HomeMy WebLinkAbout2000-04-05; Planning Commission; Resolution 4736I 0 0
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PLANNING COMMISSION RESOLUTION NO. 4736
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TO ALLOW THE PLACEMENT OF A TEMPORARY
MODULAR BUILDING TO BE USED AS AN INTERIM
MAINTENANCE BUILDING ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF PASEO DEL NORTE,
WEST OF HIDDEN VALLEY ROAD, SOUTH OF PALOMAR
AIRPORT ROAD AND NORTH OF CAMINO DE LAS ONDAS
COMMONLY KNOWN AS POINSETTIA COMMUNITY PARK
IN LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: POINSETTIA PARK MAINTENANCE
CASE NO. : CUP 92-05A
WHEREAS, City of Carlsbad, “Developer”/”Owner”, has filed a verifi
CONDITIONAL USE PERMIT AMENDMENT TO CUP 92-05
OFFICE
application with the City of Carlsbad regarding property described as
That portion of the west half of Section 21, Township 12 south,
Range 4 west, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, according to United States
Government Survey; Lot 8 of Carlsbad Tract No. 72-23,
according to map thereof No. 7683 filed in the office of the
County Recorder of San Diego County June 29, 1973; Those
portions of Lots 3 and 4, in Section 21, Township 12 south,
Range 4 west, San Bernardino Meridian, according to the
official plat.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional ‘c
Permit Amendment as shown on Exhibit “A” dated April 5, 2000, on file in the Carlsl:
Planning Department, POINSETTIA PARK MAINTENANCE OFFICE, CUP 92-05(A)
provided by the conditions of approval of CUP 92-05 and Chapter 21.42 and/or 21.50 of
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of April, 2000, hol
~ duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimol
and arguments, if any, of all persons desiring to be heard, said Commission considered all factc
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4 Il relating to the CUP amendment.
5 WHEREAS, on October 7, 1992, the Planning Commission approv
6 POINSETTIA PARK (ALTA MIRA COMMUNITY PARK), CUP 92-05, as described a
7 conditioned in Planning Commission Resolution No. 3434.
8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni
9 )I Commission of the City of Carlsbad as follows:
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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 POINSETTIA PARK (ALTA MIRA COMMUNITY PARI
CUP 92-05(A), based on the following findings and subject to the followi
conditions:
/I Findinm: 15
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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 t
proposed use is located, in that maintenance facilities are required to properly servj
parks. The maintenance facility will provide City Park & Recreation employ(
with a field work station that will be utilized to better service the community pal
The maintenance facility would not impose any detrimental impacts to other uses
the same vicinity since the surrounding area is developed with Poinset
Community Park.
2. That the site for the intended use is adequate in size and shape to accommodate the use,
that the maintenance facility is only half of the size of the future permanent 8
square foot maintenance facility and is confined to a designated developable porti
of the lot and minor in size.
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 the 14 foot high maintenance facility would be plac
on a pregraded pad within an existing maintenance yard and no further grading
proposed. The maintenance yard is screened by chain link fencing, a six fc
concrete block wall and landscaping. Adequate parking spaces will be provid
within the maintenance yard. No setbacks are required for the maintenar
building, however, the maintenance building is setback approximately 130 feet frc 11 PC RES0 NO. 4736 -2-
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the northern property line and is well buffered from the adjacent residenti
development to the north.
4. That the street system serving the proposed use is adequate to properly handle all traf
generated by the proposed use, in that no traffic will be generated by the maintenan
building, therefore no little impact on the existing street system which is ful
improved and operates at an acceptable level will occur.
5. The Planning Director has determined that;
A. the project is a project for which a Mitigated Negative Declaration w
previously adopted [ 15 1621;
B. this project is consistent with the project cited above;
C. a Mitigated Negative Declaration was approved in connection with the pri
project (CUP 92-05);
D. the project has no new significant environmental effect not analyzed as signific:
in the prior Mitigated Negative Declaration;
E. none of the circumstances requiring a Subsequent Mitigated Negati
Declaration under CEQA Guideline Sections 15162 exist in that no substant
changes to the project are proposed and there is no new information
substantial importance.
6. The Planning Commission finds that all feasible mitigation measures identified on t
Mitigated Negative Declaration ALTA MIRA COMMUNITY PARK, CUP 92-
which are appropriate to this Subsequent Project have been incorporated into tl
Subsequent Project.
