HomeMy WebLinkAbout2000-01-19; Planning Commission; Resolution 47180 0
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PLANNING COMMISSION RESOLUTION NO. 4718
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION
OF AN EXISTING 135,660 SQUARE FOOT BUILDING TO A
SELF STORAGE FACILITY ON PROPERTY GENERALLY
LOCATED ON THE, WEST SIDE OF CORTE DEL ABETO,
BETWEEN PALOMAR AIRPORT ROAD AND CORTE DEL
NOGAL, IN LOCAL FACILITIES MANAGEMENT ZONE 5
CASE NAME: PALOMAR AIRPORT SELF STORAGE
CASE NO.: CUP 99-06
9 WHEREAS, Integrated Capital Technologies, Inc., “Developer”/ “Owner”, 1
10 filed a verified application with the City of Carlsbad regarding property described as
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Lot 2 of Carlsbad Tract CT 80-34, according to Map No.
10062, filed in the Office of the County Recorder on April 15,
1981, in the City of Carlsbad, County of San Diego, State of
California
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WHEREAS, said verified application constitutes a request for a Conditional T. 15
(“the Property”); and
Permit as shown on Exhibits “A” - “F” dated January 19, 2000, on file in the Carlsk
l7 11 Planning Department, PALOMAR AkE’ORT SELF STORAGE - CUP 99-06, as provided
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21 hold a duly noticed public hearing as prescribed by law to consider said request; and
Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of January, 20
22 WHEREAS, at said public hearing, upon hearing and considering all testimc
23 and arguments, if any, of all persons desiring to be heard, said Cornmission considered all fact
24 /I relating to the CUP.
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26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
27 II Commission of the City of Carlsbad as follows:
28 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 Commissi
APPROVES PALOMAR AIRPORT SELF STORAGE - CUP 99-06, bas
on the following findings and subject to the following conditions:
FindinPs:
1. That the requested use is necessary or desirable for the development of the community,
essentially in harmony with the various elements and objectives of the General Plan, a
is not detrimental to existing uses specifically permitted in the zone in which 1
proposed use is located, in that mini-warehouses are an allowed conditional use in t
Planned Industrial Zone, the proposed use provides desired storage space for t
office and business uses in the industrial area, the proposed project provides i
more parking than required for the use, and the proposed use produces less traf
than the existing industrial use.
2. That the site for the intended use is adequate in size and shape to accommodate the use,
that, except for the proposed security gates, no additional external improvements 2
needed for the conversion of the existing building to a self storage use.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary
adjust the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that all storage will be contained inside the buildi~
except for recreational vehicles which will be completely screened from public vie
by existing heavy landscaping.
4. That the street system serving the proposed use is adequate to properly handle all trai
generated by the proposed use, in that the existing industrial streets were designed
accommodate the traffic levels of the existing use (780 ADT) while the proposed 1
only generates 393 average daily trips.
5. That the Planning Director has determined that the project belongs to a class of proje
that the State Secretary for Resources has found do not have a significant impact on
environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15332 (In-1
Development Projects) of the state CEQA Guidelines. In making this determination,
Planning Director has found that the exceptions listed in Section 15300.2 of the SI
CEQA Guidelines do not apply to this project.
6. The Planning Commission has reviewed each of the exactions imposed on the Develo
contained in this resolution, and hereby finds, in this case, that the exactions are imp0
to mitigate impacts caused by or reasonably related to the project, and the extent and
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to build
permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
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implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or further condition issuance of ;
future building permits; deny, revoke or further condition all certificates of occupan
issued under the authority of approvals herein granted; institute and prosecute litigation
compel their compliance with said conditions or seek damages for their violation. 1
vested rights are gained by Developer or a successor in interest by the City’s approval
this Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all correctia
and modifications to the Conditional Use Permit documents, as necessary to make thf
internally consistent and in conformity with the final action on the project. Developmt
shall occur substantially as shown on the approved Exhibits. Any proposed developmc
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and loc
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the paymc
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Projl
are challenged, ths approval shall be suspended as provided in Government Code Secti
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend a
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, a
representatives, from and against any and all liabilities, losses, damages, demands, clai:
and costs, including court costs and attorney’s fees incurred by the City arising, direc
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit,
City’s approval or issuance of any permit or action, whether discretionary or nc
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted here1
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to Planning Department a reproducible 24” x 36”, mj
copy of the Site Plan and Floor Plans reflecting the conditions approved by the fi
decision making body.
7. This project shall comply with all conditions and mitigation measures which are requi
as part of the Zone 5 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
8. Building permits will not be issued for this project unless the local agency provid
water and sewer services to the project provides written certification to the City I
adequate water service and sewer facilities, respectively, are available to the project at
time of the application for the building permit, and that water and sewer capacity i
facilities will continue to be available until the time of occupancy.
