Loading...
HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60791 PLANNING COMMISSION RESOLUTION NO. 6079 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO ALLOW THE RELOCATION 4 OF TEMPORARY FIRE STATION 6 TO AN UNDEVELOPED , LOT GENERALLY LOCATED ON THE NORTH SIDE OF LEV ANTE STREET BETWEEN ROMERIA STREET AND 6 GALLEON WAY IN LOCAL FACILITIES MANAGEMENT ZONE 6. 7 CASE NAME: TEMPORARY FIRE STATION NO. 6 CASE NO.: CUP 05-27 9 WHEREAS, Trimark Pacific-Casa La Costa LLC, "Developer," has filed a 10 verified application with the City of Carlsbad regarding property owned by the City of * Carlsbad, "Owner," described as 12 A portion of Lot 23 of La Costa Vale Unit No. 1, according to 13 Map No. 7457 filed in the Office of the County Recorder of San Diego County on October 18, 1972, in the City of Carlsbad, 14 County of San Diego, State of California 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibit "A" dated February 1, 2006, on file in the Planning Department,18 19 TEMPORARY FIRE STATION NO. 6 - CUP 05-27, as provided by Chapter 21.42 and/or 20 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 1st day of February 2006, the 22 15th day of March 2006, and on the 5th day of April 2006, hold a duly noticed public hearing 23 as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CUP; and 28 1 WHEREAS, on the 15th day of March 2006, the Planning Commission directed 2 staff to return with a resolution to deny CUP 05-27. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 5 Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Commission DENIES TEMPORARY FIRE STATION NO. 6 - CUP 05-27, based on the following findings: 9 Findings; 10 1. That the requested use is necessary or desirable for the development of the community, in that the use is needed to continue to provide adequate fire protection to development 12 in Local Facilities Zone 6 and to continue to meet the 5-minute response time required under the City's Growth Management requirements, and is essentially in 13 harmony with the various elements and objectives of the General Plan, in that the use is allowed in areas carrying the Open Space General Plan designation, but would be 14 detrimental to existing uses specifically permitted in the zone in which the proposed use , <- is located, in that the proposed location is not compatible with the surrounding uses because: 16 a) the presence of an elementary school directly across the street from the 17 proposed project site results in heavy traffic congestion during peak time periods of school pick-up and drop-off activity (mornings and afternoons) causing traffic to back up on Romeria Street and in both directions on 19 Levante Street while waiting to turn into the school driveway and while waiting for students to cross Levante Street and the school driveway; and, 20 b) the traffic congestion identified in Finding l.a above presents the potential problem of temporarily, albeit briefly, delaying dispatched fire equipment, 22 thus causing an escalation of the fire response time beyond the 5-minute desired response time; and, 23 c) while the proposed use is intended to occupy the proposed site for an 18- 24 month time period, it is likely to have to occupy the site for considerably longer than 18 months and potentially longer than the 3-year proposed CUP time period, due to permitting requirements beyond the City's control for the 25 permanent Fire Station 6; and, 27 d) should the requested use be relocated to the proposed temporary site, and prove to be incompatible, and should significant delays occur regarding the 28 construction of permanent Fire Station 6, the City would face an incompatible situation which could not effectively be remedied for an PC RESO NO. 6079 -2- extended period of time (i.e., there would be no place for the temporary fire 2 station to be relocated again to resolve an incompatibility). 3 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the use will provide adequate separation from surrounding uses as required by 4 the setback requirements of the R-l Zone and will satisfy all facility needs on site as 5 discussed in the staff report. 6 3. 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 a) no walls or fences are required to adjust the use to „ the surrounding area and none are proposed; b) the use will provide structure setbacks of at least 10' from residential uses and 15' from the top of the slope to the 9 north as required by the R-l Zone; and, c) landscaping will be provided and maintained as shown on the approved exhibits and discussed in the staff report. 10 4. That the street system serving the proposed use is not adequate to properly handle all traffic generated by the proposed use, in that although the use will generate 16 ADT 12 and will provide all necessary parking on site and the adjacent Levante Street is a local street designed to handle the anticipated traffic, 13 a) the proposed use is not in sufficiently close proximity to a major arterial roadway, and fire equipment would have to travel through residential , c neighborhoods and an elementary school activity area to gain access to a major arterial; and, 16 b) additional pedestrian and vehicular activity occur on Levante Street when 17 traffic enters on-coming traffic lanes to pass queued vehicles at peak school activity hours, creating additional traffic concerns; and,18 19 c) the traffic/circulation pattern is further congested and exacerbated because the road width of Levante Street is constricted by residents and others 20 parking on both sides of the roadway throughout the day, including during the peak school activity times; and, d) the proposed use poses a possible safety risk to pedestrians, especially students. 23 5. That the project is statutorily exempt from environmental review pursuant to Section 24 15270 of the California Environmental Quality Act (CEQA) which states that CEQA does not apply to projects which a public agency rejects or disapproves. 26 27 28 PC RESO NO. 6079 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of April 2006 by the following vote, to wit: AYES: Commissioners Baker, Dominguez, Segall, and Whitton NOES: Chairperson Montgomery, Commissioners Cardosa, and Heineman ABSENT: ABSTAIN: MARTELL B. MONT(K)MERY,^rairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PCRESONO. 6079 -4-