HomeMy WebLinkAbout2002-04-03; Planning Commission; Resolution 51491
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PLANNING COMMISSION RESOLUTION NO. 5149
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW AN ADDITIONAL
MODULAR CLASSROOM AND REDESIGN OF THE SHARED
PARKING AND PLAYGROUND AREA ON PROPERTY
GENERALLY LOCATED NORTH OF TAMARACK AVENUE,
BETWEEN ADAMS AVENUE AND PI0 PIC0 DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ST. PATRICK’S SCHOOL
CASE NO.: CUP 20403)
WHEREAS, Caroline F. Dooley, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Roman Catholic Bishop of San Diego,
“Owner,” described as
That portion of Tract No. 236 of Thum Lands, according to
Map No. 1681, filed in the Office of the County Recorder on
December 14, 1915, 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 “Att - “B” dated April 3, 2002, on file in the
Carlsbad Planning Department, ST. PATRICK’S SCHOOL - CUP 204(D) as provided by
Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of April 2002, 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 March 6, 1996, the Planning Commission approved CUP
204(C), as described and conditioned in Planning Commission Resolution No. 3888; and
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WHEREAS, on May 15,1991, the Planning Commission approved CUP 204(B),
as described and conditioned in Planning Commission Resolution No. 3213; and
WHEREAS, on August 12, 1981, the Planning Commission approved CUP 204,
as described and conditioned in Planning Commission Resolution No. 1845;
WHEREAS, on August 27,1974, the Planning Commission approved CUP 99, as
described and conditioned in Planning Commission Resolution No. 1087;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES ST. PATRICKS SCHOOL - CUP 204@), based on the following
findings and subject to the following conditions:
Findings:
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 private schools augment the existing public school
system; the site is designated for Private Schools in the General Plan Land Use
Element; and the proposed modular building would be sited near the existing
modulars and adjacent to another private school.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed modular classroom and associated parking can fit within the
existing site, while meeting all applicable standards.
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 proposed modular classroom would be located
within the school campus, which is surrounded by another private school, a church,
and a restaurant, and set back from the adjacent property line.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the 13 additional average daily traffic trips
generated by the proposed use is considered negligible and can be accommodated by
the adjacent streets serving the project site (Adams Street and Tamarack Avenue).
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
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ordinances. The project includes elements or has been conditioned to construct or
provide fbnding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to provide proof fiom the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
6. 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 fiom the requirement for the
preparation of environmental documents pursuant to Section 15303 (New Construction
and 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.
7. 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.
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 modi@ 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.
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4.
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10.
a.
b.
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/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.
The Developer shall submit to Planning Department a reproducible 24" x 36", mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
Developer shall provide proof to the Director from the Carlsbad Unified School District
that this project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
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.
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 from April 3,2002
through April 2,2007. 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 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.
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11.
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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.
This approval is granted subject to the approval of CDP 02-12 and is subject to all
conditions contained in Planning Commission Resolution No. 5176 for that other
approval.
The Developer shall report, in writing, to the Planning Director within 30 days, any
address change fiom that which is shown on the permit application.
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notieing all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit Amendment and Coastal Development Permit by Resolutions
No. 5149 and 5176, respectively, on the property. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Engineering:
16. Prior to hauling dirt or construction materials to or fiom any proposed construction site
within this project, Developer shall apply for and obtain approval fiom the City Engineer,
for the proposed haul route.
17. 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.
18. Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board. The SWPPP shall address measures to reduce to the maximum extent possible
storm water pollutant runoff at both construction and post-construction phases of the
project. At a minimum, the Plan shall:
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19.
a) Identifl existing and post-development on-site pollutants;
b) Recommend source control Best Management Practices (BMPs) to
pollutants;
filter said
c) Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants;
d) Ensure long-term maintenance of all post construct BMP’s in perpetuity;
Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
flows, fire hydrant locations and building sprinklers) are required to serve the project.
On-site fire hydrants shall be considered a public improvement and shall be served by
public water mains, within 20’ minimum public easements, to the satisfaction of the
CMWD District Engineer.
Code Reminders:
20. 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.
21. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
23. Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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 feedexactions. 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
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project; NOR DOES IT APPLY to any feedexactions 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 3rd day of April 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Dominguez, Heineman,
Segall, White, and Whitton
NOES: None
ABSENT: Commissioner Baker
ABSTAIN: None
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO~ZMI~LER
Planning Director
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