HomeMy WebLinkAbout1997-03-05; Planning Commission; Resolution 40661
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PLANNING COMMISSION RESOLUTION NO. 4066
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION AND OCCUPATION OF A 64,000 SQUARE
FOOT LIBRARY ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF EL CAMINO REAL, BETWEEN
DOVE LANE AND AVIARA PARKWAY IN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME: SOUTH CARLSBAD LIBRARY
CASE NO.: CUP 96- 16
WHEREAS, The City of Carlsbad, “Developer”, has filed a verified appli
with the City of Carlsbad regarding property owned by the City of Carlsbad, “Oc
described as
Parcel 2 of Parcel Map No 16044, filed on April 5,1990 in the
Office of the County Recorder, City of Carlsbad, County of
San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Condition:
Permit as shown on Exhibits “A”-“G” dated March 5, 1997, on file in the Carlsbad Pla
Department, South Carlsbad Library (CUP 96-16), as provided by Chapter 21.42 (
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of March 1997, I:
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 96-16.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Comm
APPROVES Conditional Use Permit CUP 96-16, based on the foll'
findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the commul
that the library is needed to enhance existing services for the southern portion I
City and provide additional services for the entire City; is essentially in harmon!
the various elements and objectives of the General Plan since libraries are cons
with the Commercial land use designation and the parking area and buildin
designed to meet all applicable safety requirements; and is not detrimental to ex
uses specifically permitted in the zone in which the proposed use is located in th:
library parking and circulation areas are linked to the existing shopping c
through a reciprocal parking and access agreement and the architectu
consistent with the remainder of the shopping center.
2. That the site for the intended use is adequate in size and shape to accommodate the L
that all needed and desired improvements can fit within the confines of the
owned parcel.
3. 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 v
provided and maintained, in that the proposed site plan contains adel
landscaping, parking, fencing and setbacks and these improvements are condit
to be provided and maintained.
4. That the street system serving the proposed use is adequate to properly handle all 1
generated by the proposed use, in that the access roads surrounding the sit!
Camino Real, Aviara Parkway and Dove Lane) have adequate capacity (40:
trips per day, 40,000 trips per day and 10,000 trips per day, respective\
accommodate the anticipated 3,200 average daily trips generated by the library
5. The Planning Commission finds that all feasible mitigation measures or PI
alternatives identified in the MEIR 93-01 which are appropriate to this Subse
Project have been incorporated into this Subsequent Project.
6. The Planning Commission finds that:
a. the project is a type of project described in CEQA Guidelines - 15 168(c)(2);
b. the project is consistent with the previous Site Development Plan and re
Mitigated Negative Declaration and MEIR;
PC RES0 NO. 4066 -2-
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c. there was a Mitigated Negative Declaration approved in connection wi
prior Site Development Plan and subsequently a MEIR was prepared fc
City’s General Plan update that addressed this project;
d. the project has no new significant environmental effect not analyzed as sign:
in the prior Mitigated Negative Declaration and MEIR; and
e. none of the circumstances requiring Subsequent or a Supplemental EIR
CEQA Guidelines Sections 15 162 or 15 163 exist.
Conditions:
1. The Planning Commission does hereby APPROVE the Conditional Use Permit f
project entitled South Carlsbad Library (Exhibits “A”-“G” dated March 5, 19!
file in the Planning Department and incorporated by this reference, subject t
conditions herein set forth.) Staff is authorized and directed to make, or r(
Developer to make, all corrections and modifications to the Conditional Use I
document(s), as necessary, to make them internally consistent and in conformit4
final action on the project. Development shall occur substantially as shown i
approved Exhibits. Any proposed development substantially different fiom this app
shall require an amendment to this approval.
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 I
Site Plan as approved by the final decision making body. The Site Plan shall refle
conditions of approval by the City. The Plan copy shall be submitted to the
Engineer and approved prior to building, grading, final map, or improvement
submittal, whichever occurs first.
