HomeMy WebLinkAbout2004-09-15; Planning Commission; Resolution 57321
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PLANNING COMMISSION RESOLUTION NO. 5732
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
THE ADDITION OF A MOBILE BUILDING ON THE AVIARA
PARK SITE ON PROPERTY GENERALLY LOCATED AT THE
NORTHERN TERMINUS OF AMBROSIA LANE, NORTH OF
POINSETTIA LANE IN PLANNING AREA 32 OF THE
AVIARA MASTER PLAN, IN LOCAL FACILITIES
MANAGEMENT ZONE 19
CASE NAME: AVIARA PARK TEMPORARY BUILDING
CASE NO.: CUP 0 1 -22(A)
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Those portions of Section 35, Township 12 South, Range 4
West and Section 2, Township 13 South, Range 4 West, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to official plan thereof,
said property being more particularly described in Exhibit
“A” of Quitclaim Deed recorded March 28, 1989 as File No.
89-157040 of official records of said San Diego County
(“the Property’); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “C” dated September 15, 2004, on file in the Planning
Department, AVIARA PARK TEMPORARY BUILDING - CUP 01-22(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 20, 2002, the City Council approved CUP 01-22, as
described and conditioned in Planning Commission Resolution No. 5109.
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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
based on the following findings and subject to the following conditions:
APPROVES AVIARA PARK TEMPORARY BUILDING - CUP 01-22(A),
FindinPs :
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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 structure serves the park use which is
desirable to provide a recreational opportunity for the residents of the southwest
quadrant of the city and is harmonious with the Parks and Recreation Element of
the General Plan; the mobile building is located so as to be distant from the public
rights-of-way and neighboring residential development and will include skirting to
screen the chassis and utility connections; 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 future uses in the neighborhood will be
provided and maintained, in that the proposal includes skirting to screen the mobile
building chassis and utility connections.
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 for
the outdoor recreation uses within Aviara Park; and
PC RES0 NO. 5732 -2-
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The proposed mobile building will meet the seismic standards as regulated by the
State Department of Housing and Community Development.
7. The project is consistent with the Aviara Master Plan (MP 177 and its amendments)
in that the proposed mobile building will be used for park operations purposes and
meets the setback and building height requirements for Planning Area 32 of the
Master Plan.
8. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 19 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.
9. 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: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
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 hrther 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.
2. 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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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.
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 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 19 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 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 project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 01-22) as contained in Planning Commission Resolution No. 5109.
PC RES0 NO. 5732 -4-
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12.
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This approval is granted subject to the approval of CDP 01-31(A) and is subject to all
conditions contained in Planning Commission Resolution No. 5733 for that other
approval incorporated herein by reference.
Minor additions to existing buildings (not including mobile buildings) or facilities
and new accessory buildings (not including mobile buildings) consistent with public
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 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 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. 5732 -5-
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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 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:
1 . WHITTON, Chairperson'
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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