HomeMy WebLinkAbout1986-11-18; City Council; 8794-1; Granting appeal of Planning Commission denialCIT OF CARLSBAD — AGEND. BILL
AB# 8794-#l
MTG 11/18/86
DEPT. CA
TITLE' GRANTING APPEAL OF PLANNING COMMISSION DENIAL
AND APPROVING A CONDITIONAL USE PERMIT FOR A
BOYS AND trlRLb LLUB FACILITY
CUP-296 BOYS AND GIRLS CLUP
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RECOMMENDED ACTION:
If the City Council is satisfied that the suggested findings and conditions
of approval adequately reflect your intentions in the matter and you wish
to approve CUP-296 your action is to adopt Resolution No. s o q C/
ITEM EXPLANATION
The City Council at your meeting of October 21, 1986 expressed your intention
to grant an appeal of the Planning Commission's denial of a conditional use
permit for the La Costa Boys and Girls Club CUP-296. In taking that action
Council directed the Planning Department to prepare suggested findings and
conditions of approval. In particular, those necessary to mitigate th^
possible traffic effects of the facility. Attached is Resolution No.
which includes as an exhibit the suggested findings and conditions of approval.
Council should satisfy yourselves that staff has accurately incorporated your
intentions in the matter in the findings and that you approve the suggested
conditions of approval. The Council must also approve a standards variance
to the City's Engineering Standards to allow for the construction of a
driveway access, acceleration and deceleration lanes on El Camino Real (see
attached Exhibit 3).
EXHIBITS
Resolution No. 0 O 0 O
Location Map
Request for Standards Variance dated November 12, 1986
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RESOLUTION NO. 8880
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM
THE PLANNING COMMISSION'S DENIAL OF A CONDITIONAL
USE PERMIT CUP-296 TO CONSTRUCT A TEMPORARY BOYS
AND GIRLS CLUB ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF EL CAMINO REAL, APPROXIMATELY 1000
FEET SOUTH OF CAMINO VIDA ROBLE.
APPLICANT: BOYS AND GIRLS CLUB OF CARLSBAD
CASE NO.; CUP - 296
WHEREAS, a verified application for a conditional use
permit for certain property to wit:
North West portion of Parcel 3 as shown on map filed at
page 11188 in Book of Parcel Maps on December 20, 1972
in the County of San Diego, State of California
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did on the 17th day of
September, 1986 hold a duly noticed public hearing as prescribed
by law to consider said request; and
WHEREAS, the Planning Commission did on September 17,
1986 after said public hearing, deny the request for a
conditional use permit; and
WHEREAS, the Planning Director has recommended a
conditional negative declaration on November 8, 1986 which is
approved by this resolution in satisfaction of the requirements
of the City of Carlsbad Environmental Protection Ordinance of
1980 and the California Environmental Quality Act; and
WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
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WHEREAS, on October 28, 1986 the City Council of the
City of Carlsbad held a duly noticed public hearing as prescribed
by law to consider said appeal and at said hearing after
consideration of all the evidence, testimony, argument of those
persons present and desiring to be heard the City Council
determined to grant the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
A. That the foregoing recitations are true and
correct.
B. That the negative declaration dated November 8,
1986 is approved for this project.
C. That the appeal of the Planning Commission denial of
a conditional use permit for a boys and girls club facility CUP-
296 is granted and the conditional use permit is approved based
on the findings and subject to the satisfaction of and compliance
with the conditions of approval contained in Exhibit A attached
hereto and made a part hereof.
D. That the Engineering Standards Variance dated
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November 12, 1986 is approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
18th day of November , 1986 by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: Council Member Cas
ATTEST:
Mayoi
CLAUDE A. LEWIS, Mayor Pro-Tern
ALETHA L. RAUTENKRANZ , City^ Clerk
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d
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
PLANNING DEPARTMENT *«O/ JM (619)438-1161w^5Ks£^
Citp of Cartebab
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: An approximately 1.5 acre site on the east
side of El Camino Real, approximately 1,000 feet south of the
intersection of El Camino Real and Camino Vida Roble.
