HomeMy WebLinkAbout2004-11-03; Planning Commission; Resolution 57761
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PLANNING COMMISSION RESOLUTION NO. 5776
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
THE USE OF THREE EXISTING PARCELS FOR AIRPORT
PARKING AREAS ON PROPERTY GENERALLY LOCATED
ON THE NORTH SIDE OF OWENS AVENUE, BETWEEN
CAMINO VIDA ROBLE AND YARROW DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: AIRPORT PARKING AREAS
CASE NO.: CUP 172(B)
WHEREAS, County of San Diego, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 29 through 31 of Carlsbad Tract No. CT 81-46 (Unit No.
2), according to Map No. 11288, filed in the Office of the
County Recorder of San Diego County on July 16,1985, 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 Exhibit “A” dated November 3,2004, on file in the Planning
Department AIRPORT PARKING AREAS - CUP 172(B), as provided by the conditions of
approval of CUP 172 and Chapter 2 1.42 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 September 24, 1980, the Planning Commission approved CUP
172, as described and conditioned in Planning Commission Resolution No. 1699. !
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 hearin the Commission
APPROVES AIRPORT PARKING AREAS - CUP 172(B) based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
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 parking area is necessary to maintain
current operations at the airport and the Land Use Element calls for the
encouragement of the continued operation of the airport as a general aviation
airport; parking is permitted as a primary and accessory use within the industrial
park; and the parking area would generate less traffic than industrial and
commercial development on the property.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed parking area and associated features can fit within the existing
site.
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 perimeter landscaping will remain and lighting
for pedestrian travel and safety would be provided.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the traffic generated by the proposed parking
areas is less than the traffic volumes anticipated by the Zone 5 Local Facilities
Management Plan for the subject properties, which range from 1,400 to 2,800 ADT.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Specific Plan 181 based
on the facts set forth in the staff report dated November 3, 2004 including, but not
limited to the following:
The Land Use Element calls for the City to encourage the continued operation of the
airport as a general aviation airport and the proposed parking area is necessary to
accommodate the modifications required at the airport to comply with FAA, TSA
and CalTrans standards;
The proposed parking area will contain adequate vehicular circulation and lighting
for pedestrian safety;
The proposed parking area will not create any obstructions to the flight path and all
illumination will be directed downward to avoid conflicts with aircraft operations;
PC RES0 NO. 5776 -2-
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6.
7.
8.
The existing methane extraction and elimination system is accommodated in the
parking lot design and will continue to operate.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that the proposed parking area is not
located within the Flight Activity Zone or Runway Protection Zone. The project is
compatible with the projected noise levels of the CLUP; and, based on the noise/land use
compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in
that the proposed parking area is located outside of the 60 dBA CNEL.
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 15311 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 grading or
building permit, whichever occurs first.
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
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.
PC RES0 NO. 5776 -3-
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4.
5.
6.
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11.
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.
Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the site plan of the entire airport property, including the proposed parking area,
reflecting the conditions approved by the final decision making body. No further
grading or building permits within the area covered by CUP 172 shall be issued
until this site plan is submitted to the Planning Department.
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
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 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 project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 172) as contained in Planning Commission Resolution No. 1699.
This approval is granted subject to the approval of PIP 04-07 by the Planning Director
and is subject to all conditions contained in the approval letter for that other approvals
incorporated herein by reference.
PC RES0 NO. 5776 -4-
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12.
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15.
Prior to the issuance of the building or grading permit, whichever occurs first,
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, notifjmg all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit Amendment and Planned Industrial Permit by Resolution
No. 5776 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.
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.
This Conditional Use Permit Amendment is approved subject to the condition that
the parking is the only use permitted on Lots 29 - 31. No other uses listed in Table
1, dated September 24, 1980 and attached to Planning Commission Resolution No.
1699, are allowed.
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 fiom 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.
You are hereby FURTHER NOTIFIED that your right to protest the specified feeslexactions
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.
PC RES0 NO. 5776 -5-
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1
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of November 2004 by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5776 -6-