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HomeMy WebLinkAbout2010-09-01; Planning Commission; Resolution 67251 PLANNING COMMISSION RESOLUTION NO. 6725 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A TEMPORARY 4 SCHOOL GYM IN 11,683 SQUARE FEET OF VACANT SUITES 5 LOCATED WITHIN AN EXISTING 23,823 SQUARE FOOT OFFICE/INDUSTRIAL BUILDING ON PROPERTY LOCATED 6 IN THE TOWERS AT BRESSI RANCH, BUILDING "P" IN THE P-M ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 17. 7 ' CASE NAME: PACIFIC RIDGE SCHOOL GYM ANNEX CASE NO.: CUP 10-07o 9 WHEREAS, Pacific Ridge School, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by Palomar Airport Road, LLC, "Owner," described as 12 An undivided fee simple interest as tenants in common in and to 13 the common area within the module in which the unit described below is located, equal to the reciprocal of the number of units 14 within the module in which the unit described below is located, on shown on the Towers at Bressi Ranch - Phase III Condominium plan, recorded in the Office of the County 16 Recorder of San Diego County, State of California, on October 17, 2007 as instrument No. 2007-0667830 (Condominium Plan), 17 which is located with Lot 2 of Carlsbad Tract CT 06-02 The Towers at Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15630 i Q filed in the office of the County Recorder of San Diego County on October 11, 2007, as instrument No. 2007-0655142 (Map). 20 All defined terms used herein shall have the same meanings set forth in the declaration of covenants, conditions and restrictions 21 and grant of easements for the Towers at Bressi Ranch -_ recorded in the office of the County Recorder of San Diego County, State of California, on October 12, 2007 as instrument 23 No. 2007-0660042 (Declaration) and in the condominium plan 24 ("the Property"); and 95^ WHEREAS, said verified application constitutes a request for a Conditional Use 26 Permit as shown on Exhibits "A" - "C" dated September 1, 2010, on file in the Planning 27 Department, PACIFIC RIDGE SCHOOL GYM ANNEX - CUP 10-07, as provided by 28 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 1 WHEREAS, the Planning Commission did, on September 1, 2010, hold a duly 2 noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 <- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the CUP. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 APPROVES PACIFIC RIDGE SCHOOL GYM ANNEX - CUP 10-07, based , 2 on the following findings and subject to the following conditions: 13 Findings; 14 l. 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 15 Pacific Ridge School is necessary and desirable to the Bressi Ranch community and the City as a whole in that the school provides an alternative to the public school 17 system and provides community facility services in close proximity to the residents and employees of the businesses within Bressi Ranch. The main Pacific Ridge School campus is approximately 2/3 of a mile southeast of the proposed temporary in gym facility. The temporary school gym facility allows the school to provide physical education curriculum, and is within walking distance of the main gym, 20 during the period of time that the onsite permanent gym facility is under construction. The use is consistent with the General Plan in that the Planned 21 Industrial land use designation does not preclude the development of a temporary ~~ school gym. 23 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 the proposed temporary 24 school gym is not detrimental to the existing surrounding office/industrial, commercial or residential uses or to uses specifically permitted within the Planned Industrial zone in that the temporary gym does not require more parking than the 25 suite has been allotted by the Towers at Bressi Ranch and access to the site by the students is primarily provided by van transport from the main campus and will 27 therefore not have a significant impact on the surrounding roadways. Furthermore the temporary gym is proposed to be located within three existing building suites ^° and only tenant improvements to the interior are required for the use. PC RESO NO. 6725 -2- 3. That the site for the proposed conditional use is adequate in size and shape to 2 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 3 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the temporary gym will use 9,005 square feet at ground level of the existing 11,683 square feet of suite area. The remaining 2,678 r square feet is mezzanine that will not be used by the school. The suites are located in a previously approved 23,823 square foot office/industrial building with existing 6 onsite parking and landscaping, and requires no site alterations or additional amenities. Furthermore, the project complies with all of the required development 7 standards of the P-M Zone and the proposed 11,683 square foot tenant space is adequate in size and shape to accommodate the proposed temporary school gym operations, as shown on Exhibits "A - C". 9 4. That the street system serving the proposed use is adequate to properly handle all traffic 10 generated by the proposed use, in that the project is provided access from Gateway Road, Innovation Way, and Colt Place all of which are currently operating at an acceptable level of service. The project was previously analyzed for traffic 12 generation and the street system was designed to properly handle all traffic generated by the office/industrial park. The ADT associated with the building suites 13 when they were constructed was 187. Based on the double court configuration of the temporary gym, 80 average daily trips are associated with this proposed 14 temporary gym, which are fewer than assumed for the existing vacant suites, and can therefore be found to be accommodated by the existing street system. 16 5. That the Planning Director 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 17 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 Planning 19 Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 20 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 21 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. Conditions: 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 25 building permit for tenant improvements. 9* £\1. If any of the following conditions fail to occur, or if they are, by their terms, to be 27 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 28 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 PC RESO NO. 6725 -3- issued under the authority of approvals herein granted; record a notice of violation on the 2 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 3 or a successor in interest by the City's approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections c 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 6 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 7 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 9 4. If any condition for construction of any public improvements or facilities, or the payment 10 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 12 unless the City Council determines that the project without the condition complies with all requirements of law. 13 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 14 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 16 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 17 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 in 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 20 approval is not validated. 21 6. This project shall comply with all conditions and mitigation measures which are required __ as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 23 7. This approval shall become null and void if building permits are not issued for this 24 project within 24 months from the date of project approval. 25 8. Prior to the issuance of the building 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 be filed in the office of the County Recorder, subject to the satisfaction of the Planning 27 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 6725 on the property. 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 PC RESO NO. 6725 -4- conditions or restrictions specified for inclusion in the Notice of Restriction. The 2 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 3 or successor in interest. 9. CUP 10-07 shall be reviewed by the Planning Director annually 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. 6 If the Planning Director determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has 9 been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is 10 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 Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be , ~ heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose 13 new conditions. 14 10. This Conditional Use Permit is granted for a period of two (2) years from September 1, 2010 through September 1, 2012. 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 16 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 two (2) 17 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 20 conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 21 „ 11. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and 23 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 24 12. Students are prohibited from using personal motor vehicles to access the site and create an additional onsite par.king demand. Student access to the gym will be 26 either by school bus or van, driven by school faculty or on foot. 27 28 PC RESO NO. 6725 -5- Code Reminders: 2 13. Approval of this request shall not excuse compliance with all applicable sections of the 3 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 4 <- 14. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 6 15. Any signs proposed for this development shall at a minimum be designed in conformance 7 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs,o 9 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 11 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 12 You have 90 days from date of final approval to protest imposition of these fees/exactions. If * 3 you protest them, you must follow the protest procedure set forth in Government Code Section 1 . 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 15 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 16 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 19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6725 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 1, 2010 by the following vote, to wit: AYES: Vice Chairperson L'Heureux, Commissioners Baker, Dominguez, Montgomery, and Nygaard NOES: Commissioner Schumacher ABSENT: Chairperson Douglas ABSTAIN: STEPHEN "HAP" L"'HEUREUXVice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6725 -7-