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HomeMy WebLinkAbout2000-07-19; Planning Commission; Resolution 48061 ~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4806 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A STORAGE STRUCTURE/SKATE PARR RESTROOMS ON PROPERTY GENERALLY LOCATED AT CITY’S SAFETY CENTER, BETWEEEN FIRE STATION NO. 5 AND THE CITY SKATE PARR, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: FIRE STATION NO. 5 STORAGE/SKATE PARR RESTROOMS CASE NO.: CUP 88-06(A) WHEREAS, the City of Carlsbad, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner”, described as Portion of Lot B per Map 823, Ranch0 Agua Hedionda as recorded in San Diego County on November 16,1896. Portion of Assessors Parcel Number 209-050-26. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A’‘-“E” dated July 19, 2000, on file in the Carlsbad Planning Department, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19”’ day of July 2000, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES, FIRE STATION NO. 5 STORAGE/SKATE PARK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESTROOMS, CUP 88-06(A), based 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, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed storage facility/restroom structure totaling approximately 1,940 square feet will serve the storage needs of Fire Station No. 5 as well as provide permanent restroom facilities for the City’s Skate Park. The Skate Park is currently serviced by a portable restroom system and this proposal would construct permanent facilities. In addition, the proposed structure will have a roof element to assist with periodic firefighter training; this component of the project has been designed to eliminate any conflicts between skatepark users and firemen in training. The multi-purpose structure is consistent with the various goals and objectives of the General Plan in that it will assist both adjacent uses (Fire Station and Skate Park) to more effectively serve their users. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the multi-purpose structure has been located on the west edge of the Skate Park interfacing with the east edge of Fire Station No. 5’s site/parking area so as to minimize disturbance to the daily activities of both adjacent uses. The proposed structure provides for male and female restrooms, two vending alcoves, janitorial storage space, Fire Station storage space including an approximately 600 square foot future mezzanine area, and a roof component for firemen training purposes. The site is adequate in size and shape to accommodate the above-described features without impacting either land use. 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project will be maintained in keeping with City standards for parks and fire stations. In addition, the location and configuration of the roof component for firemen training has been designed to eliminate conflicts between skaters and firemen in training. A row of landscaping in the form of eleven 15 gallon screening trees are also proposed to assist with building screening from easterly and southeasterly viewpoints. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed multi-purpose structure will provide amenities that would be used by users who already will be onsite at either the Skate Park or Fire Station No. 5. Certain training activities already occur at Fire Station No. 5, and users of the Skate Park are currently utilizing a temporary restroom system; the proposed features of the multi-purpose structure will not generate traffic to the local street system on their own accord. 5. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the PC RESO NO. 4806 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 preparation of environmental documents pursuant to Section 15303, Class 3 - New Construction or Conversion of Small Structures of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Class 3 exempts single-family residences, apartments and duplexes up to four units, and stores, offices or other commercial structures with an occupant load maximum of 30 persons. The proposed 1,940 multi-purpose structure qualifies for the Class 3 exemption. Conditions: Note : 1 Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit issuance. PC RFSO NO. 4806 -3 1. 2. 3. 4. 5. 6. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. The Developer shall submit to Planning Director a reproducible 24” x 36”, mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. school facilities. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. This Conditional Use Permit is granted for a period of 10 years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 10 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. Engineering Conditions Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this application, must be met prior to building permit issuance. 8. The project shall pay all current fees and deposits that are required. 9. The Developer shall ensure that adequate access aisles are maintained at Fire Station No. 5 so as to not impede the movement of Fire/emergency vehicles. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of July 2000, by the following vote, to wit: AYES: Chairperson Compaq Commissioners Baker, Heineman, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING C-OMMISSION Planning Dir&or PC RESO NO. 4806 ’