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HomeMy WebLinkAboutCUP 2017-0005; OLIVENHAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS; Admin Decision LetterSeptember 5, 2017 Chad Williams Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 ~w ~ ~-l 11"" FILE Ccityof Carlsbad SUBJECT: CUP 2017-0005 (DEV02001)-OLIVENHAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS-Request for approval of a Minor Conditional Use Permit (CUP 2017-0005) to allow two temporary mobile office buildings, one 12' X 60' and one 24' X 60' in size, pursuant to Carlsbad Municipal Code (CMC) Section 21.42.140.B.90 for a maximum period of five years on an approximately 9.7-acre site located at 1966 Olivenhain Road, in the Office (O) zone and Local Facilities Management Zone 11. Dear Mr. Williams, The City Planner has completed a review of your application for Minor Conditional Use Permit No. CUP 2017-0005, to allow two temporary mobile buildings for up to five years at 1966 Olivenhain Road. A notice was sent to property owners within a 300 foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on September 5, 2017). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the five findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. 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, including, if applicable, the certified local coastal program, specific plan or master plan in that the proposed use of two temporary mobile buildings (as defined in CMC Section 21.04.265) at 1966 Olivenhain Road will benefit the community by maintaining operations on a single site rather than expanding offsite, thereby reducing operating costs and costs to tax payers. The temporary mobile buildings are in harmony with the General Plan Land Use Designation because the use will be office space which is permitted in the Public (P) land use designation. In addition, the request does not conflict with the existing land use entitlements for the site. 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 this Conditional Use Permit will comply with the Development Standards and Special Regulations for Mobile Buildings pursuant to CMC 21.42.140.B.90 as described below: · 21.42.140.B.90 -Mobile Buildings. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CUP 2017-0005-OLIVENHAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e 2 ""'·.:a "'I -ii ~ 1: '.f a .. The mobile buildings s~all ~ ilt:~d by a permitted or conditional use allowed in the zone in which it is pla<!!!d; "Th'e: t,/liject lite is zoned Office (O) and pursuant to CMC Section 21.27.020 offices for human occupation used for professional purposes are a permitted use. The two mobile buildings satisfy this requirement by functioning as office space for the applicant's employees. b. The occupancy shall be limited to a five-year term, unless extended by the appropriate decision-maker. The mobile buildings will be permitted onsite for a term of up to five years or until Olivenhain Municipal Water District (OMWD) constructs permitted structures, whichever occurs first. The project is also conditioned to maintain the mobile buildings for office space only. c. Newly placed mobile buildings shall not be installed on permanent foundations. The mobile buildings are not installed on permanent foundations, and will have the capability to mobilize when the Conditional Use Permit is null and void. However, this Conditional Use Permit is conditioned to designate the mobile buildings to a fixed location onsite as shown on Exhibit "A". d. All mobile buildings shall have wood or stucco siding and must be installed with skirting to screen the chassis, wheels, and temporary foundation system. The two mobile buildings have wood siding and skirting which integrates closely with the surrounding office structures and maintains a professional appearance. e. All mobile buildings must meet all applicable local, state, and federal codes including, but not limited to, manufacturer's certificate of origin, current and valid registration tags, adequate accessibility for disabled persons, temporary foundation system design and installation, utility connections, and zoning requirements such as building height and setbacks. Both mobile buildings are registered by the California Department of Motor Vehicles with valid registration tags, comply with California Building Codes including accessibility, and comply with zoning requirements including building height and setbacks. 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 in order to integrate the use with other uses in the neighborhood. The project site is approximately 9.7 acres which is adequate in size to accommodate the use. To provide sufficient buffering from surrounding uses the mobile buildings are approximately 150 feet from Olivenhain Road, which is the nearest public road. In addition, landscaping along Olivenhain Road assists with shielding the mobile buildings from public view. No additional development, parking spaces or loading facilities are required. Lastly, the trailers will not impact the hardline Habitat Management Plan preserve open space to the south of the project site. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the existing levels of service for Olivenhain Road and Rancho Santa Fe Road are adequate to accommodate two temporary mobile buildings. The added 2,160 square feet of office space results in the addition of 250 average daily trips, and can be accommodated by the existing street system with no further improvements required. CUP 2017-0005-0LIVENHAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e 3 5. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301-existing facilities of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. Approval is granted for CUP 2017-0005 as shown on Exhibit "A" dated September 5, 2017 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2017-0005 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 Exhibit. Any proposed development different from this approval shall require an amendment to this approval. 4. The 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 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 Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. CUP 2017-0005-0LIVENHAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e4 7. CUP 2017-0005 shall be reviewed by the City Planner on a yearly basis 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 minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is 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 hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. This Conditional Use Permit is granted for a period of five (5) years from September 5, 2017 through September 5, 2022. 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. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner may not grant such extension, unless it finds 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 conditions which will eliminate or substantially reduce such effects. 9. 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 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. 10. 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. 11. Within 60 days of this approval, owner/applicant 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a CUP 2017-0005 -OLIVENHAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e 5 Minor Conditional Use Permit on the real property owned by the owner/applicant. 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 authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the owner/applicant or successor in interest. 12. Within 60 days of this approval owner/applicant shall obtain building permits for both mobile buildings. Failure to do so shall render this approval null and void. 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. Code Reminders: 14. This approval is granted subject to the Conditions of CUP 02-01 contained in Planning Commission Resolution No. 5535 for those other approvals incorporated herein by reference. 15. 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. CUP 2017-0005 -OLIVEN HAIN MUNICIPAL WATER DISTRICT TWO TEMPORARY TRAILERS September 5, 2017 Pa e 6 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. _If you have any questions regarding this matter, please feel to contact Paul Dan at (760) 602-4614. Sincerely, ~--~ TERI DELCAMP Principal Planner TD:PD:sc c: Don Neu, City Planner Tecla Levy, Project Engineer File Copy Data Entry HPRM