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HomeMy WebLinkAboutSUP 05-18x1; Bressi Ranch Planning Area 2; Special Use Permit (SUP)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: September 2, 2009 Application complete date: July 6, 2009 Project Planner: Jason Goff Project Engineer: Clyde Wickham SUBJECT: SUP 05-18x1 - BRESSI RANCH PLANNING AREA 2 - Request for a three year extension of a Special Use Permit for the development of a 23.086-acre site with eight office/industrial buildings totaling 390,000 square feet and a parking deck on property located in Bressi Ranch Planning Area 2, north of Town Garden Road, south of Gateway Road, east of El Camino Real, and west of Alicante Road in Local Facilities Management Zone 17. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6628 APPROVING a three year extension of Special Use Permit 05-18 from November 7, 2009 to November 7, 2012, based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant has requested a three year extension (from November 7, 2009 to November 7, 2012) of Special Use Permit 05-18 to allow for the development of a 23.086-acre site with eight office/industrial buildings totaling 390,000 square feet and a parking deck within Planning Area 2 of the Bressi Ranch Master Plan. According to the applicant's justification letter (see Attachment No. 3) economic circumstances and a surplus of leasable office space in Carlsbad is the primary reason the project hasn't been constructed to date and the need for an extension. The proposed three year extension would allow the developer to preserve existing property entitlements during this economic downturn. III. PROJECT DESCRIPTION AND BACKGROUND On November 7, 2007, the Planning Commission approved a Special Use Permit (SUP 05-18) and subsequent to this action the Planning Director administratively approved a Planned Industrial Permit (PIP 05-25) allowing for the development of eight office/industrial buildings totaling 390,000 square feet and a parking deck within Planning Area 2 of the Bressi Ranch Master Plan. The project site is a vacant mass-graded 23.086-acre site consisting of Lots 2 through 9 of Final Map No. 14960 (recorded February 4, 2005) and is bounded by Gateway Road to the north, Town Garden Road to the south, Alicante Road to the east, and El Camino Real to the west. The site has a General Plan Land Use designation of Planned Industrial (PI), is zoned Planned Industrial (P-M), and is within the Airport Influence Area and Flight Activity Zone of the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport. o SUP 05-18x1 - BRESSI RANCH PLANNING AREA 2 September 2, 2009 Page 2 A Special Use Permit (SUP 05-18) was required for the project because the site is located within Area 4 of the El Camino Real Scenic Corridor, and as such is subject to the El Camino Real Corridor Development Standards. The corridor development standards are applicable to the portion of the project fronting El Camino Real and extending to a depth of 500 feet into the site. Furthermore, because the project site is located within the P-M Zone, an administrative Planned Industrial Permit (PIP 05-25) was also required. The approved Planning Commission Resolution No. 6350 for SUP 05-18 included a condition (Condition No. 9) specifying that SUP 05-18 is granted subject to the approval of PIP 05-25 and all conditions contained within the Planning Director's approval letter for PIP 05-25. Subsequent to the Planning Commission's action on SUP 05-18, the Planning Director approved PIP 05-25 with a condition that the approval shall become null and void if the first building permit for the project is not issued within 24 months from the date of project approval, that all building permits for the project shall be issued within 48 months from the date of project approval, and that the approval may be extended upon written application of the applicant made no less than 90 days prior to the expiration date. The project approvals will expire on November 7, 2009. However, the applicant has made a timely filing for an extension of the project on March 31, 2009, and may therefore be considered for the extension request. Accordingly, staff is recommending that the Planning Commission approve the requested three year extension granted from November 7, 2009 resulting in a new expiration date of November 7, 2012. Subsequent to the Planning Commission's action on SUP 05-18x1, the Planning Director will act on PIP 05-25x1. IV. ANALYSIS The project remains in compliance with the General Plan, current codes, policies and Growth Management Ordinance requirements as conditioned. Except as noted below, the original conditions of approval contained within Planning Commission Resolution No. 6350 have been incorporated by reference into replacement Planning Commission Resolution No. 6628 for the