PROJECT DESCRIPTION: A temporary Boys & Girls Club with a 20,000
square foot grassed field, a 900 square foot play equipment area, and
1,440 square feet of adminstration and classroom space in a portable
building.
The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Implementation
of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not
have a significant impact on the environment) is hereby issued for the
subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on
file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA. ,
92008. Comments from the public are invited. Please submit comments
in writing to the Planning Department within ten (10) days of date of
issuance.
DATED: November 8, 1986 *W4XX
MI CHAEL
CASE NO: CUP-296 Planning Director
APPLICANT: Boys & Girls Club of Carlsbad
PUBLISH DATE: November 8, 1986
ND4
11/85
EXHIBIT "A"
NOVEMBER 10, 1986
Findings and Conditions of Approval for CUP-296 - BOYS & GIRLS
CLUB OF CARLSBAD
1) The site as modified by the conditions of approval is
suitable for a Boys & Girls Club.
2) Assurances have been given that adequate sewer for the
project will be provided by the City of Carlsbad.
3) The proposed project is compatible with the surrounding
future residential land uses as designated on the General
Plan because of the conditions added to this approval.
4) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on November 8, 1986, and approved by the
City Council on November 18, 1986.
5) As a non-profit entity the Boys and Girls Club is exempt
from payment of a public facility fee and is exempt from
Chapter 21.90 of the Carlsbad Municipal Code.
6) Although only temporary, the Boys & Girls Club provides a
desirable service to the Carlsbad Community. The Boys &
Girls Club allows children to participate in lower-cost,
semi-supervised recreational activities.
7) The 1.5 acre site is of sufficient size and shape to
accommodate up to 30 children plus the Boys & Girls Club
staff.
8) The Boys & Girls Club has been sufficiently conditioned to
assure it is compatible with existing and short term future
uses.
9) El Camino Real is of sufficient capacity to accommodate the
small increase in traffic generated by the Boys & Girls
Club.
Conditions;
1) Approval is granted for CUP-296, as shown on Exhibit "A",
dated August 12, 1986, incorporated by reference and on file
in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
2) This approval shall become null and void if applicable
building permits are not issued for this project or the
facility is not operating within one year from the date of
project approval.
3) CUP-296 is exclusively approved as a temporary use. Two
months prior to the vacation or expiration of the use/ the
applicant shall provide a written notice to the Planning
Director. CUP-296 shall expire on December 1, 1989.
4) As determined by the Planning Director, all applicable site
and off-site improvements shall be removed by the applicant
one month prior to the vacation or expiration of CUP-296.
5) The applicant shall be responsible for assuring that
children leaving the site do so only in a designated Boys &
Girls Club van or in a motor vehicle. The applicant shall
not allow children to loiter unsupervised outside of the
fenced-in play area, or to walk to and from the site.
6) The applicant shall be responsible for notifying in writing
all parents and/or guardians of children to be enrolled in
the Boys & Girls Club that:
a) Children shall only be delivered to the site by a motor
vehicle or a designated Boys & Girls Club van,
b) All vehicles entering the site shall do so from
northbound El Camino Real,
c) All vehicles exiting the site shall do so by making a
right turn onto northbound El Camino Real,
d) The site is located approximately 100 feet south of a
"flight activity zone" for Palomar Airport and as such
is subject to over flights by low flying aircraft.
7) The applicant shall install and maintain two signs less than
10 square feet each in size that read as follows:
"Caution: Children Present Temporary Boys & Girls Club".
One sign shall face northbound traffic, and the other
southbound traffic on El Camino Real. The exact location of
the signs shall be determined by the City Traffic Engineer
and the Planning Director to assure conformance to sightline
distance standards along El Camino Real and for conformance
to the City's Zoning Ordinance. These two signs shall be
the only road oriented signage allowed on the site.
8) The site shall be maintained in a healthy and clean
condition, free from weeds, trash and debris.