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9. This Conditional Use Permit is granted for a period of ten (10) years. This permit m
be revoked at any time after a public hearing, if it is found that the use has a substant
detrimental effect on surrounding land uses and the public's health and welfare, or t
conditions imposed herein have not been met. This permit may be extended for
reasonable period of time not to exceed ten (10) years upon written application of t
permittee made no less than 90 days prior to the expiration date. The Planni
Commission may not grant such extension, unless it finds that there are no substant
negative effects on surrounding land uses or the public's health and welfare. If
substantial negative effect on surrounding land uses or the public's health and welfare
found, the extension shall be denied or granted with conditions which will eliminate
substantially reduce such effmts. There is no limit to the number of extensions 1
Planning Commission may grant.
10. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly ba
to determine if all conditions of this permit have been met and that the use does not ha
a substantial negative effect on surrounding properties or the public health and welfare.
the Planning Director determines that the use has such substantial negative effects, 1
Planning Director shall recommend that the Planning Commission, after providing 1
permittee the opportunity to be heard, add additional conditions to reduce or eliminate 1
substantial negative effects.
11. Approval of CUP 99-06 is granted subject to approval of PIP 93-01(A). CUP 99-06
subject to all conditions of approval for PIP 93-01(A).
12. The Developer shall report, in writing, to the Planning Director within 30 days, a
address change from that which is shown on the permit application.
13. Prior to the issuance of the building permit, Developer shall submit to the City a Not
of Restriction to be filed in the office of the County Recorder, subject to the satisfactj
of the Planning Director, notifylng all interested parties and successors in interest that I
City of Carlsbad has issued a'conditional Use Permit by Resolution No. 4718 on '
real property owned by the Developer. Said Notice of Restriction shall note the prope
description, location of the file containing complete project details and all conditions
approval as well as any conditions or restrictions specified for inclusion in the Notice
Restriction. The Planning Director has the authority to execute and record an amendm
to the notice which modifies or terminates said notice upon a showing of good cause
the Developer or successor in interest.
14. No outdoor storage of materials, other than recreational vehicles, along the southc
and western portions of the parking lot shall occur onsite unless required by the E
Chief. The Developer shall install a six-foot high decorative masonry wall enclos
the RV parking area to the satisfaction of the Planning Director. When so requir
the Developer shall submit and obtain approval of the Fire Chief and the Plann
Director of an Outdoor Storage Plan, and thereafter comply with the approved plan.
15. The Developer shall submit and obtain Planning Director approval of an exterior light
plan including parking areas. All lighting shall be designed to reflect downward ;
avoid any impacts on adjacent homes or property.
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16. Prior to issuance of any sign permit for the project, the Developer shall submit a1
obtain Planning Director approval of a sign program. Said sign program sh;
include the following restrictions:
a. No monument signs are allowed along the Palomar Airport Road frontage;
b. One monument sign, not to exceed 35 square feet in area and less than eight fc
in any dimension, is allowed at the project entry off of Corte del Abeto.
c. No more than one wall sign per street frontage is allowed. The maximum ar
for any one wall sign is 50 feet.
Fire Conditions:
17. The developer shall provide two and one-half (2.5) inch gated water outlets suppli
by the building’s fire sprinkler system throughout the building, at locations to
determined by the Fire Marshal upon review of the final floor plan.
18. The developer shall equip all security gates with an automatic entry device, approved
the Fire Department.
Water Conditions:
19. The Developer shall do the following:
A. Meet with the City Fire Marshal and establish fire protection requirements (i.e. j
sprinkler requirements, fire detector check valve location, fire departm
connection, etc.) as might be required over and above existing facilities.
B. Meet with the District’s Project Engineer to discuss preliminary layouts for put
water line improvements (looped pipeline system) if new onsite fire hydrants or
expanded sprinkler system are required.
C. Meet with the District’s Project Engineer to discuss potable water meter, recyc
water meter and sewer lateral locations. The Developer must establish
cooperation with the Water District the adequacy of the existing connections or
necessity for multiple/larger services.
D. The Developer must also establish in cooperation with the District the a
required to be irrigated with recycled water.
Code Reminders:
20. This approval shall become null and void if building permits are not issued for ‘
project within 18 months fiom the date of project approval.
21. Approval of this request shall not excuse compliance with all applicable sections of
Zoning Ordinance and all other applicable City ordinances in effect at time of build
permit issuance, except as otherwise specifically provided herein.
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22. The project shall comply with the latest non-residential disabled access requiremer
pursuant to Title 24 of the State Building Code.
23. All roof appurtenances, including air conditioners, shall be architecturally integrated a
concealed from view and the sound buffered from adjacent properties and streets,
substance as provided in Building Department Policy No. 80-6, to the satisfaction oft
Directors of Community Development and Planning.
24. Addresses, approved by the Building Official, shall be placed on all new and existi
buildings so as to be plainly visible from the street or access road; color of identificati
and/or addresses shall contrast to their background color, as required by Carlsb
Municipal Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fe
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timc
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni~
zoning, grading or other similar application processing or service fees in connection with t
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gil
a NOTICE similar to this, or as to whch the statute of limitations has previously othenv
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni:
Commission of the City of Carlsbad, California, held on the 19th day of January, 2000 by t
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L'Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: .
-. MICHAEL J. HOL~~ILLER
Planning Director
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