HomeMy WebLinkAbout1996-12-18; Planning Commission; Resolution 4020.4
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PLANNING COMMISSION RESOLUTION NO. 4020
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT FOR AN 87,000 SQUARE FOOT
LOCATED EAST OF THE INTERSECTION OF PALOMAR
OAKS WAY AND DRYDEN PLACE IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: CARLSBAD/AIRPORT SELF STORAGE
CASE NO.: CUP 96-13
WHEREAS, Palomar, LLC, “Developer”, has filed a verified application
SELF-STORAGE FACILITY ON PROPERTY GENERALLY
the City of Carlsbad regarding property owned by Palomar, LLC, “Owner”, described as
Lot 42 of Carlsbad Tract No. 81-46 unit no. 2, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 11288, filed in the office of the County
Recorder of San Diego County, July 16,1985
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condition2
Permit as shown on Exhibits “A”-“D” dated December 18, 1996, on file in the Ca
Planning Department, Conditional Use Permit, CUP 96-13, as provided by Chapter 21,
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of December
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to CUP 96-13.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1:
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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m a
B) That based on the evidence presented at the public hearing, the Comm:
APPROVES Conditional Use Permit, CUP 96-13, based on the folk
findings and subject to the following conditions:
Findings:
1. That the requested use is desirable for the development of the community, is esser
in harmony with the various elements and objectives of the General Plan, and i
detrimental to existing uses specifically permitted in the zone in which the propose
is located, in that the proposed use is ancillary to the industrial park users beca
will provide storage facilities for those businesses that require such services.
2. That the site for the intended use is adequate in size and shape to accommodate the L
that the lot is 2.8 acres, the zone allows a maximum coverage of 50% an
project’s proposed coverage is 44.5%. All buildings, circulation and pal
requirements have been provided onsite within the required setbacks and h
restrictions.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necess:
adjust the requested use to existing or permitted hture uses in the neighborhood v,
provided and maintained, in that the proposed site plan is in compliance wii
applicable development standards.
4. That the street system serving the proposed use is adequate to properly handle all 1
generated by the proposed use, in that the project is projected to generate no
than 210 ADT which is insignificant.
5. The developer has agreed and is required by the inclusion of an appropriate condit
pay a public facilities fee. Performance of that contract and payment of the fe
enable this body to find that public facilities will be available concurrent with nt
required by the General Plan.
6. The project has been conditioned to pay any increase in public facility fee, 01
construction tax, or development fees, and has agreed to abide by any addi
requirements established by a Local Facilities Management Plan prepared pursu;
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail:
of public facilities and will mitigate any cumulative impacts created by the project.
7. This project has been conditioned to comply with any requirement approved as p
the Local Facilities Management Plan for Zone 5.
8. The project is consistent with the Comprehensive Land Use Plan (CLUP) fc
McClellan-Palomar Airport, dated April, 1994, in that the proposed comm
storage use will not generate a large assemblage of people. The project is coml
with the projected noise levels of the CLUP; and, based on the noise/lanl
compatibility matrix of the CLUP, the proposed land use is compatible with the ai
PC RES0 NO. 4020 -2-
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in that as a storage use there will not be a large assemblage of people nor will
be outdoor activity which would expose those using the facility to high lev
noise.
9. The Planning Commission finds that the project, as conditioned herein for CUP !
is in conformance with the City’s General Plan, based on the following:
Land Use - Storage is identified as an expected use within the Industrial area.
10. The project is consistent with the City-Wide Facilities and Improvements Plar
applicable local facilities management plan, and all City public facility policie
ordinances since:
e The project has been conditioned to ensure that building permits will r
issued for the project unless the District Engineer determines that sewer SI
is available, and building cannot occur within the project unless sewer SI
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.
e Park-in-lieu fees are required as a condition of approval.
e All necessary public improvements have been provided or are requirl
conditions of approval.
Conditions:
Planning
1. The Planning Commission does hereby APPROVE the Conditional Use Permit fc
the project entitled Carlsbad/Airport Self-storage (Exhibits “A”-“D” date
December 18, 1996, on file in the Planning Department and incorporated by th
reference, subject to the conditions herein set forth). Staff is authorized and directe
to make, or require Developer to make, all corrections and modifications to tk
Conditional Use Permit document(s), as necessary, to make them internally consistel
and in conformity with final action on the project. Development shall OCCI
substantially as shown in the approved Exhibits. Any proposed developme1
substantially different from this approval, shall require an amendment to th
approval.
2. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
i ’ 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy (
Site Plan as approved by the fiial decision making body. The Site Plan shall r
the conditions of approval by the City. The Plan copy shall be submitted to the
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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 ch
reduced, legible version of the approving resolution on a 24" x 36" blueline dra
Said blueline drawingts) shall also include a copy of any applicable C
Development Permit and signed approved site plan.
