developer or succes:
interest.
1 1. The Developer shall prepare a detailed landscape and irrigation plan in conformancc
the approved Preliminary Landscape Plan and the City's Landscape Manual. The
shall be submitted to and approval obtained from the Planning Director prior t'
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 plan:
maintain all landscaping in a healthy and thriving condition, free from weeds, trasl
debris.
12. Building identification and/or addresses shall be placed on all new and existing buil
so as to be plainly visible from the street or access road; color of identification a
addresses shall contrast to their background color.
13. Prior to the approval of the Certificate of Occupancy and Business LicensL
Developer shall receive approval of a Coastal Development Permit issued bJ
California Coastal Commission that substantially conforms to this approval. A si
copy of the Coastal Development Permit must be submitted to the Planning Directc
the approval is substantially different, an amendment to CUP 96-08 shall be required
14. Signage shall be limited to the office component of the proposed use; no sig
shall be proposed or erected with regards to the storage or impounding of SI
vehicles on-site.
15. The storage of any single vehicle on the property is limited to 45 days, except
vehicles being held for evidence in a homicide case may be stored up to 90
under police authority.
permitted under this permit, shall be allowed on the property.
16. No outside storage, other than the temporary storagehmpound of vehicles exprl
17. All fencing and landscaping shall adequately screen the vehicle storage use tc
satisfaction of the Planning Director at all times and shall be subject to monitc
and standard annual CUP reviews for adequacy.
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18. The applicant shall not engage in any retail auto towing or recycling business (
subject site. No cleaning or repairs of stored vehicles shall be permitted on th'
In general, vehicles will be in an operable condition and not considered scrap.
19. The outdoor vehicle storage portion of the site is limited to a maximum o
vehicles. This area is subject to monitoring and standard CUP annual reviel
the Fire Department to ensure maintenance of required fire lanes and gt
safety. Indoor storage of vehicles is only allowed via the approval of a tc
improvement building permit as described in Building Condition No. 39.
20. The applicant is limited to the temporary storage of not more than 2 wrt
vehicles on this site at any one time.
21. Should Contract Services discontinue use of this site, the site shall be cleared
vehicles and all materials and supplies associated with the business tc
satisfaction of the Planning Director.
22. All vehicles including large hauler trucks shall be parked in a safe and 1
manner. No loading or unloading of vehicles shall be permitted in the public E
Public travel lanes shall not be blocked while parking vehicles unless a ti
control plan has been approved and a right-of-way permit has been issued.
23. Upon discontinuing the operations permitted by this Conditional Use Permil
applicant shall test the site and soils for contamination with hazardous mat(
and if contamination is found, restore the site as may be required by the pro
owners and the County Health Authorities using approved methods standard 1
industry of hazardous waste disposal.
24. Prior to the issuance of a Certificate of Occupancy and Business Licensc
applicant shall submit a soils test/contamination report to the satisfaction a
Planning Director and City Engineer for this use's former location at 2175 Ca
Vida Roble. This will ensure compliance with Condition No. 26 of Plar
Commission Resolution No. 3689 approved for CUP 154(B).
25. Prior to the issuance of a Certificate of Occupancy and Business License, Plan
Engineering and Fire Department staff shall perform an on-site inspection to el
that development and operation of the proposed use on-site is in conformance
all approved exhibits and applicable conditions of approval.
26. Failure by the applicant to secure City approval of a Certificate of Occupanc]
Business License for this use by December 9, 1996 will result in the terminati
the use on-site, and CUP 96-08 will no longer be valid and in effect. The four n
time frame is intended to allow for full compliance with all applicable conditia
approval and project exhibits.
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Engineering:
Unless specifically stated in the condition, all of the following Engineering conditions, up‘
approval of this proposed Conditional Use Permit, must be met prior to approval of occupm
27. The Developer shall comply with the City’s requirements of the National Pol
Discharge Elimination System (NPDES) permit. The Developer shall providt
management practices as referenced in the “California Storm Water Best Managl
Practices Handbook” to reduce surface pollutants to an acceptable level prior to disc
to sensitive areas. Plans for such improvements shall be approved by the City En@
Said plans shall include but not be limited to:
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, anti-fi
solvents, paints, paint thinners, wood preservatives and other such fluids shall n
discharged into any street, public or private, or into storm drain or storm
conveyance systems.
Best Management Practices shall be used to eliminate or reduce surface pollutants
planning any changes to the landscaping and surface improvements.
28. Pre-treatment of the sanitary sewer discharge from this project may be require(
addition to the requirements for a sewer connection permit, the applicant shall confc
the requirements of Chapter 13.16 of the Carlsbad Municipal Code.
Fire:
29. Prior to the issuance of building permits, complete building plans shall be approvl
the Fire Department.
30. Prior to final inspection, all security gate systems controlling vehicular access sh;
equipped with a “Knox”, key-operating emergency entry device. Applicant shall c(
the Fire Prevention Bureau for specifications and approvals prior to installation.
31. 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 Departme
approval prior to construction.
32. On-site fire lanes shall be maintained at all times to the satisfaction of the
Marshal.
Water:
33. All irrigation plans are to be submitted to the City’s Landscape Consultant wit
standard landscape plan check submitted to the Engineering Department.
34. The entire potable water system, reclaimed water system and sewer system sh
evaluated in detail to insure that adequate capacity, pressure and flow demands c,
met.
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35. The Developer shall be responsible for all fees, deposits and charges which w
collected before and/or at the time of issuance of the building permit. The San 1
County Water Authority capacity charge will be collected at issuance of applicatic
meter installation.
36. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirer,
Also obtain G.P.M. demand for domestic and irrigational needs from appro]
parties.
B. Prepare a colored reclaimed water use area map and submit it 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.
37. This project is approved upon the expressed condition that building permits will n
issued for development of the subject property unless the water district servin
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. This note shall be placed on the final map.
Building:
38. Storage of or parking of vehicles inside the structure are not allowed unles;
storage area is modified to meet 1994 UBC requirements for a “S-3” occupanc
tenant improvement building permit will be required for this.
General
39. 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 (
fiture building permits; deny, revoke or further institute and prosecute litigatic
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 appro1
this Conditional Use Permit.
Code Reminders:
Fees:
40. The Developer shall pay a landscape plan check and inspection fee as required by Set
20.08.050 of the Carlsbad Municipal Code.
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41. Approval of this request shall not excuse compliance with all applicable sections I
Zoning Ordinance and all other applicable City ordinances in effect at time of bu
permit issuance, except as otherwise specifically provided herein.
42. 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.
43. Any signs proposed for this development shall at a minimum be designed in confon
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, t
following vote, to wit:
AYES : Chairperson Compas, Commissioners Heineman, Monroy, Ni
Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
CARLSBAD PLANNING COMMISSION
ATTEST:
W MICHAEL J. HOLZMIL~~R
Planning Director
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