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HomeMy WebLinkAbout1996-10-02; Planning Commission; Resolution 3992c 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 1) e PLANNING COMMISSION RESOLUTION NO. 3992 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PDP 1(D) FOR PLACEMENT OF A MODULAR OFFICE UNIT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: ENCINA MODULAR OFFICE CASE NO. : PDP 1(D) WHEREAS, Encina Administrative Agency, “Developer”, has filed verified application with the City of Carlsbad regarding property owned by Encina Joil Powers, “Owner”, described as a portion of Section 20 of Township 12 South, Range 4 West, San Bernardino Meridian, according to the US Government survey approved October 25, 1875 and a portion of Lot “H” of Agua Hedionda according to Map 823, filed November 16,1896, (“the Property”); and WHEREAS, said verified application constitutes a request for a Preci Development Plan Amendment as shown on Exhibits “A” - “B” dated October 2, 1996, ( file in the Planning Department, Precise Development Plan Amendment PDP 1(D) provided by Chapter 21.36 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of October 199 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering 2 testimony and arguments, if any, of persons desiring to be heard, said Commissic considered all factors relating to the Precise Development Plan Amendment. WHEREAS, on October 2, 1996, the Planning Commissic RECOMMENDS APPROVAL of PDP 1@) allowing placement of a modular offi unit, as described and conditioned in Planning Commission Resolution No. 3992. c 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannir 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 Commissic RECOMMENDS APPROVAL of Precise Development Plan Amendme PDP l(D), based on the following findings and subject to the followir conditions: Findings: 1. The Planning Commission finds that the project, as conditioned herein, is conformance with the Elements of the City’s General Plan, based on the following: a. Land Use - The proposed use (modular office unit) is consistent with tl City’s General Plan in that the subject site is designated for Public Utili uses. b. Circulation - The existing circulation system is adequate to handle 2 traffic generated by the existing use, and the proposed use will n generate significant additional traffic. 2. The project is consistent with the City-Wide Facilities and Improvements Plan, tl applicable local facilities management plan, and all City public facility policies a1 ordinances since: a. All necessary public improvements have been provided or are required conditions of approval. 3. This project has been conditioned to comply with any requirement approved as part the Local Facilities Management Plan for Zone 3. 4. The Planning Director has determined that the project is exempt from t requirements of the California Environmental Quality Act (CEQA) per Sectic 15301(c) of the State CEQA Guidelines and will not have any adverse significa impact on the environment. 5. The project is consistent with the P-U Zone regulations based on the following: a) The proposed modular office unit is consistent with the City’s Gener Plan in that the subject site is designated for Public Utility uses. ~ b) All potential environmental factors which might result from the projt have been considered, and it has been determined that there will be 1 environmental impacts from the project. 1 PC RES0 NO. 3992 -2- P. 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 c) The project is compatible with the surrounding development in that ( the modular building will be painted to match the existing adjacent offic building, (2) it will be low in scale (12’ maximum height), (3) it will 1 adequately screened from Avenida Encinas by an existing fence ar landscaping, and (4) it will not generate any additional traffic. Conditions: 1. The conditions of approval contained herein shall be in addition to the previo conditions of approval. All previous conditions of PDP 1(C), Planning Commissic Resolution No. 2830, shall remain in effect and shall be complied with in the entirety. 2. The Planning Commission does hereby NCOMMEND APPROVAL of the Preci! Development Plan Amendment for the modular office project entitled Encir Modular Office (Exhibits “A” - “B” dated October 2, 1996, on file in the Plannir Department and incorporated by this reference), subject to the conditions herein s forth. Staff is authorized and directed to make, or require Developer to make, 2 corrections and modifications to the Precise Development Plan Amendme] documents, as necessary, to make them internally consistent and in conformity wi final action on the project. Development shall occur substantially as shown in tl approved Exhibits. Any proposed development substantially different from th approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state and loci ordinances in effect at the time of building permit issuance. 4. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy ( the Precise Development Plan Amendment as approved by the final decisic making body. The Precise Development Plan Amendment shall reflect tl conditions of approval by the City. The Plan copy shall be submitted to the C? Engineer and approved prior to building, grading, final map or improvement plz submittal, whichever occurs first. 5. The Developer shall include, as part of the plans submitted for any permit plan chec a reduced legible version of the approving resolution on a 24” x 36” bluelir drawing. Said blueline drawing(s) shall also include a copy of any applicable Coast Development Permit and signed approved site plan. 6. This project shall comply with all conditions and mitigation measures which a required as part of the Zone 3 Local Facilities Management Plan and any amendmen made to that plan prior to the issuance of building permits. 7. No outdoor storage of material shall occur onsite unless required by the Fire Chief. 1 such instance a storage plan will be submitted for approval by the Fire Chief and tl Planning Director. PC RES0 NO. 3992 -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 8. Prior to the approval of the Planned Development Permit, the Developer shs receive approval of a Coastal Development Permit that substantially conforms to th approval. A signed copy of the Coastal Development Permit must be submitted to tl Planning Director. If the approval is substantially different, an amendment to tl Planned Development Permit shall be required. 9. This project is approved for a time period of seven (7) years or until the existi1 office facility is remodeled, whichever occurs first. General: 10. If any of the foregoing conditions fail to occur; or if they are, by their terms, to 1 implemented and maintained over time; if any of such conditions fail to be : implemented and maintained according to their terms, the City shall have the right 1 revoke or modify all approvals herein granted; deny or further condition issuance ( all hture building permits; deny, revoke or Wher condition all certificates ( occupancy issued under the authority of approvals herein granted; institute ar prosecute litigation to compel their compliance with said conditions or seek damagc for their violation. No vested rights are gained by Developer or a successor in intere by the City’s approval of this Precise Development Plan Amendment. Standard Code Reminders: The project is subject to all applicable provisions of local ordinances including, but nt limited to, the following code requirements: 11. This approval shall become null and void if building permits are not issued for thi project within 18 months from the date of project approval. 12. Approval of this request shall not excuse compliance with all applicable sections ( the Zoning Ordinance and all other applicable City ordinances in effect at time ( building permit issuance, except as otherwise specifically provided herein. 13. The project shall comply with the latest non-residential disabled access requiremen pursuant to Title 24 of the State Building Code. ... ... ... ~ ... 1 ... ... PC RES0 NO. 3992 -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 a 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the P1a1 Commission of the City of Carlsbad, California, held on the 2ndl day of October 1996, b following vote, to wit: AYES: Chairperson Compas, Commissioners Monroy, Nielsen, r\ Savary and Welshons NOES: None ABSENT: Commissioner Heineman ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: lhj"rc&_ MICHAEL J. HOBMILSR Planning Director PC RES0 NO. 3992 -5-