4. Approval of CUP 96-16 is granted subject to the approval of CDP 97-01. CUP 96.
subject to all conditions contained in Planning Commission Resolution No. 4067 fc
CDP 97-01.
5. This Conditional Use Permit is granted for a period of ten (10) years. This Condi
Use Permit shall be reviewed by the Planning Director on a yearly basis to determ
all 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. 1
Planning Director determines that the use has such substantial negative effects
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 F
hearing, if it is found that the use has a substantial detrimental effect on surrounding
uses and the public’s health and welfare, or the conditions imposed herein have not
met. This permit may be extended for a reasonable period of time not to exceed ter
I PC RES0 NO. 4066 -3-
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years upon written application of the permittee made no less than 90 days prior
expiration date. The Planning Commission may not grant such extension, unless ir
that there are no substantial negative effects on surrounding land uses or the PL
health and welfare. If a substantial negative effect on surrounding land uses l
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 li
the number of extensions the Planning Commission may grant.
6. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with
pursuant to City standards. Location of said receptacles shall be approved b
Planning Direct. Enclosure shall be of similar colors and/or materials to the project
satisfaction of the Planning Director.
7. An exterior lighting plan including parking areas shall be submitted for Planning Di
approval. All lighting shall be designed to reflect downward and avoid any impac
adjacent homes or property.
8. No outdoor storage of materials shall occur onsite unless required by the Fire Chit
such instance a storage plan will be submitted for approval by the Fire Chief an
Planning Director.
9. The Developer shall prepare a detailed landscape and irrigation plan in conformance
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.
10. The first submittal of detailed landscape and irrigation plans shall be accompanied E
project’s building, improvement, and grading plans.
11. 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.
12. 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 prior to disc1
to sensitive areas. Plans for such improvements shall be approved by the City Engi
Said plans shall include but not be limited to notifying prospective owners and tenaI
the following:
PC RES0 NO. 4066 -4-
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a. All owners and tenants shall coordinate efforts to establish or work
established disposal programs to remove and properly dispose of toxi
hazardous waste.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, mota
antifreeze, solvents, paints, paint thinners wood preservatives, and other
fluids shall not be discharged into any street, public or private, or into storm
or storm water conveyance systems. Use and disposal of pesticides, fungi
herbicides, insecticides, fertilizers and other such chemical treatments shall
Federal, State, County and City requirements as prescribed in their respl
containers.
c. Best Management Practices shall be used to eliminate or reduce surface poll
when planning any changes to the landscaping and surface improvements.
13. 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 1
implemented and maintained according to their terms, the City shall have the rie
revoke or modify all approvals herein granted; deny or further condition issuance
future building permits; deny, revoke or further condition all certificates of occul
issued under the authority of approvals herein granted; institute and prosecute litigati
compel their compliance with said conditions or seek damages for their violatiol
vested rights are gained by Developer or a successor in interest by the City’s appro
this Conditional Use Permit.
Code Reminders:
14. Approval of this request shall not excuse compliance with all applicable sections t
Zoning Ordinance and all other applicable City ordinances in effect at time of bul
permit issuance, except as otherwise specifically provided herein.
15. The project shall comply with the latest non-residential disabled access requirer
pursuant to Title 24 of the State Building Code.
16. All roof appurtenances, including air conditions, shall be architecturally integrate(
concealed from view and the sound buffered from adjacent properties and stree
substance as provided in Building Department Policy No. 80-6, to the satisfaction (
Directors of Community Development and Planning.
17. Compact parking spaces shall be located in large groups, and in locations clearly m:
to the satisfaction of the Planning Director.
18. Any signs proposed for this development shall at a minimum be designed in confom
with the City’s Sign Ordinance and shall require review and approval of the Plar
Director prior to installation of such signs.
1 PC RES0 NO. 4066 -5-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
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Commission of the City of Carlsbad, California, held on the 5th day of March 1997 b
following vote, to wit:
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AYES: Chairperson Nielsen, Commissioners Compas, Heim
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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ROBER? NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .
MICHAEL J. H%LZ~LLER
Planning Director
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