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HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52361 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. 5236 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE TEMPORARY USE OF A VACANT PARCEL AS A MATERIALS STORAGE YARD FOR THE MAINTENANCE AND CONSTRUCTION OPERATIONS OF THE CITY’S PUBLIC WORKS DEPARTMENT, ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF PALOMAR OAKS WAY AND THE FUTURE CARRIER AVENUE, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: PUBLIC WORKS MATERIALS STORAGE CASE NO.: CUP 02-02 WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lots 65 and 66 of Carlsbad Tract No. 81-46, Unit 3, according to Map No. 11289, filed in the Office of the County Recorder of San Diego County on July 16, 1985, 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 as shown on Exhibits “A” - “B” dated July 17, 2002, on file in the Carlsbad Planning Department, PUBLIC WORKS MATERIALS STORAGE - CUP 02-02, as provided by Chapter 21.42 andor 21 SO of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of July 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. 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. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES PUBLIC WORKS MATERIALS STORAGE - CUP 02-02, based on the following findings and subject to the following conditions: Findinm: 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 the proposed materials storage is necessary for the continued repair and maintenance operations of the Public Works Department; the use is consistent with those uses allowed in the Planned Industrial land use designation; and the use is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. That the site for the intended use is adequate in size and shape to accommodate the use, in that all proposed features can fit within the existing disturbed area without encroachments into existing open space. 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 materials storage yard would be surrounded and screened by a fence with opaque slats; no encroachment into adjacent open space is proposed; and the site would be served by an all-weather access road. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project generates negligible traffic, which can be accommodated by the local industrial street serving the project site. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that the project is conditioned to record a notice concerning aircraft noise and record an avigation easement over the property. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the Noise Compatibility Matrix contained in the CLUP allows storage facilities within the over 75 dBA CNEL aircraft noise contour. The Planning Commission of the City of Carlsbad does hereby find: A. It has reviewed, analyzed and considered Mitigated Negative Declaration and the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to APPROVING the project; and B. The Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and PC RES0 NO. 5236 -2- I 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 C. They reflect the independent judgment of the Planning Commission of the City of Carlsbad; and D. Based on the EIA Part I1 and comments thereon, the Planning Commission, there is no substantial evidence the project will have a significant effect on the environment. 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: 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to occupancy of the site. 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. 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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 occupancy of the site. ... ... PC RES0 NO. 5236 -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 6. 7. 8. 9. 10. 11. ... A. B. This Conditional Use Permit shall be reviewed by the Planning Director annually 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 three (3) years from July 17,2002 to July 16,2005. 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 one (1) year 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. Prior to the occupancy of the site, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Prior to occupancy of the site, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. No outdoor storage of hazardous materials shall OCCLK 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. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall implement, or cause the implementation of, the Project Mitigation Monitoring and Reporting Program. PC RES0 NO. 5236 -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 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 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 17th day of July 2002 by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, White, and Whitton NOES: None ABSENT: Commissioner Segall ABSTAIN: None 1 SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5236 -5-