HomeMy WebLinkAbout1997-01-15; Planning Commission; Resolution 3995t
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PLANNING COMMISSION RESOLUTION NO. 3995
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW A 32 SPACE TEMPORARY
PARKING LOT ON PROPERTY GENERALLY LOCATED
EAST OF CARLSBAD BOULEVARD, NORTH OF ISLAND
WAY AND WEST OF SURFSIDE LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: SEAPBINTE TEMPORARY PARKING
CASE NO.: CUP 93-04(D)
WHEREAS, Grand Pacific Resorts, “Developer”, has filed a verified applil
with the City of Carlsbad regarding property owned by the City of Carlsbad, ‘‘0~
described as
Ponto Drive and Carlsbad Boulevard, approximately 40,000 square
feet commonly known as the Anacapa Site; and Lots 1 and 2 in
fractional Section 20, Township 12 south, Range 4 west, San
Bernardino base and meridian, in the City of Carlsbad, in the County
of San Diego, State of California, according to the official plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditiona
Permit Amendment as shown on Exhibit “A”-“C” dated January 15, 1997, on file i
Carlsbad Planning Department, as provided by the conditions of approval of CUP 93-01
Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of January
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 fi ’ relating to CUP 93-04(D); and
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WHEREAS, the Planning Commission approved, CUP 93-04 as describe
! and conditioned in Planning Commission Resolution No. 3692.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plz
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 Corn
RECOMMENDS APPROVAL of Conditional Use Permit Amendment,
93-04(D), based on the following findings and subject to the following cond:
Findings:
1. The Planning Commission finds that the project, as conditioned herein fc
Seapointe Temporary Parking, is in conformance with the Elements of the 1
General Plan, based on the following:
a. Circulation - The proposed project is setback sufficiently from the travel wa
it will not affect the scenic quality of the corridor.
b. Views of the project will be limited from adjacent roadways.
c. Landscaping will soften minimal visual impacts from roadways.
2. 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 surrounding uses, in that it is located away from existing uses
limited hours of operation, and is a temporary use to be abated by a date specif
3. That the site for the intended use is adequate in size and shape to accommodate the L
that the parking and landscaping fit on the property without the need for variar
4. That all the yards, setbacks, walls, fences, landscaping, and other features necess:
adjust the requested use to existing or permitted future uses in the neighborhood M
provided and maintained, in that they are required as part of the conditio
approval and are reflected on approved exhibits.
5. That the street system serving the proposed use is adequate to properly handle all t
generated by the proposed use, in that the project is not anticipated to gen
additional traffic.
6. That the Planning Director has determined that the project is exempt fron
requirements of the California Environmental Quality Act (CEQA) per Section 153
the state CEQA Guidelines and will not have any adverse significant impact o
environment.
...
PC RES0 NO. 3995 -2-
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Conditions:
Planning
1. The Planning Commission does hereby RECOMMEND APPROVAL of t
Conditional Use Permit Amendment for the project entitled Seapointe Tempora
Parking (Exhibits “A”-“C” dated January 15, 1997), on file in the Planni
Department and incorporated by this reference), subject to the conditions herein :
forth. Staff is authorized and directed to make, or require Developer to make,
corrections and modifications to the Conditional Use Permit Amendmc
document(s), 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 fiom tl-
approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state and loc
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 oft
Site Plan as approved by the final decision making body. The Site Plan shall refle
the conditions of approval by the City. The plan copy shall be submitted to the Ci
Engineer and approved prior to building, grading, final map or improvement pl<
submittal, whichever occurs first.
4. 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 shall also include a copy of any applicable Coast
Development Permit and signed approved site plan.
5. The Developer shall prepare a detailed landscape and irrigation plan in conformanc
with the City’s Landscape Manual. The plans shall be consistent with the then
for Carlsbad Boulevard; effectively screen the temporary parking area. Pla~
meeting these goals shall be submitted to and approval obtained from tl
Planning Director prior to construction of the parking lot. The Developer shs
construct and install all landscaping as shown on the approved plans, and maintain s
landscaping in a healthy and thriving conditions, free fiom weeds, trash and debris.