project. Condition No. 6 has been added to Planning Commission Resolution No. 6628 requiring the property owner to record a new notice on the property that a Special Use Permit Extension has been approved on the site; and Condition No. 8 has been added to clarify that the Special Use Permit (SUP 05-18x1) shall expire concurrently with the expiration of the Planned Industrial Permit (PIP 05-25x1). Additionally, staff has made other minor changes to the conditions to reflect the extension of the Special Use Permit and to also note that this extension is subject to approval of the extension for PIP 05-25x1. V. ENVIRONMENTAL REVIEW On July 9, 2002 the City Council certified Final Program Environmental Impact Report (EIR 98- 04) for the Bressi Ranch Master Plan (MP 178). EIR 98-04 evaluates the potential environmental effects of the development and operation of the Bressi Ranch Master Plan and associated actions inclusive of the subject planning area being reviewed herein. Staff has SUP 05-18x1 - BRESSI RANCH PLANNING AREA 2 September 2, 2009 Page 3 reviewed the request for a Special Use Permit extension, and the Planning Director has determined that the project complies with and remains within the scope of the prior environmental documents, and that the project has no new significant environmental effect not analyzed in the prior Final Program EIR. Therefore, no further CEQA compliance is required. ATTACHMENTS: 1. Planning Commission Resolution No. 6628 (SUP) 2. Location Map 3. Applicant letter dated March 31, 2009 requesting extension 4. Disclosure Statement 5. Planning Commission Resolution No. 6350 (SUP 05-18) 6. Reduced Exhibits NOT TO SCALE SITE MAP Bressi Ranch Planning Area 2 SUP 05-18x1 Hofman Planning & Engineering Planning Civil Engineering Hscal Services Coastal March 31,2009 Don Neu Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: Extension of SUP 05-18/PIP 05-25 Dear Don: Attached is an application to amend Planned Industrial Permit 05-25 to extend the time allowed to obtain the first building permits for the Business Center on Planning Area 2 of the Bressi Master Plan. An amendment to the accompanying Special Use Permit, SUP 05-18 is also submitted. The reason for the extension request is because of the state of the economy, and current surplus of leasable office space in Carlsbad. Currently, the permit is set to expire on November 7, 2009 per Condition #12 of the Planned Industrial Permit. This amendment request would set a new 36- month expiration resulting in a new expiration date of November 7, 2012. Sincerely, Bill Hofman 3152 Lionshead Avenue • Carlsbad » CA 92010 • (760)692-4100 • Fax: (760)692-4105 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be iprovided^below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part HOFMAN PLANNING & ENGINEERING Title Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate p^age may, be, attached if necessary.) Corp/Part HCP LS CARLSBAD LLC Title V-&1W 1/ldP/Wlfo'F Title 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes XI No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signatjujie' of owner/d^te Signature of a'p pliant/date _ fei\l HO £w\ flirt Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent 2 of 2 1 PLANNING COMMISSION RESOLUTION NO. 6350 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE PERMIT FOR THE 4 DEVELOPMENT OF A 23.086-ACRE SITE WITH EIGHT 5 OFFICE/INDUSTRIAL BUILDINGS TOTALLING 390,000 SQUARE FEET AND A PARKING DECK ON PROPERTY 6 LOCATED IN BRESSI RANCH PLANINING AREA 2 NORTH OF TOWN GARDEN ROAD, SOUTH OF GATEWAY ROAD, 7 EAST OF EL CAMINO REAL, AND WEST OF ALICANTE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 17. 8 CASE NAME: BRESSI RANCH PLANNING AREA 2 9 CASE NO: SUP 05-18 10 WHEREAS, Slough Carlsbad, LLC, "Developer/Owner," has filed a verified 11 application with the City of Carlsbad regarding property, described as 12 Lots 2-9 of Carlsbad Tract No. 02-15, in the City of Carlsbad, 13 County of San Diego, State of California, According to Map Thereof No. 14960, Filed in the Office of the County Recorder 14 of San Diego County, February 4, 2005, as File No. 2005- 0096673 of Official Records 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Scenic Corridor 18 Special Use Permit as shown on Exhibits "A" - "TT" dated November 7, 2007, on file in the 19 Planning Department, BRESSI RANCH PLANNING AREA 2 - SUP 05-18, as provided by 20 Chapter 21.40 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did on the 7th day of November, 2007 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 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 26 relating to the Scenic Corridor Special Use Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 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 BRESSI RANCH PLANNING AREA 2 - SUP 05-18, based on the following