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9) Any violations of the conditions of approval for this
project or any citizens complaints regarding the operation
of this facility may permit a review of this conditional use
permit by the Planning Commission at the request of the
Planning Director. At such time the Planning Commission may
require additional conditions to be placed on this
conditional use permit or the Planning Commission may revise
this conditional use permit entirely.
Engineering;
10) A landscape plan for the site shall be submitted to the
Planning Director for approval prior to occupancy of the
facility.
11) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that
sewer capacity is available at the time of application for
such permits and will continue to be available until time of
occupancy.
12) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
13) The grading for this project is defined as "regular grading"
by Section 11.06.170(a) of the Carlsbad Municipal Code. The
developer shall submit a grading plan for approval which
shall include all required drainage structures and any re-
quired erosion control measures. The developer shall also
submit soils, geologic or compaction reports if required and
shall comply with all provisions of Chapter 11.06 of the
Carlsbad Municipal Code.
14) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners of
the affected properties.
15) A separate grading plan shall be submitted and approved and
a separate grading permit issued for the borrow or disposal
site if located within the city limits.
16) Prior to hauling dirt or construction materials to any
proposed construction site within this project the developer
shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply
with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
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17) The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary desiltation/detention
basins of type, size and location as approved by the City
Engineer. The basins and erosion control measures shall be
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer prior
to the start of any other grading operations. Prior to the
removal of any basins or facilities so constructed the area
served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required or
approved by the City Engineer. The developer shall maintain
the temporary basins and erosion control measures for a
period of time satisfactory to the City Engineer and shall
guarantee their maintenance and satisfactory performance
through cash deposit and bonding in amounts and types
suitable to the City Engineer.
18) Additional drainage easements and drainage structures shall
be provided or installed as may be required by the City
Engineer.
19) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent
property prior to approval of any grading or building permit
for this project.
20) The developer shall obtain the City Engineer's approval of
the project improvement plans and enter into a secured
agreement with the City for completion of said improvements
prior to issuance of any building permit within this
project. The improvements shall be constructed and accepted
for maintenance by the City Council prior to issuance of a
Certificate of Occupancy for any unit within the project.
The improvements are:
a) Improvements along El Camino Real shall include a
deceleration lane and an acceleration lane subject to
the approval of the City Engineer, including an asphalt
berm and additional pavement and a revised striping
plan.
b) The existing median on El Camino Real shall be extended
to the southerly boundary of the project with an A. C.
Berm and Class III material inside the median, subject
to the satisfaction of the City Engineer. Appropriate
signing shall be placed on the median to indicate "NO U
TURN" for southbound traffic and "RIGHT TORN ONLY" for
traffic exiting the project. The existing signs at the
end of the median shall be relocated to the new terminus
of the median.
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c) The internal access and circulation system shall be
designed to the satisfaction of the City Engineer.
Access from the playfield to the parking lot shaall be
fenced for safety.
21) Drainage from this site shall be designed so as not to erode
the adjacent canyons and not to flow onto El Camino Real.
Prior to issuance of building permits, a drainage plan shall
be approved by the City Engineer.
22) Unless a standard variance has been issued, no variance from
City Standards is authorized by virtue of approval of this
site plan.
23) The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
24) All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by
the Engineer in responsible charge of the work. Each sheet
shall be signed and sealed, except that bound documents may
be signed and sealed on their first page. Additionally the
first sheet of each set of plans shall have the following
certificate t
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
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I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a
review only and does not relieve me, as Engineer of Work, of
my responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date:
(Name of Engineer)
R . C.E . NO . #
25) This use is approved specifically as a temporary facility
Upon the discontinuance of this use, the site shall be
dismantled and reverted back to its natural state.
LBStbn
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PLANNING DEPARTMENT
2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859
(619) 438-1161
Citp of Cartebab
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: An approximately 1.5 acre site on the east
side of El Camino Real, approximately 1,000 feet south of the
intersection of El Camino Real and Camino Vida Roble.
PROJECT DESCRIPTION: A temporary Boys & Girls Club with a 20,000
square foot grassed field, a 900 square foot play equipment area, and
1,440 square feet of adminstration and classroom space in a portable
building.
