HomeMy WebLinkAbout2012-11-21; Planning Commission; Resolution 6930
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A NEW FIRE STATION ON A GRADED, TWO-ACRE SITE LOCATED NORTHWEST
OF THE INTERSECTION OF CANNON ROAD AND WIND
TRAIL WAY WITHIN PLANNING AREA 12 OF THE
ROBERTSON RANCH MASTER PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: CARLSBAD FIRE STATION NO. 3
CASE NO.: CUP 12-07
WHEREAS, The City of Carlsbad, “Owner/Developer” has filed a verified
application with the City of Carlsbad regarding property described as
A Portion of Parcel 2 of Lot Line Adjustment ADJ 01-13 per
Certificate of Compliance CE 01-55, Recorded November 28, 2001 as File No. 2001-0865065
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” – “R” dated November 21, 2012, on file in the Planning
Division, CARLSBAD FIRE STATION NO. 3 - CUP 12-07, as provided by Chapter 21.42 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 21, 2012, 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 CARLSBAD FIRE STATION NO. 3 - CUP 12-07, based on the
following findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 6930
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Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the General Plan, in that the project will replace the existing Fire Station No. 3 located at 3701 Catalina Drive and is needed to maintain the fire protection standards required by the Growth Management Plan for the northeast quadrant, and to meet the present and future
functional needs of the Fire Department. Furthermore, the project complies with
the various elements and objectives of the General Plan including the Land Use Element, Open Space and Conservation Element, and Public Safety Element as described in detail in the staff report dated November 21, 2012.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the project is located within the Planned Community (P-C) zone with an underlying zone designation of Open Space (OS). The OS zone permits public/quasi-public buildings and facilities subject to approval of a Conditional Use Permit by the Planning Commission. The
site is adjacent to a future park site on the west and future residential development
is planned for the property located north of the site. The project has been designed in coordination with the Parks and Recreation Department to ensure that the design and location of the fire station will not impact access or development of the future park site. Additionally, the design of new Street “A” has been coordinated with the
owner (Shapell Homes) of property located north of the site to ensure that road
improvements will meet the needs of the future residential development. 3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the two-acre site is adequately sized for the construction of the proposed fire station and can accommodate the ingress and egress driveways, parking for visitors and personnel, bio-retention features,
landscaping, and other site features without the need for variances from setback
requirements; and the project has been designed to comply with the unique setback and Development Standards of the Master Plan. A solid block wall will be provided along the west property line to provide a barrier between the fire station and the future park and tubular steel fencing with stone pilasters will be provided for
security on the east and south sides of the site, in keeping with the Robertson ranch
fencing theme.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the fire station is expected to generate an
estimated 48 ADT and would not result in an increase in traffic that is substantial in
relation to the existing or anticipated traffic load and capacity of the street system.
The fire station site is located off of a side street from Cannon Road and an opticom system will be installed on the traffic signal at the intersection of Wind Trail Way and Cannon Road in order to aid the fire department in responding to emergencies,
while also providing safer driving conditions at the intersection.
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5. That the increase in the O-S zone height limit from 25 feet to 28 feet is necessary to accommodate the apparatus and associated equipment, and to integrate clerestory
windows into the building design to allow for natural lighting. An increase in height
to 38 feet is needed for the tower element in order to identify the entrance to the building and provide an architectural focal point. The height increase to 38 feet for the hose drying tower is necessary for it to function properly.
6. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 7. 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 issuance of a
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; 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. 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
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.
4. 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.
5. 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
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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
nondiscretionary, 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. 6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format.
8. 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.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 14 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits. 10. This approval is granted subject to the approval of the Negative Declaration.
11. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval. 12. 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.
13. Developer shall report, in writing, to the City Planner within 30 days, any address change
from that which is shown on the permit application.
14. CUP 12-07 shall be reviewed by the City Planner 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, safety and general welfare. If the City
Planner determines that: 1) the Conditional Use Permit was obtained by fraud or
misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
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being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions.
15. This Conditional Use Permit is granted in perpetuity. 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.
16. Prior to the issuance of building permits, architectural features needed to achieve
the 45 dBA interior noise standard shall be noted on the building plans. A statement certifying that the required architectural features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. The architect shall also include his registration stamp in addition to
the required signature. All noise level reduction architectural components shall be
shown on the architectural building plans, and shall be subject to the approval of the City of Carlsbad Building and Planning Divisions.
17. Developer shall submit and obtain City Planner 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 and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
19. 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
City Planner.
20. Prior to the issuance of a building permit, the Developer shall submit a street name list
consistent with the City’s street name policy subject to the City Planner’s approval.
21. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6930 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 City Planner has the
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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.
22. 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 City
Planner. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the City Planner.
23. Developer shall submit and obtain City Planner 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.
24. While exiting the fire station, to reduce periodic noise impacts, emergency vehicles shall be restricted from employing sirens until just before entering Cannon Road, unless public safety warrants otherwise.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a grading permit
or building permit, whichever occurs first.
General 25. 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.
26. The developer shall complete processing of a lot line adjustment on those portions of Parcel 2 of Lot Line Adjustment ADJ 01-13 per Certificate of Compliance CE 01-55 to conform with the proposed city fire station and the proposed city park as shown
on the Site Plan to the satisfaction of the city engineer.
27. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this
condition.
Grading
28. Based upon a review of the proposed grading and the grading quantities shown on the
site plan, a grading permit for this project is required.
29. This project requires off site grading. No grading shall occur outside the project unless
developer obtains, records, and submits a recorded copy, to the city engineer, a temporary grading, construction or slope easement or agreement from the owners of the
affected properties. If developer is unable to obtain the temporary grading or slope
easement, or agreement, no grading permit will be issued. In that case developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
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will not occur outside the project and apply for and obtain a finding of substantial
conformance and/or consistency determination from both the city engineer and city
planner.
30. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
31. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board.
32. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum
extent practicable.
33. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge.
34. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
35. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management Plan (SWMP).
Dedications/Improvements
36. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public street and public utility, sewer and drainage purposes as shown on the site plan.
The offer shall be made by a separate recorded document to the satisfaction of the city
engineer.
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37. Developer shall prepare and process public improvement plans. Said improvements shall
be installed to city standards to the satisfaction of the city engineer. These improvements
include, but are not limited to:
A. Public street. B. Public water line and appurtenances.
C. Public sewer line.
D. Public storm drain.
38. Developer shall obtain offsite dedication for the street and cul-de-sac adjacent to the north project boundary to the satisfaction of the city engineer.
Utilities
39. Prior to issuance of building permits, developer shall pay any required fees, deposits, and charges for connection to public facilities.
40. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the following:
41. Some improvements shown on the site plan and/or required by these conditions are
located offsite on property which neither the city nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest. The developer shall immediately initiate negotiations to acquire such property. The developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
developer shall demonstrate to the city engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
city to successfully acquire said property by condemnation. 42. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
43. 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.
44. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
45. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.