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HomeMy WebLinkAbout1996-08-07; Planning Commission; Resolution 39670 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 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: ... 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 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 ... ... I PC RES0 NO. 3967 ' -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 0 0 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 ... I 1 PC RES0 NO. 3967 -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 0 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- 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 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. PC RES0 NO. 3967 -5- a 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 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. ~ ... .. . ... PC RES0 NO. 3967 -6- 0 e 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 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. PC RES0 NO. 3967 -7- 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 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. PC RES0 NO. 3967 -8- e * 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 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 , PC RES0 NO. 3967 -9-