HomeMy WebLinkAbout2003-08-06; Planning Commission; Resolution 54421
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PLANNING COMMISSION RESOLUTION NO. 5442
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION
OF AN EXISTING 69,424 SQUARE FOOT INDUSTRIAL
GENERALLY LOCATED ON THE EAST SIDE OF CORTE DEL
ABETO, BETWEEN PALOMAR AIRPORT ROAD AND CORTE
DEL NOGAL IN LOCAL FACILITIES MANAGEMENT ZONE 5.
BUILDING TO A SELF-STORAGE FACILITY ON PROPERTY
CASE NAME:
CASE NO.: CUP 03-13
PALOMAR AIRPORT SELF-STORAGE #2
WHEREAS, McRoskey Family Trust, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 3 of Carlsbad Tract No. 80-34, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, on April 15, 1998
as File No. 81-115130 of Official Records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “E” dated August 6,2003, on file in the Carlsbad Planning
Department, PALOMAR AIRPORT SELF-STORAGE #2 - CUP 03-13, as provided by
Chapter 21.42 and/or 2 1.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of August, 2003 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
based on the following findings and subject to the following conditions:
APPROVES PALOMAR AIRPORT SELF-STORAGE #2 - CUP 03-13,
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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 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 far
more parking than 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 security gates, 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 of the storage will be contained within the
building and the existing perimeter fencing is proposed to remain.
That the street system serving the proposed use is adequate to properly handle all traffk
generated by the proposed use, in that the existing industrial streets were designed to
accommodate the traffic levels using the existing use (467 ADT) while the proposed
use only generates 283 ADT.
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 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit.
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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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
DeveloperDperator 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, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the 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 5 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.
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This Conditional Use Permit is granted for a period of ten (10) years from August 6,
2003 to August 5,2013. 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 ten (10) 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.
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 approval is granted subject to the approval of PIP 85-06(A) and is subject to all
conditions contained in the Administrative Approval letter for that other approval
incorporated herein by reference.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project 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.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the building permit, 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, notiflmg all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5442 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.
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No outdoor storage of materials, including motorized vehicles, trailers, and other
recreational vehicles, or indoor storage of any hazardous materials shall occur onsite
unless required or approved by the Fire Chief. When so required or approved, the
Developer shall submit and obtain approval of the Fire Chief and the Planning Director of
an Outdoor Storage Plan or Indoor Hazardous Material Storage Plan, and thereafter
comply with the approved plan.
If any additional exterior lighting is proposed, the 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.
Engineering
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All owners and tenants shall coordinate efforts to establish or work with established
disposal programs to remove and properly dispose of toxic and hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze,
solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be
discharged into any street, public or private, or into storm drain or storm water
conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides,
fertilizers and other such chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants when
planning any changes to the landscaping and surface improvements.
Within 6 months of the date of approval of this Conditional Use Permit, Developer
shall submit to and receive approval from the City of Carlsbad Engineering
Department of a Storm Water Management Plan (SWMP). This project is required
to capture and reduce pollutants to a level of insignificance. The organization and
content of the SWMP shall be prepared in accordance with the guidelines as
established by the CRWQCB and as modified by the City of Carlsbad. The SWMP
shall address the anticipated pollutants of concern associated with the Project and
shall suggest the type(s) of post-construction (source and structural) Best
Management Practices (BMPs) required to avoid contact with storm water or filter
pollutants of concern.
Within 12 months of the date of approval of this Conditional Use Permit, Developer
shall have implemented (constructed) the necessary BMP measures necessary to
capture and filter the anticipated pollutants of concern associated with the Project
in accordance with the City-approved SWMP, the latest California National
Pollution Discharge Elimination System (NPDES) permit requirements, and the
City of Carlsbad Standard Urban Stormwater Management Plan.
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Code Reminders:
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.
23. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
25. 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 feedexactions
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.
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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 6th day of August, 2003 by the
following vote, to wit:
AYES: Commissioners Heineman, Montgomery, Segall, White, and
Whitton
NOES: None
ABSENT: Chairperson Baker and Commissioner Dominguez
ABSTAIN: None
MELISSA WHITE, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HmZMII!dER
Planning Director
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