The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Implementation
of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not
have a significant impact on the environment) is hereby issued for the
subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on
file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA.,
92008. Comments from the public are invited. Please submit comments
in writing to the Planning Department within ten (10) days of date of
issuance.
DATED: November 8, 1986
CASE NO: CUP-296
MICHAEL J. HWLJMILLE
Planning Director
APPLICANT: Boys & Girls Club of Carlsbad
PUBLISH DATE: November 8, 1986
ND4
11/85
LOCATION MAP
City of Carlsbad
BOY'S & GIRL'S CLUB CUP-296/3
November 12, 1986
TO: CITY COUNCIL
FROM: Assistant City Engineer
BOYS AND GIRLS CLUB REQUEST FOR STANDARD VARIANCE
The Boys and Girls Club has requested a variance from City Design Standards. In
accordance with Section 18 of the Street Design Criteria of the City Standards,
the City Council shall have the authority as an administrative act to grant
variances to the City Standards provided the following findings can be met:
1. That there are extraordinary or unusual circumstances or conditions
applicable to the situation of surrounding property necessitating a
variance of the standards.
2. That the granting of such variance will not cause substantial drainage
problems.
3. That the granting of such variance will not conflict with existing or
future traffic and parking demands or pedestrian or bicycle use.
4. That the granting of such variance will not be detrimental to the public
welfare or injurious to the property or improvements in the vicinity in
which the variance is granted.
5. That the granting of such variance will not adversely affect the comprehen-
sive general plan.
At their October 21, 1986 meeting, Council upheld an appeal of a Planning Com-
mission denial for a Boys and Girls Club facility on the east side of El Camino
Real south of Camino Vida Roble. Staff's recommendation to Planning Commission
was for denial because staff felt adequate mitigation measures could not be
installed to provide safe vehicular access to the site. After careful review of
the issue, Council determined adequate mitigation could be provided to the site
utilizing acceleration and deceleration lanes on El Camino Real. Council
approval of a standards variance is based on the following:
1. Location: Boys and Girls Club site on El Camino Real south of
Camino Vida Roble.
Request: That an acceleration and deceleration lane be allowed to
be constructed on El Camino Real to serve the site.
,W 3
November 12, 1986
BOYS AND GIRLS CLUB
Page 2
Reason:City of Carlsbad Design Standards do not allow access to
adjoining properties on a Prime Arterial such as El
Camino Real. The posted speed limit on this portion of
the road is 55 miles per hour. To provide access to the
site, an acceleration and deceleration lane will have to
be constructed along El Camino Real to serve the
entrance to the Boys and Girls Club.
Explanation:Since adequate right-of-way does not exist on El Camino
Real to install acceleration and deceleration lanes in
conformance with CALTRANS standards, a modified accel/
decel lane configuration is to be used. To prevent left
turn movements into and out of the site, the applicant
will be required to extend the median island to the
southern end of their site.
Findings:1.The site is unusual in that it lacks other existing
means to access the property. The use is temporary
and the accel/decel lanes and direct arterial access
are not intended to be permanent.
2.
3.
4.
5.
Construction of the accel/decel
cause any drainage problems.
lanes will not
The accel/decel lanes, though slightly modified
from CALTRANS standards, will provide safe
vehicular movements into and out of the site.
Existing and future traffic use of El Camino Real
will not be adversely impacted.
The proposed improvements will not adversely impact
the existing or proposed improvements in this
area.
The proposed improvements will not adversely affect
the comprehensive general plan as traffic in the
vicinity will not be adversely affected.
DAVID A. MAUSER
Assistant City Engineer
DAH:RTJ:lch
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
Office of the City Clerk
TELEPHONE
(619)438-5535
Citp of Cartebab
November 21, 1986
Dan Sherlock
Boys and Girls Club of Carlsbad
3115 Roosevelt Street
Carlsbad, CA 92008
Enclosed for your records, please find a copy of the
following Resolution 8880 t adopted by the
Carlsbad City Council on November 18, 1986
LEE RAUTENKRANZ
City Clerk
LR:lw
Enclsoure