HomeMy WebLinkAbout2004-09-15; Planning Commission; Resolution 57311
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PLANNING COMMISSION RESOLUTION NO. 5731
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
THE ADDITION OF A STORAGERESTROOM BUILDING
AND TWO MOBILE BUILDINGS ON THE PINE AVENUE
PARK SITE ON PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF HARDING STREET AND
MENT ZONE 1.
CASE NAME: PINE AVENUE PARK
CHESTNUT AVENUE IN LOCAL FACILITIES MANAGE-
CASE NO.: CUP 03-18(A)
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Tract 110 of Carlsbad Lands, according to Map No. 1661, filed
in the Office of the County Recorder on February 27, 1915;
and Portions of Blocks 45,46, and 59 and Lots 5 through 10 of
Town of Carlsbad Amended, according to Map No. 775, filed
in the Office of the County Recorder on February 15,1893, all
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” - “E” dated September 15, 2004, on file in the Planning
Department, PINE AVENUE PARK - CUP 03-18(A), as provided by Chapter 21.42 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of September 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 CUP.
WHEREAS, on February 10, 2004, the City Council approved CUP 03-18, as
described and conditioned in Planning Commission Resolution No. 5526.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
APPROVES PINE AVENUE PARK - CUP 03-18(A), based on the following
findings and subject to the following conditions:
FindinPs:
1.
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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 structures serve the park use which is
desirable to provide a recreational opportunity for the residents of the northwest
quadrant of the city and is harmonious with the Parks and Recreation Element of
the General Plan; the storage/restroom building has been designed to be compatible
with the existing Senior Center building and future structures within the park; the
mobile buildings site development will include landscaping to partially screen the
structures from public views; and no additional traffic above that anticipated with
the original park CUP approval is proposed.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site can accommodate the proposed buildings and can still provide all
required parking, screening and other amenities of the originally approved park
development.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted hture uses in the neighborhood will be
provided and maintained, in that the proposal includes enhanced landscaping to
partially screen the mobile building from public views.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that no additional traffic above that anticipated with
the original park CUP approval is proposed.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated September 15,2004 including, but not limited to the following:
The proposed structures would provide necessary support and program space
outdoor recreation uses within Pine Avenue Park;
PC RES0 NO. 5731 -2-
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The proposed storage/restroom building will meet all applicable requirements of the
UBC and State building requirements and the proposed mobile buildings will meet
the seismic standards as regulated by the State Department of Housing and
Community Development.
7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
8. 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 15303 - New Construction
or Conversion of Small Structures 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.
Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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 Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment 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
PC RES0 NO. 5731 -3-
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5.
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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.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified 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 1 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.
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 Amendment is granted for a period of five (5) years
from September 15,2004 through September 14,2009. 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 are 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 project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 03-18) as contained in Planning Commission Resolution No. 5526.
Minor additions to existing buildings (not including mobile buildings) or facilities
and new accessory buildings (not including mobile buildings) consistent with public
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use and enjoyment of the park may be approved by the Planning Director provided
that additions to existing buildings do not exceed ten (10) percent of the floor area of
the existing structure and new buildings do not exceed 1,500 square feet.
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 fees/exactions. 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.
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PC RES0 NO. 5731 -5-
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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 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 15th day of September 2004 by the
following vote, to wit:
AYES: Chairperson Whitton; Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
NOES:
ABSENT:
ABSTAIN:
;/FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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