HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55601
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PLANNING COMMISSION RESOLUTION NO. 5560
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA7 APPROVING SITE
REPLACEMENT OF AN EXISTING 576 SQUARE FOOT
MODULAR BUILDING WITH A 1,440 SQUARE FOOT
MODULAR BUILDING WITHIN THE PARKS DEPARTMENT
MAINTENANCE YARD, ON PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF CARLSBAD
VILLAGE DRIVE AND PI0 PIC0 DRIVE, IN LOCAL
FACILITIES MANAGEMENT ZONE! 1.
CASE NAME: PARKS MAINTENANCE BUILDING
DEVELOPMENT PLAN SDP 03-20 TO ALLOW THE
CASE NO.: SDP 03-20
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Portion of Tract 117 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, according
to Map No. 1661, filed in the Office of the County Recorder of
the County of San Diego on March 1,1915
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “C” dated February 4, 2004, on file in the Planning
Department, PARKS MAINTENANCE BUILDING - SDP 03-20 as provided by Chapter
21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of February 2004,
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 Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Plannin
Commission APPROVES PARKS MAINTENANCE BUILDING - SDP 03-
20 based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the existing modular building is in disrepair and reduces the
ability to provide maintenance functions to the City parks and selected roadway
medians and parkways; the modular building is designed to the seismic safety
standards of the State Department of Housing and Community Development; and
the proposed modular building would not generate any additional traffic.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all proposed improvements can fit within the existing site without the need for
significant improvements or modifications and the proposed modular building
would meet all applicable development standards.
3. That all 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 internal location of the modular building
substantially screens it from views due to existing landscaping and buildings, and
thereby negates the need for any additional features to adjust the use to existing and
permitted future uses and the proposed modular building conforms to the required
setbacks.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that no additional traffic would be generated by the
proposed modular building.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
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 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
PC RES0 NO. 5560 -2-
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2.
3.
4.
5.
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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.
This approval is granted subject to the approval of CUP 03-31 and is subject to all
conditions contained in Planning Commission Resolution No. 5559 for that other
approval incorporated herein by reference.
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.
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PC RES0 NO. 5560 -3-
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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 4th day of February 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5560 -4-