HomeMy WebLinkAbout2001-05-02; Planning Commission; Resolution 49741
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PLANNING COMMISSION RESOLUTION NO. 4974
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT AND
OPERATE THE PUBLIC WORKS CENTER ON PROPERTY
GENERALLY LOCATED AT THE CITY’S SAFETY CENTER
LOCATED AT ORION WAY IN LOCAL FACILITIES
MANAGEMENT ZONE 5
CASE NAME: PUBLIC WORKS CENTER
CASE NO.: CUP 01-02
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
A portion of Lot “B” of Ranch0 Agua Hedionda according to
Map No. 823, filed November 16, 1896, in the office of the San
Diego County Recorder
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A’‘-‘IQ” dated May 2, 2001, on tile in the Carlsbad Planning
Department, PUBLIC WORKS CENTER, CUP 01-02, as provided by Chapter 21.42 and/or
21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of May, 2001, 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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES PUBLIC WORKS CENTER CUP 01-02, based on the following
findings and subject to the following conditions:
Findings:
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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 this project implements the Governmental (G)
Facilities General Plan designation that regulates the site by providing Public
Works facilities, offices and yard space to serve the needs of the City and citizens.
The project also implements the plan to develop the entire Safety Center site with
city facilities and offices.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the necessary improvements can be provided while complying with all
applicable city standards. In addition, the proposed Public Works Center will not
adversely impact the other existing City uses onsite which includes the Safety Center
offices, the City Skateboard Park and Fire Station No. 5.
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 provide landscaping, lighting,
signage, parking and employee eating areas. The project will also comply with the
requirements of the National Pollution Discharge Elimination System regulations to
control urban runoff and not adversely impact the environment or watershed that
contains the project site. The grading for this project will involve a iill slope for the
administration building and it is hereby established that the new finished grade
elevation will be considered the existing grade for the purpose of building height
measurement and compliance.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the Orion Way street system can accommodate
approximately 5,000 average daily trips and the project is anticipated to generate
approximately 2,687 average daily trips.
The project is consistent with the various objectives and goals of the General Plan in
that the project implements the existing General Plan designation of Governmental
(G) Facilities by providing civic buildings, maintenance yards and city storage space
at the Safety Center which already has existing City uses onsite.
Regarding the existing Safety Center, Skateboard Park and Fire Station No. 5, those
uses continue to be necessary and desirable for the development of the community
by providing necessary public safety services and a recreational park use with a
central location. They will be compatible with the future Public Works
improvements as reflected on the project exhibits. The site is adequate in size and
shape to accommodate the existing uses as well as the proposed improvements and
the Orion Street system is adequate for the development of the entire site consistent
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with the Governmental Facilities General Plan designation. This Conditional Use
Permit, CUP 01-02, will formally replace and supersede the following: Safety
Center and CUP 263; Skateboard Park and CUP 98-05, and; Fire Station No. 5 and
CUP 88-06(A).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
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permit issuance.
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 CUP 01-02 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
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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.
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.
a. 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
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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.
This approval is granted subject to the approvals of CUP Ol-Ol/SP 180(F) and GPA OO-
08 and is subject to all conditions contained in Planning Commission Resolution Nos.
4941, 4942, 4943 and 4944 for those other approvals. In addition, this approval shall
become null and void if CUP Ol-Ol/SP 180(F) and GPA 00-08 are not approved
prior to building permit issuance for the Public Works Center.
This Conditional Use Permit, CUP 01-02, shall supersede the Conditional Use
Permits associated with the existing Safety Center, Skateboard Park and Fire
Station No. 5. This CUP shall regulate those uses as well as the proposed Public
Works Center. Specifically, CUP 262, CUP 98-05 and CUP 88-06(A) are hereby
repealed and superseded by CUP 01-02.
Phasing of the improvements as shown on the project exhibits may be allowed by
the Public Works Director in consultation with the Planning Director as necessary.
This project shall implement and comply with the mitigation measures contained in
the Mitigated Negative Declaration processed with the project addressing the
replacement balliield requirement as contained in Planning Commission Resolution
No. 4973.
The outdoor eating area located on the north/northeast corner of the site’s
perimeter shall be developed with appropriate employee eating amenities to the
satisfaction of the Planning Director prior to the approval of occupancy for any new
Public Works building
Engineering:
12. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Contractor shall apply for and obtain approval from, the City
Engineer for the proposed haul route.
13. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards.
Grading
14. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
15. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
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Dedications/Improvements
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Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City.
Developer shall install improvements shown on the site plan and the following
improvements including, but not limited to paving, base, sidewalks, curbs and gutters,
grading, clearing and grubbing, sewer, water, storm drain system, tire hydrants, street
lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the
City Engineer.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All tenants shall coordinate efforts to establish or work with established disposal
programs to remove and properly dispose of toxic and hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to occupancy, Developer shall install street lights along all public and private street
frontages abutting and/or within the project site in conformance with City of Carlsbad
Standards.
Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
project site in conformance with City of Carlsbad Standards.
Prior to occupancy, Developer shall install wheelchair ramps at the public street comers
abutting the project site in conformance with City of Carlsbad Standards.
Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffic index of 5.0 in accordance with City Standards
due to truck access through the parking area and/or aisles with an ADT greater than 500.
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PC RESO NO. 4974 -6-
The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
23. Note(s) to the following effect(s) shall be placed on the site plan, grading plan and
landscape plan:
No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
24. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of May 2001 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
L’Heureux, Nielsen, and Trigas
NOES:
ABSENT:
ABSTAIN:
mv
CARLSBAD PLANNING COMMISSION
ATTEST:
!W
MICHAEL J. HtiZMIl?LER
Planning Director
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