HomeMy WebLinkAbout2004-11-03; Planning Commission; Resolution 57661
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PLANNING COMMISSION RESOLUTION NO. 5766
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
THE CONVERSION OF 6,181 SQUARE FEET OF EXISTING
OFFICE USE TO SELF-STORAGE USE AND A 16,420
SQUARE FOOT EXPANSION TO AN EXISTING SELF-
STORAGE FACILITY ON PROPERTY GENERALLY
LOCATED WEST OF CORTE DEL ABETO, BETWEEN
PALOMAR AIRPORT ROAD AND CORTE DEL NOGAL, IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR AIRPORT SELF-STORAGE
CASE NO.: CUP 99-06(B)
WHEREAS, Integrated Capital Technologies, Inc., “Developer/Owner,” has
filed a verified application with the City of Carlsbad regarding property described as
Lot 2 of Carlsbad Tract No. CT 80-34, according to Map No.
10062, filed in the Office of the County Recorder of San Diego
County on April 15, 1981, 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 Amendment as shown on Exhibits “A” - “F” dated November 3, 2004, on file in the
Planning Department CUP 99-06(B) - PALOMAR AIRPORT SELF-STORAGE, as provided
by the conditions of approval of CUP 99-06 and Chapter 21.42 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 3rd day of November 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 amendment; and
WHEREAS, on January 19,2000, the Planning Commission approved CUP 99-
06, as described and conditioned in Planning Commission Resolution No. 4718.
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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 PALOMAR AIRPORT SELF-STORAGE - CUP 99-06(B)
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 use provides desired storage space for
the office and business uses in the industrial area; mini-warehouses are an allowed
conditional use in the Planned Industrial zone; the proposed project provides more
parking than required for the use, and the proposed self-storage use generates less
traffic than the existing office use.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that except for the proposed building addition, no additional external improvements
are needed for the project and the building addition is designed to preserve
emergency vehicle access around the property.
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; the existing perimeter fencing is proposed to remain; and the building
addition will be constructed so as to match the color and texture of the existing
building.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed self-storage use generates much
less traffic than office or industrial uses of the same size.
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
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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 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 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 fiom 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.
Developer/Operator 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
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
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6.
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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 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.
This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 99-06) as contained in Planning Commission Resolution No. 4718
except Condition No. 9 which is replaced by Condition No. 12 below and Conditions No.
13,15,16,17,18, and 19 which have been satisfied.
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.
This Conditional Use Permit is granted for a period of ten (10) years, from November 3,
2004 to November 2, 2014. 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 approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
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15.
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further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
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, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit Amendment by Resolution No.
5766 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.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor 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:
20. Developer shall comply with the City’s Standard Urban Storm Water Mitigation
Plan. As currently designed, the project must, at a minimum, incorporate
“Standard Permanent Storm Water Best Management Practices (BMP)
Requirements’’ per Section III.2.A and B. The existing grass swale and drainage
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course located at the northwest corner of the property shall be maintained so as to
effectively treat parking lot runoff. The grass swale shall be incorporated as a
project BMP.
Code Reminders:
21. 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.
22. Premise identification (addresses) shall be provided consistent with Carlsbad
Municipal Code Section 18.04.320.
23. 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 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. 5766 -6-
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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 3rd day of Novembe; 2004 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
/RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOL3MILaR
Planning Director
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