5. The Developer is aware that the City is preparing a non-residential housing impal
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicr
fwther aware that the City may determine that certain non-residential projects may
to pay a linkage fee, in order to be found consistent with the Housing Element (
General Plan. If a linkage fee is established by City Council ordinance andor resol
and this project becomes subject to a linkage fee pursuant to said ordinance a
resolution, then the Developer, or hishedtheir successor(s) in interest shall pa
linkage fee. The linkage fee shall be paid at the time of issuance of building pe:
except for projects involving a request for a non-residential planned development 1
existing development, in which case, the fee shall be paid on approval of the final
parcel map or certificate of compliance, required to process the non-residential 1
whichever pertains. If linkage fees are required for this project, and they are not paic
project will not be consistent with the General Plan and approval for this projecl
become null and void.
6. 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
7. The Developer shall pay the public facilities fee adopted by the City Council 01
28 , 1987 (amended July 2, 1991) and as amended from time to time, and
development fees established by the City Council pursuant to Chapter 21.90 o
Carlsbad Municipal Code or other ordinance adopted to implement a gI
management system or Facilities and Improvement Plan and to fulfill the subdivj
agreement to pay the public facilities fee dated June 28, 1996, a copy of which
file with the City Clerk and is incorporated by this reference. If the fees are not
this application will not be consistent with the General Plan and approval fol
project will be void.
8. The Developer shall provide proof of payment of statutory school fees to mi
conditions of overcrowding as part of the building permit application. The amou
these fees shall be determined by the fee schedule in effect at the time of bui
permit application.
9. This project shall comply with all conditions and mitigation measures whid
required as part of the Zone 5 Local Facilities Management Plan and any amend1
made to that Plan prior to the issuance of building permits, including, but not limii
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the following:
a) A park-in-lieu fee of .40 square feet of building shall be paid at building I
issuance.
10. If any condition for construction of any public improvements or facilities, c
payment of any fees in lieu thereof, imposed by this approval or imposed by law c
residential housing project are challenged this approval shall be suspended as prc
in Government Code Section 66020. If any such condition is determined to be i
this approval shall be invalid unless the City Council determines that the project w
the condition complies with all requirements of law.
11. This Conditional Use Permit is granted for a period of 10 years. This Conditiona
Permit shall be reviewed by the Planning Director on a yearly basis to determine
conditions of this permit have been met and that the use does not have a subsf
negative effect on surrounding properties or the public health and welfare. :
Planning Director determines that the use has such Substantial negative effect:
Planning Director shall recommend that the Planning Commission, after providir
permittee the opportunity to be heard, add additional conditions to reduce or elin
the Substantial negative effects. This permit may be revoked at any time after a 1
hearing, if it is found that the use has a Substantial detrimental effect on surrou
land uses and the public's health and welfare, or the conditions imposed herein ha1
been met. This permit may be extended for a reasonable period of time not to e
10 years upon written application of the permittee made no less than 90 days pr:
the expiration date. The Planning Commission may not grant such extension, urd
finds that there are no Substantial negative effects on surrounding land uses c
public's health and welfare. If a Substantial negative effect on surrounding land u!
the public's health and welfare is found, the extension shall be denied or granted
conditions which will eliminate or substantially reduce such effects. There is no
to the number of extensions the Planning Commission may grant.
12. The Developer shall report, in writing, to the Planning Director within 30 days
address change from that which is shown on the conditional use permit application
13. Prior to the issuance of building permits, Developer shall submit to the City a Not
Restriction to be filed in the office of the County Recorder, subject to the satisfactj
the Planning Director, notifying all interested parties and successors in interest th.
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4020 o
real property owned by the developer. Said Notice of Restriction shall not1
property description, location of the file containing complete project details an
conditions of approval as well as any conditions or restrictions specified for inclusi
the Notice of Restriction. The Planning Director has the authority to executc
record an amendment to the notice which modifies or terminates said notice uy
showing of good cause by the developer or successor in interest.
14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with
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pursuant to City standards. Location of said receptacles shall be approved I
Planning Director. Enclosure shall be of similar colors and/or materials to the F
to the satisfaction of the Planning Director.
15. An exterior lighting plan including parking areas shall be submitted for PI2
Director approval. All lighting shall be designed to reflect downward and avoi
impacts on adjacent property.
16. No outdoor storage of material shall occur onsite unless required by the Fire Chit
such instance a storage plan will be submitted for approval by the Fire Chief a1
Planning Director.
17. The Developer shall prepare a detailed landscape and irrigation plan in confon
with the City’s Landscape Manual. The plans shall be submitted to and apl
obtained from the Planning Director prior to the approval of the final map, gr
permit, or building permit, whichever occurs first. The Developer shall construc
install all landscaping as shown on the approved plans, and maintain all landscapi
a healthy and thriving condition, free from weeds, trash, and debris.
Engineering
18. Prior to issuance of any building permit, the developer shall comply wit:
requirements of the City’s anti-graffiti program for wall treatments if and when s
program is formerly established by the City.
19. 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 operat
20. Prior to issuance of a building permit, the property owner shall pay a one-time SI
development tax in accordance with City Council Resolution No. 91-39.
