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HomeMy WebLinkAbout2002-09-18; Planning Commission; Resolution 52781 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1. 2. 3. 4. 5. 6. 7. 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 PC RES0 NO. 5278 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. 12. 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. PC RES0 NO. 5278 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. 16. 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. PC RES0 NO. 5278 -5- 1 2 3 -4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 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. PC RES0 NO. 5278 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 26. 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. PC RES0 NO. 5278 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RES0 NO. 5278 -8-