HomeMy WebLinkAbout2002-07-17; Planning Commission; Resolution 52361
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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.
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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:
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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 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-
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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:
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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.
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PC RES0 NO. 5236 -3-
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6.
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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-
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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-