21. The developer shall pay all current fees and deposits required.
22. The developer shall comply with the City’s requirements of the National Poll
Discharge Elimination System (NPDES) permit. The developer shall provide
management practices as referenced in the “California Storm Water Best Manage
Practices Handbook” to reduce surface pollutants to an acceptable level pric
discharge to sensitive areas. Plans for such improvements shall be approved b
City Engineer. Said plans shall include but not be limited to notifying prospc
owners and tenants of the following:
a. All owners and tenants shall coordinate efforts to establish or work
established disposal programs to remove and properly dispose of toxic
hazardous water products.
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b. Toxic chemicals or hydrocarbon compounds such as gasoline, mot0
antifreeze, solvents, paints, paint thinners, wood preservatives, and othel
fluids shall not be discharges into any street, public or private, or into
drain or storm water conveyance systems. Use and disposal of pestj
fungicides, herbicides, insecticides, fertilizers and other such cht
treatments shall meet Federal, State, County and City requiremer
prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reduce SI
pollutants when planning any changes to the landscaping and SI
improvements.
23. The structural section for the access aisles must be designed with a traffic index (
in accordance with City Standards due to truck access through the parking area a
aisles with an ADT greater than 500. The structural pavement design of the aisle
shall be submitted together with required R-value soil test information and approv
the City as part of the building site plan review.
24. Prior to issuance of building permit, the applicant shall obtain a City right-oj
permit to install the driveway apron on Palomar Oaks Way.
Fire
25. Applicant shall submit a site plan to the Fire Department for approval, which dl
location of required, proposed and existing public water mains and fire hydrants.
plan shall include off-site fire hydrants within 200 feet of the project,
26. Applicant shall submit a site plan depicting emergency access routes, driveway
traffic circulation for Fire Department approval.
27. Prior to final inspection, all security gate systems controlling vehicular access sh;
equipped with a “Knox” , key-operated emergency entry device. Applicant
contact the Fire Prevention Bureau for specifications and approvals prior to installa
28. Prior to building occupancy, private roads and driveways which serve as req
access for emergency service vehicles shall be posted as fire lanes in accordance
the requirements of section 17.04.020 of the Carlsbad Municipal Code.
29. Plans and/or specifications for fire alarm systems, fire hydrants, automatic
sprinkler systems and other fire protection systems shall be submitted to the
Department for approval prior to construction.
30. An approved automatic fire sprinkler system shall be installed in buildings havir
aggregate floor area exceeding 10,000 square feet.
31. A monument sign shall be installed at the entrance to the driveway or private I
indicating the addresses of the buildings on site.
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Water
32. 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.
33. The Developer shall be responsible for all fees, deposits and charges which u
collected before and/or at the time of issuance of the building permit. The San
County Water Authority capacity charge will be collected at issuance of applicatic
meter installation.
34. Sequentially, the Developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection requiren
Also obtain G.P.M. demand for domestic and irrigational needs
appropriate 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 improvc
plans, a meeting must be scheduled with the District Engineer for re
comment and approval of the preliminary system layouts and usages, i.e. C
EDU .
35. 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
available until time of occupancy. This note shall be placed on the final map.
36. Submit all landscape improvement plans to the Landscape Consultant ai
Planning Department.
37. If any of the foregoing conditions fail to occur; or if they are, by their terms,
implemented and maintained over time; if any of such conditions fail to t
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 OCCUF
issued under the authority of approvals herein granted; institute and prosecute litig
to compel their compliance with said conditions or seek damages for their viola
No vested rights are gained by Developer or a successor in interest by the C
approval of this Conditional Use Permit.
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Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not 1
to the following code requirements.
38. The Developer shall pay park-in-lieu fees to the City, prior to the approval of thc
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
39. The Developer shall pay a landscape plan check and inspection fee as requirl
Section 20.08.050 of the Carlsbad Municipal Code.
40. This approval shall become null and void if building permits are not issued fc
project within 18 months from the date of project approval.
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 roof appurtenances, including air conditioners, shall be architecturally intel
and concealed from view and the sound buffered from adjacent properties and st
in substance as provided in Building Department Policy No. 80-6, to the satisfactj
the Directors of Planning and Building.
43. 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 Plal
Department.
44. Any signs proposed for this development shall at a minimum be design€
conformance with the City's Sign Ordinance and shall require review and appro\
the Planning Director prior to installation of such signs.
45. The Developer shall exercise special care during the construction phase of this p~
to prevent offsite siltation. Planting and erosion control shall be provide
accordance with the Carlsbad Municipal Code and the City Engineer. ...
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0 Q
PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 18th day of December 1996 '
following vote, to wit:
AYES: Chairperson Compas, Commissioners Monroy, Nielsen
Welshons
NOES: None
ABSENT: Commissioners Heineman, Noble and Savary
ABSTAIN: None
d&/&
WILLIAM COMPAS, Chaidrson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4020 -1 0-