HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 6030PROJECT DENIED
1 PLANNING COMMISSION RESOLUTION NO. 6030
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING 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
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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
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WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "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,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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26 relating to the CUP.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2° Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES TEMPORARY FIRE STATION NO. 6 - CUP 05-27, based on
the following findings and subject to the following conditions:
4
- Findings;
6 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
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
harmony with the various elements and objectives of the General Plan, in that the use is
9 allowed in areas carrying the Open Space General Plan designation, but would be
detrimental to existing uses specifically permitted in the zone in which the proposed use
10 is located, in that the proposed location is not compatible with the surrounding uses
because:
12 a) the presence of an elementary school directly across the street from the
proposed project site results in heavy traffic congestion during peak time
13 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
Levante Street while waiting to turn into the school driveway and while
, g. waiting for students to cross Levante Street and the school driveway; and,
16 b) the traffic congestion identified in Finding La above presents the potential
problem of temporarily, albeit briefly, delaying dispatched fire equipment,
thus causing an escalation of the fire response time beyond the 5-minute
desired response time; and,18
c) while the proposed use is intended to occupy the proposed site for an 18-
month time period, it is likely to have to occupy the site for considerably
20 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
permanent Fire Station 6; and,
22 d) should the requested use be relocated to the proposed temporary site, and
23 prove to be incompatible, and should significant delays occur regarding the
construction of permanent Fire Station 6, the City would face an
24 incompatible situation which could not effectively be remedied for an
extended period of time (i.e., there would be no place for the temporary fire
station to be relocated again to resolve an incompatibility).
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2. That the site for the intended use is adequate in size and shape to accommodate the use, in
27 that the use will provide adequate separation from surrounding uses as required by
the setback requirements of the R-l Zone and will satisfy all facility needs on site as
discussed in the staff report.
PC RESO NO. 6030 -2-
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
2 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
3 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
north as required by the R-l Zone; and, c) landscaping will be provided and
c maintained as shown on the approved exhibits and discussed in the staff report.
6 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
and will provide all necessary parking on site and the adjacent Levante Street is a
0 local street designed to handle the anticipated traffic,5
9 a) the proposed use is not in sufficiently close proximity to a major arterial
roadway, and fire equipment would have to travel through residential
10 neighborhoods and an elementary school activity area to gain access to a
major arterial; and,
12 b) additional pedestrian and vehicular activity occur on Levante Street when
traffic enters on-coming traffic lanes to pass queued vehicles at peak school
13 activity hours, creating additional traffic concerns; and,
c) the traffic/circulation pattern is further congested and exacerbated because
the road width of Levante Street is constricted by residents and others
parking on both sides of the roadway throughout the day, including during
16 the peak school activity times; and,
d) the proposed use poses a possible safety risk to pedestrians, especially
students.18
19 5. That the project is statutorily exempt from environmental review pursuant to Section
15270 of the California Environmental Quality Act (CEQA) which states that CEQA
20 does not apply to projects which a public agency rejects or disapproves.
21 Conditions:
22 Planning
23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
24 Building Permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
~t 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
27 revoke or modify all approvals herein granted; deny or further conditipn issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
28 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
PC RESO NO. 6030 -3-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Conditional Use Permit.
3 2. 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
r shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
9 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
10 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.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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-
16 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
17 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.
20 6. 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.
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7. 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
23 school facilities.
24 g. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
26 9. Building permits will not be issued for this project unless the local agency providing
27 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.
PC RESO NO. 6030 -4-
10. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
2 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
3 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.
6 11. This Conditional Use Permit is granted for a period of three (3) years from February 1,
2006 through January 31, 2009. This permit may be revoked at any time after a public
7 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 one (1)
9 year 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
10 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
12 conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
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12. Within 120 days of the relocation of Fire Station 6 to its permanent location, the
City of Carlsbad shall return the project site to its original condition to the
.. satisfaction of the Planning Director. This shall be accomplished by actions
including but not limited to:
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a. removal of all structures and remnants of structures;
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b. removal of all asphalt and other paving materials;18
19 c. removal of ornamental vegetation (if required by the Planning Director); and
20 d. removal of the two curb cuts providing access to the property.
13. 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
23 City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6030 on the
property. Said Notice of Restriction shall note the property description, location of the
24 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.
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14. 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
PCRESONO. 6030 -5-
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
2 approved plan.
3 15. 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
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16. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.8
9 17. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
10 formally established by the City.
Dedications/Improvements
12 18. Developer shall comply with the City's requirements of the National Pollutant Discharge
13 Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
14 "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:
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a. All owners and tenants shall coordinate efforts to establish or work with1 o
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
20 b. 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
.. or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
23 Federal, State, County and City requirements as prescribed in their respective
containers.
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c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
19. Prior to the issuance of grading permit or building permit, whichever occurs first,
27 Developer shall prepare a "Storm Water Pollution Prevention Plan (SWPPP)." The
SWPPP shall be in compliance with current requirements and provisions established by
the San Diego Region of the California Regional Water Quality Control Board and City
of Carlsbad Requirements. The SWPPP shall address measures to reduce to the
PCRESONO. 6030 -6-
maximum extent practicable storm water pollutant runoff during construction of the
2 project. At a minimum, the SWPPP shall:
3 a. include all content as established by the California Regional Water Quality Control
Board requirements;
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<- b. include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board with a WDID #;
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c. recommend source control and treatment control Best Management Practices (BMPs)
7 that will be implemented with this project to avoid contact or filter said pollutants
from storm water to the maximum extent practicable before discharging to City right-
of-way or natural drainage course; and
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d. establish specific procedures for handling spills and routine clean up. Special
10 considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
j2 20. Prior to building permit or grading permit issuance, whichever occurs first, Developer
shall design, to the satisfaction pf the City Engineer, the structural section for the access
13 aisles with a traffic index of 5.0 in accordance with City Standards due to truck access
through the parking area and/or aisles with an ADT greater than 500.
14
Water
16 21. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
17 hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.18
j9 22. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
20 At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
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23. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
23 Authority capacity charge(s) prior to issuance of Building Permits.
24 24. The Developer shall install potable water and/or recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
26 25. The Developer shall install sewer laterals and clean-outs at a location approved by the
27 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
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PCRESONO. 6030 -7-
26. This project is approved upon the express condition that building permits will not be
2 issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
3 occupancy.
4 Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
6 the following:
7 27. 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.
9 28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
10 Code Section 18.04.320.
1 29. Developer shall exercise special care during the construction phase of this project to
j2 prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
13 of the City Engineer.
14 30. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Site Plan are for planning purposes only. Developer shall pay sewer impact fees
based on Section 13.10 of the City of Carlsbad Municipal Code.
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NOTICE
17
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
jo "fees/exactions."
20 You have 90 days from 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
21 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
23 annul their imposition.
24 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
5 zoning, grading or other similar application processing or service fees in connection with this
26 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
27 expired.
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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 1st day of February 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. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PCRESONO. 6030 -9-