HomeMy WebLinkAbout2014-06-18; Planning Commission; Resolution 7061
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW MIRA COSTA COLLEGE TO OPERATE THE MIRA COSTA COLLEGE
TECH INSTITUTE IN A VACANT 22,410 SQUARE FOOT BUILDING ON
PROPERTY LOCATED AT 2075 LAS PALMAS DRIVE, IN THE P-M ZONE
AND IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: MIRA COSTA COLLEGE TECH INSTITUTE
CASE NO.: CUP 14-02
WHEREAS, Mira Costa College, “Developer,” has filed a verified application with the
City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,” described as
That portion of Lots 4 and 5 of Carlsbad Tract No. 80-33 in the City of
Carlsbad, County of San Diego, State of California according to map
thereof No. 10061 as recorded in the office of the recorder of San
Diego County on April 15, 1981, as file No. 81-115129
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibits “A” – “C” dated June 18, 2014, on file in the Planning Division, MIRA COSTA COLLEGE
TECH INSTITUTE – CUP 14-02, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 18, 2014, 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.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES MIRA COSTA COLLEGE TECH INSTITUTE – CUP 14-02, based on the following
findings and subject to the following 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
PLANNING COMMISSION RESOLUTION NO. 7061
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applicable, the certified local coastal program, specific plan or master plan, in that the proposed
adjunct educational facility for Mira Costa College will provide local industry with a skilled
work force pool. Furthermore, per Industrial Implementing Policy C.9 of the General Plan
Land Use Element, educational facilities are compatible land uses in the PI land use
designation and are conditionally permitted in the implementing P-M zone.
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 adjunct educational
facility is compatible with the surrounding office/industrial park and the proposed site
provides adequate parking and provides for adequate traffic circulation that is consistent with
the city’s parking requirements. Furthermore the adjunct educational facility is proposed to
be located within an existing building and only tenant improvements to the interior are
required for the use.
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, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the adjunct educational facility will occupy 22,410 square feet in an existing building with
existing onsite landscaping and parking and requires no site alterations or additional
amenities. Furthermore, the project complies with all of the required development standards
of the P-M Zone and the proposed 22,410 square foot space is adequate in size and shape to
accommodate the proposed adjunct educational facility operations, as shown on Exhibits “A –
C.” The Tech Institute requires 48 parking spaces. The primary parking lot has 69 parking
spaces which is an excess of 21 parking spaces and therefore meets all parking requirements.
In addition there is an adjacent parking lot available to the building with 66 parking spaces
available through the City’s lease to the Mira Costa Tech Institute for a total of 87 extra
parking spaces.
4. 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 provided access from Las Palmas Drive, a
collector street which is currently operating at an acceptable level of service. The 538
average daily trips associated with this proposed educational facility can be accommodated
by the existing street system.
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 – Leasing of 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.
6. 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.
. . .
. . .
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit
issuance or occupancy, whichever occurs 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 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
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. Developer shall comply with all applicable provisions of federal, state, and local laws and
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 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.
5. 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 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.
6. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan.
7. This approval shall become null and void if building permits are not issued for this project or an
occupancy permit is not issued within 24 months from the date of project approval.
8. 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
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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 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
9. 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 City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 7061 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 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 Developer or successor in interest.
10. CUP 14-02 shall be reviewed by the City Planner 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. If the City Planner
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 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 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 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 new
conditions.
11. This Conditional Use Permit is granted for a period of ten (10) years from June 18, 2014 through
June 17, 2024. 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 ten (10) 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.
12. Prior to occupancy, a Certificate of Occupancy Permit for a change of use shall be issued per
Carlsbad Municipal Code Section 21.60.010.
. . .
. . .
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Engineering:
13. This project is approved upon the express condition that building permits or occupancy permit
will not be issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
14. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
15. 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. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
16. 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 or
occupancy permit issuance, except as otherwise specifically provided herein.
17. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
19. Any signs proposed for this development shall at a minimum be designed in conformance with
the City’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 20.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal priorto any judicial review.
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 June 18, 2014 by the following vote, to wit:
AYES: Acting Chairperson L'Heureux, Commissioners Anderson, Segall and
Siekmann
NOES:
ABSENT: Chairperson Black and Commissioner Scully
ABSTAIN:
STEPHEN "HAP" L'HEUI^UX, Acting Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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