HomeMy WebLinkAbout2002-09-18; Planning Commission; Resolution 52781
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PLANNING COMMISSION RESOLUTION NO. 5278
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
SION OF AN EXISTING OFFICE BUILDING INTO A CAMPUS
FOR NATIONAL UNIVERSITY LOCATED AT 705 PALOMAR
AIRPORT ROAD IN THE LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: NATIONAL UNIVERSITY
CASE NO.: CUP 02-03
WHEREAS, National University, “Developer,” has filed a verified application
with the City of Carlsbad regarding property owned by Prentiss Properties Acquisition
Partners, LP, “Owner,” described as
CONDITIONAL USE PERMIT TO ALLOW THE CONVER-
Parcel 3 of Parcel Map No. 15386 in the City of Carlsbad,
County of San Diego, State of California, according to the map
thereof no 11287, filed in the office of the County Recorder of
San Diego County, September 16,1988, as file No. 88-467980 of
offkial records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - c‘C” dated September 18, 2002, on file in the Carlsbad
Planning Department, NATIONAL UNIVERSITY - CUP 02-03, as provided by Chapter 21.42
and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 18th day of September 2002,
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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES NATIONAL UNIVERSITY - CUP 02-03, based on the following
findmgs and subject to the following conditions:
Findings:
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That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the community benefits of a university include a
higher education facility which offers undergraduate and graduate programs to a
diverse population of adult learners. The land use designation of “Planned
Industrial” does not preclude the provision of a university and existing uses on-site
and adjacent to it are comprised of offices and light industrial uses which will not be
impacted by the proposed use.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project meets all City standards and policies without the need for a variance
from standards.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or pennitted future uses in the neighborhood will be
provided and maintained, in that no adjustments are necessary to allow the proposal to
be located on the subject site. The project constitutes conversion of an existing
office building into a campus for National University.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is conditioned to mitigate traffic
impacts and the applicant has agreed to the mitigation measures which include
extending the left-turn lane on Avenida Encinas an additional 125 feet with a 50-
foot entrance gap.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the City’s General Plan, based on the facts set forth in the staff report
dated September 18, 2002 and that the proposed use of a private university is
consistent with the land use designation of Planned Industrial.
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.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
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facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a.
b.
C.
d.
The project has been conditioned to provide proof from the Carlsbad
Unified School District that the project has satisfied its obligation for
school facilities.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
and will be collected prior to issuance of building permit.
The Public Facility fee is required to be paid by Council Policy No. 17 and
will be collected prior to the issuance of building permit.
The Local Facilities Management fee for Zone 3 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance
of building permit.
8. The project is consistent with the Comprehensive Land ' Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that the project is located within the
60 dB CNEL noise contour, but the interior noise level is less than 45 CNEL. The
project is compatible with the projected noise levels of the CLUP; and, based on the
noisefland use compatibility matrix of the CLUP, the proposed land use is compatible
with the airport, in that the acoustical compliance survey conducted for the University
confirms that the interior noise level will not exceed 45 CNEL.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
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; 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. The Developer shall comply with all applicable provisions of federal, state, and local laws
PC RES0 NO. 5278 -3-
and regulations in effect at the time of building permit issuance.
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4.
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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.
Developer shall implement or cause the implementation of the National University
Project Mitigation Monitoring and Reporting Program.
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 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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
This approval is granted subject to the approval of CDP 02-04 and is subject to all
conditions contained in Resolution No. 5279 for that other approval incorporated by
reference herein.
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.
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13.
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This Conditional Use Permit shall be reviewed by the Planning Director 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 and welfare. If
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.
This Conditional Use Permit is granted for a period of six (6) years and eight (8) months
from September 18, 2002 through May 15,2009. 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 Planning Commission 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. There
is no limit to the number of extensions the Planning Commission may grant.
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
City of Carlsbad has issued a Conditional Use Permit, and Coastal Development
Permit by Resolutions No. 5278 and 5279 on the real property owned by the Developer.
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
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.
Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance andor resolution
and this project becomes subject to a linkage fee pursuant to said ordinance andor
resolution, then the Developer, or hishedtheir successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
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17.
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Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
The operating hours of National University are restricted to from 530 pm to 10:30
pm Monday through Friday and from 8:30 am to 5:30 pm on Saturday.
The applicant shall restrict the number of students to a maximum of 320, in
attendance at the campus at one time and maximum allowable number of employees
present during the operating hours of the University shall not exceed 27.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed site plan must be met prior to approval of a building permit.
General
20. 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 formally
established by the City.
21. Prior to the issuance of building permits, the applicant shall submit a plan indicating how they
intend to inform students and faculty of alternative travel routes to the project site as
recommended in the “Additional Queuing Analysis for National University,” dated June 14,
2002. Said plan is subject to the City Engineer’s approval and must be implemented prior to the
University’s first day of service.
Dedicationflmmovements
22.
23.
Prior to the issuance of building permit, the applicant shall submit striping plans to
the City Engineering Department and process said plans through the City’s
improvement plan check process. Said plans shall extend the project site’s left-turn
lane on Avenida Encinas an additional 125 feet with a 50-foot entrance gap. Unless
the City Engineer otherwise deems it necessary, a standard improvement agreement
will not be required.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “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:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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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
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Special Conditions
24. 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 traffic
impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
Code Reminders:
25.
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27.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 3 pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
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 feedexactions 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 18th day of September 2002 by the
following vote, to wit:
AYES: Commissioners Dominguez, Baker, Heineman, Segall, White, and
Whitton
NOES: None
ABSENT: Chairperson Trigas
ABSTAIN: None
C RLSB PLANNINGCOMMISSION v9
ATTEST:
Planning Director
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