HomeMy WebLinkAbout2005-04-20; Planning Commission; Resolution 58941
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PLANNING COMMISSION RESOLUTION NO. 5894
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION
OF THE CITY’S LEARNING CENTER ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF EUREKA
PLACE BETWEEN BASSWOOD AVENUE AND CHESTNUT
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: LEARNING CENTER
CASE NO.: CUP 04-12
WHEREAS, City of Carlsbad, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 9 and 10 of Optimo Tract, Subdivision of Tract 234,
Thum lands, Map #1681, in the City of Carlsbad, County of
San Diego, State of California, according to the map thereof
No. 1805, filed at request of First National Bank of Oceanside
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “0” dated April 20, 2005, on file in the Planning
Department, LEARNING CENTER - CUP 04-12, as provided by Chapter 21.42 and/or 21.50
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 20th day of April 2005, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES LEARNING CENTER - CUP 04-12, based on the following
findings and subject to the following conditions:
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Findings:
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That the requested use is necessary or desirable for the development of the community in
that the use provides needed learning opportunities for adults and children aimed at
increasing the literacy level of those who participate, is essentially in harmony with
the various elements and objectives of the General Plan in that it will provide a needed
learning opportunity in an urbanized location where it can be conveniently utilized
by residents of the community, and is not detrimental to existing uses specifically
permitted in the zone in which the proposed use is located, in that the site has previously
provided a home for similar activities (e.g., Girls’ Club, Montessori School) without
being detrimental to the area and, when renovated, the facility will be more
compatible with the neighborhood by providing additional on-site parking and
improved circulation.
That the site for the intended use is adequate in size and shape to accommodate the use,
in that the project site can accommodate the proposed project while complying with
all applicable development standards for the site, including setback requirements,
structure height limits, lot coverage limits, and providing all required parking on-
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 proposed project will provide: setbacks (20-foot front
and rear yards, 10-foot side yards); existing fencing/walls around the property perimeter; and landscaping in all yard setbacks.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed project will generate a maximum
of 280 ADT which can be accommodated by the surrounding street system,
including Tamarack Avenue, 1-5, and Eureka Place.
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. Specifically, the project has been conditioned to provide proof from the
Carlsbad Unified School District that the project has satisfied its obligation for school
facilities.
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 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
PC RES0 NO. -2-
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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 issuance of
Grading Permit or Building Permit, whichever comes first.
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; record a notice of violation on the
property title; 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.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit 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.
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, (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 the Planning Director a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
PC RES0 NO. -3-
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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.
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 by Resolution No. 5894 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.
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 is granted for an unlimited time period. 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.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
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.
PC RES0 NO. -4-
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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.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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.
En Pineering
18. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Contractor shall apply for and obtain approval from, the City
Engineer for the proposed haul route.
Grading
19. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
20. Based upon a review of the proposed grading and the grading quantities shown on the
Preliminary Grading Plan, a grading permit for this project is required. Developer shall
apply for and obtain a grading permit from the City Engineer prior to issuance of a
building permit for the project.
DedicationdImprovements
21. Developer shall install improvements shown on the site plan and the following
improvements including, but not limited to, paving, base, sidewalks, curbs and gutters,
grading, clearing and grubbing, sewer lateral, water service, retaining walls and onsite
recycled water irrigation system, to City Standards to the satisfaction of the City
Engineer.
22. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
PC RES0 NO. -5-
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Fire
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All
All tenants shall coordinate efforts to establish or work with established disposal
programs to remove and properly dispose of toxic and hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
March 24, 2005or storm water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical
treatments shall meet Federal, State, County and City requirements as prescribed
in their respective containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
reas, including the modular structure, shall be protected by an approved
automatic fire sprinkler system designed to NFPA Standard 13. CBC 904.2.1
An addressable Fire Alarm system designed in accordance with NFPA Standard 72
shall be provided in all areas, including the modular buildings. CBC 305.9
A KNOX Key Box(es) shall be provided as directed by the City Fire Marshal. CFC
922.4
Type 1-Fire Rated Construction shall separate lower and upper floors of the
Learning Center. CBC 303.2.2.2
Exterior Exit stairs shall comply with CBC 1006.3.3.1
The following items shall be deferred submittals:
a.
b. Overhead Fire Sprinkler plans;
c. Fire Alarm system.
Underground water supply works for fire sprinkler system;
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
29. 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.
30. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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
“feedexactions .”
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. -7-
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Commission
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
f the City of Carlsbad, California, held on the 20th day of April 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman,
Montgomery, and Whitton
NOES:
ABSENT: Commissioner Dominguez
9STAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
n
DON NEU
Assistant Planning Director
PC RES0 NO. -8-