7. The Planning Commission has reviewed each of the exactions imposed on the DeveloI
contained in this resolution, and hereby finds, in this case, that the exactions are impos
to mitigate impacts caused by or reasonably related to the project, and the extent and 1
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 the issuance
a building 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
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 fixther condition all certificates of occupar
issued under the authority of approvals herein granted; institute and prosecute litigatior
compel their compliance with said conditions or seek damages for their violation.
1) PC RES0 NO. 4736 -3-
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vested rights are gained by Developer or a successor in interest by the City’s approval
this Conditional Use Permit Amendment.
Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the Conditional Use Permit Amendment documents, as necess:
to make them internally consistent and in conformity with the final action on the proje
Development shall occur substantially as shown on the approved Exhibits. Any propos
development different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and 101
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the paym
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this 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.
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, fi-om (a) City’s approval and issuance of this Conditional Use Pern
Amendment, (b) City’s approval or issuance of any permit or action, whet1
discretionary or non-discretionary, in connection with the use contemplated herein, a
(c) Developer/Operator’s installation and operation of the facility permitted here1
including without limitation, any and all liabilities arising from the emission by 1
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the City a reproducible 24” x 36”, mylar copy of the S
Plan reflecting the conditions approved by the final decision making body.
This project shall comply with all conditions and mitigation measures which are requir
as part of the Zone 20 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
the time of the application for the building permit, and that water and sewer capacity
and facilities will continue to be available until the time of occupancy.
Prior to issuance of a Building Permit, the Developer shall apply for and obtain appro’
of a Coastal Development Permit issued by the California Coastal Commission, tl
substantially conforms to this approval. A signed copy of the Coastal Developml
Permit must be submitted to the Planning Director.
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10. This Conditional Use Permit is granted for a period of ten (10) years from the date of tl
approval, with a new expiration date of April 5, 2010. This Conditional Use Permit sh
be reviewed by the Planning Director on a yearly basis to determine if all conditions
this permit have been met and that the use does not have a substantial negative effect
surrounding properties or the public health and welfare. If the Planning Direc
determines that the use has such substantial negative effects, the Planning Director sh
recommend that the Planning Commission, after providing the permittee the opportun
to be heard, add additional conditions to reduce or eliminate the substantial negatj
effects. This permit may be revoked at any time after a public hearing, if it is found tl
the use has a substantial detrimental effect on surrounding land uses and the publi,
health and welfare, or the conditions imposed herein have not been met. This permit IT
be extended for a reasonable period of time not to exceed ten (10) years upon writ‘
application of the permittee made no less than 90 days prior to the expiration date. ’I
Planning Commission may not grant such extension, unless it finds that there are
substantial negative effects on surrounding land uses or the public’s health and welfa
If a substantial negative effect on surrounding land uses or the public’s health and welf
is found, the extension shall be denied or granted with conditions which will eliminate
substantially reduce such effects. There is no limit to the number of extensions
Planning Commission may grant.
11. Approval of CUP 92-05(A) supplements the approval of CUP 92-05. All conditic
of approval of Planning Commission Resolution No. 3434, dated October 7, 19!
remain in full force and effect except as modified herein.
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12. This approval shall become null and void if building permits are not issued for t l6
Code Reminders:
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permit issuance, except as otherwise specifically provided herein. 19 Zoning Ordinance and all other applicable City ordinances in effect at time of build
13. Approval of this request shall not excuse compliance with all applicable sections of 18
project within 24 months from the date of project approval. 17
21 /I NOTICE
22 Please take NOTICE that approval of your project includes the “imposition” of fi
“fees/exactions.” 23
dedications, reservations, or other exactions hereafter collectively referred to for convenienct
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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 Sect
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 tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
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DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plannj
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exacti
PC RES0 NO. 4736 -5-
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zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any feedexactions of which you have previously been giv
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 5th day of April, 2000, by 1
following vote, to wit:
AYES: Chairperson Compas, Commissioners L’Heureux, Nielsen, Segal
and Trigas
NOES:
ABSENT: Commissioners Heineman and Baker
ABSTAIN:
d& PAW@Jd
WILLIAM COMPAS, Chairperson /
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4736 -6-