HomeMy WebLinkAbout2002-09-18; Planning Commission; Resolution 52811
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PLANNING COMMISSION RESOLUTION NO. 5281
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW TWO TEMPORARY
MODATE INTERIM COMMUNITY USES ON PROPERTY
GENERALLY LOCATED AT SOUTHWEST CORNER OF
HARDING STREET AND PINE DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1
CASE NAME: PINE SCHOOL TRAILERS
CASE NO.: CUP 02- 13
WHEREAS, the City’s Parks and Recreation Division, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by the City of
Carlsbad, “Owner,” described as
TRAILERS ON THE PINE SCHOOL SITE TO ACCOM-
Portion of Lot 59 in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 1661, filed in
the Office of the County Recorder of San Diego County March
1,1915 APN 204-100-05
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “By’ dated September 18, 2002, on file in the Carlsbad
Planning Department, PINE SCHOOL TRAILERS - CUP 02-13, as provided by Chapter
21.42 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of September 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:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES PINE SCHOOL TRAILERS - CUP 02-13, 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 use benefits the community by providing
a location for highly valued community uses (Centro de Informacion and the Stay
and Play after-school program) while the future redevelopment of the area is
planned as part of the Northwest Community Park complex. This interim use is
consistent with the General Plan designation of Elementary School and a zoning of
Open Space, with the approval of a conditional use permit, and will not be
detrimental to existing, adjacent or future planned uses.
That the site for the intended use is adequate in size and shape to accommodate the use,
in that the site can accommodate the two 60’ long by 22’ wide trailers without
creating compatibility impacts with adjacent uses nor hindering the future park
planning efforts for the area.
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 meets all Fire and Building code
regulations, as well as providing ADA modifications to the parking lot and handicap
access ramps to the trailers.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed use would not generate additional
vehicle trips since existing uses are being accommodated and most of the users of the
Centro de Informacion and/or the Stay and Play Program are dropped off by
parents or walk to the site. The future development of the site with the Northwest
Community Park will re-assess the adequacy of the adjacent street system to handle
all of the traffic generated by that park complex project.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the City’s General Plan, based on the facts set forth in the staff report
dated September 18, 2002 and recognizes that community uses on City property in
Open Spaces and/or City park sites provide a necessary and essential amenity for
the community and area citizens.
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 15302 of the state CEQA
Guidelines, Replacement or Reconstruction. In making this determination, the Planning
PC RES0 NO. 5281 -2-
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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:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
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 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.
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.
The Developer shall submit to the Planning Department 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.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
PC RES0 NO. 5281 -3-
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8. 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.
9. This Conditional Use Permit is granted for a period of three (3) years from September
18,2002 through September 17,2005. 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 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 which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
Code Reminders:
10. 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.
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.
...
PC RES0 NO. 5281 -4-
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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 18th day of September 2002, by the
following vote, to wit:
AYES: Commissioners Dominguez, Baker, Heineman, Segall, White, and
Whitton
NOES: None
ABSENT: Chairperson Trigas
ABSTAIN: None
A. n
n,
ATTEST:
Planning Director
PC RES0 NO. 5281 -5-