findings and subject to the following conditions: 5 Findings; 6 1 • The Planning Commission has determined that: 7 a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP178), a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the 9 program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)]; and/or 10 b. this project is consistent with the Master Plan cited above; and 11 c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City '2 Council on July 9, 2002 in connection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant 14 in the prior EIR; and 15 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 16 The Planning Commission finds that all feasible mitigation measures or project 1 ' alternatives identified in the EIR 98-04, which are appropriate to this Subsequent Project, I « have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 19 2. The proposed project conforms to the intent of the Scenic Preservation Overlay in that 20 the project complies with all applicable provisions of the El Camino Real Corridor Development Standards by 1) supporting the planned "campus type" research, business, service center design theme, and 2) providing adequate setbacks from El 22 Camino Real to preclude a "tunnel effect" of buildings along the roadway. The project does not obscure scenic views or impair traffic safety along El Camino Real. 23 3. The proposed project implements the goals and objectives of the General Plan in that the property is proposed to be developed with an office/industrial use consistent with 25 the Planned Industrial (PI) General Plan Land Use designation. 26 4. 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 27 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. PC RESO NO. 6350 -2- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 building permit or grading permit, whichever shall occur 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 6 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 7 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 9 or a successor in interest by the City's approval of this Special Use Permit. 10 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 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 17 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. 19 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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 Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 23 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 24 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. 26 6. Prior to the issuance of a building permit, the Developer shall provide proof to the 27 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 28 PC RESO NO. 6350 -3- 7. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the 3 following: a. A growth management park fee of $0.40 per square foot of non-residential r development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by 6 employees within Local Facilities Management Zone 17. 7 8. 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 9 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. 10 9. This approval is granted subject to the approval of Planned Industrial Permit 05-25 and is subject to all conditions contained in the Planning Director's approval letter for this other approval incorporated herein by reference. 13 10. Prior to the issuance of a grading 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 14 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 Special Use Permit by Resolution No. 6350 on the property. Said 16 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 17 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 in interest. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6350 -4- 1 2 5 6 7 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 "fees/exactions." 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 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 fees/exactions 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 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 expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of November, 2007 by the following vote, to wit: AYES:Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton NOES: ABSENT: ABSTAIN: JULIE CARLSB ATTEST: Chairperson ANNING COMMISSION DON NEU Planning Director PCRESON0.6350 -5- s n p u | p a u u e * * h , M i:i if sjf gll| III I ||j illlllllisi* '^ ill CM O jlSli fjssPs^s Illil'l iilli iiill iSBiaii. CL zo Is?:; IsSasSSiiS t5s55iss- o; h D CO o SSSSg SKtgg CN CM •* (D S«- ^- o o o t t5 2o: cr W « LU UJIK £Cb b5 5x cc M CO £0 W « gggggz zz zz CODEDUJ 111 UJ UJ tuz z z z zz z z z z E 0. C D. Q. lir §^ §^a y$: ^ T IV Hit ii *: * s 1» 1 \ 8 I 1 ^I I 3 J"SgQ "a9q *«i & ffi * $JJs 8 | I H S l|| 51 1 J It, g 88||« JI K 8 3 S I * "-• $n,? 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