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HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50871 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. 5087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXTEND THE TIME LIMIT FOR ISSUANCE OF BUILDING PERMITS FOR THE CONVERSION OF AN EXISTING 135,660 SQUARE FOOT INDUSTRIAL 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(A) WHEREAS, Integrated Capital Technologies, Inc, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as 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 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibits “A” - “F” dated November 7, 2001, on file in the Carlsbad Planning Department PALOMAR AIRPORT SELF STORAGE - CUP 99-06(A), as provided by the conditions of approval of CUP 99-06 and Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of November 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 amendment. WHEREAS, on January 19,2000, the Planning Commission approved CUP 99- 06, as described and conditioned in Planning Commission Resolution No. 4718. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES PALOMAR AIRPORT SELF STORAGE - CUP 99-06(A) based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 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 mini-warehouses are an allowed conditional use in the Planned Industrial Zone, the proposed use provides desired storage space for the office and business uses in the industrial area, the proposed project provides for more parking than is required for the use, and the proposed use produces less traffic than the existing industrial use. That the site for the intended use is adequate in size and shape to accommodate the use, in that, except for the proposed security gates and a perimeter solid masonry wall, no additional external improvements are needed for the conversion of the existing building to a self-storage use. 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 all storage will be contained inside the building except for recreational vehicles which will be completely screened from public views by existing mature landscaping and a solid masonry wall. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing industrial streets were designed to accommodate the traffic levels of the exiting use (780 ADT) while the proposed use only generates 393 average daily trips. 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 preparation of environmental documents pursuant to Section 15332 (In-fill Development Projects) 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. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 5087 -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 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit. 1. 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 Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment 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. 3. 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. 4. 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. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit Amendment, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. 6. 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. This Conditional Use Permit is granted for a period of five (5) years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial PC RESO NO. 5087 -3- 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. 8. 9. 10. 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 five (5) 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 that will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. Approval of CUP 99-06(A) supplements the approval of CUP 99-06. All conditions of approval of Planning Commission Resolution No. 4718 remain in full force and effect except as modified herein. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of this approval. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Prior to issuance of building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. Code Reminders: 11. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 12. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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 tile 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 PC RESO NO. 5087 -4- 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 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of November 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: . ABSENT: Commissioner Baker ABSTAIN: /- JEFl&‘& SEGALL, Clf&@ CARLSBAD PLANNING COGSSION ATTEST: MICHAEL J. H%ZM+l!LER Planning Director PC RESO NO. 5087 -5-