6. This Conditional Use Permit is granted for a period of 3 years. This Conditional
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 subst;
negative effect on surrounding properties or the public health and welfare. I
Planning Director determines that the use has such substantial negative effect:
Planning Director shall recommend that the Planning Commission, after providin
permittee the opportunity to be heard, add additional conditions to reduce or elimina
substantial negative effects. This permit may be revoked at any time after a I
hearing, if it is found that the use has a substantial detrimental effect on surrounding
PC RES0 NO. 3995 -3 -
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sues and the public’s health and welfare, or the conditions imposed herein.have no
met. This permit may not be extended.
7. The temporary parking is approved for a maximum period of 3 years, (Janua
2000) after which all improvements shall be removed and the site grad
resemble natural contours. The site shall then be hydro-seeded with a native m
the satisfaction of the Planning Director.
8. Scheduled sales tours shall be limited to between the hours of 9:OO a.m. and
p.m.
9. No lighting shall be allowed.
10. The project may only provide appropriate signage indicating that the lot
private use and directional information. Signage shall be reviewed and approv’
the Planning Director prior to installation.
11. CUP 93-04(D) is subject to the approval of CDP 96-18.
12. The applicant may not sub-lease the property.
13. Valet parking may be provided.
Engineering
14. The Developer shall pay all current fees and deposits required.
15. Prior to hauling dirt or construction materials to or from any proposed constructio:
within this project, the Developer shall submit to, and receive approval fiom, 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
16. The parking lot shall be constructed in accordance with the following and tc
satisfaction of the City Engineer:
a. The two driveway approaches shall be constructed as standard con
driveway aprons.
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b. The first twenty feet at each driveway shall consist of a minimum 4”
section of asphalt concrete.
c. Signing shall be provided to clearly delineate direction of traffic for in;
and egress.
d. Wheel stops shall be provided for spaces fronting Carlsbad Blvd.
e. Parking spaces shall be striped.
PC RES0 NO. 3995 -4-
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17. Prior to construction, the applicant shall obtain a City right-of-way permit to i
the two driveway aprons.
Community Services
18. All curb, gutter and sidewalk areas that have been impacted by driveway and
chair ramp cuts shall be replaced.
19. Sewer, water and irrigation service laterals shall be shown on the plans as
removed in the future or being reused by another party.
Carlsbad Water District
20. The entire potable water system, reclaimed water system and sewer system sh
evaluated in detail to ensure that adequate capacity, pressure and flow demands c
met.
21. 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.
22. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requirer
Also obtain GPM. demand for domestic and irrigational needs fron
appropriate parties.
b. Prepare a colored reclaimed water use area map and submit to the Pla
Department for processing and approval.
23. Prior to the preparation of sewer, water and reclaimed water improvement pla
meeting must be scheduled with the District Engineer for review, comment and apr
of the preliminary system, layouts and usages, i.e. GPM - EDU.
24, All landscape plans shall be submitted to the Planning Department per the land
manual.
25. If any of the foregoing conditions fail to occur; or if there are, by their terms,
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 occur
issued under the authority of approvals herein granted; institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violation.
~ PC RES0 NO. 3995 -5-
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vested rights are gained by Developer or a successor in interest by the City's appro
this Conditional Use Permit.
Code Reminders:
26. The Developer shall exercise special care during the construction phase of this proj
prevent offsite siltation. Planting and erosion control shall be provided in accor
with the Carlsbad Municipal Code and the City Engineer.
27. Approval of this request shall not excuse compliance with all applicable sections (
Zoning Ordinance and all other applicable City ordinances in effect at time of bu
permit issuance, except as otherwise specifically provided herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 15th day of January 1997 1
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heineman, Mc
Noble and Savary
NOES: None
ABSENT: Commissioner Welshons
ABSTAIN: None
"-"."e. . .
,/ 'L-
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HMZMIMER
Planning Director
PC RES0 NO. 3995 -6-