HomeMy WebLinkAbout2015-10-21; Planning Commission; Resolution 7129
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL
DEVELOPMENT PERMIT TO ADD A THIRD FLOOR CONSISTING OF 2,000
SQUARE FEET OF PROFESSIONAL OFFICE SPACE WITHIN THE RESIDENTIAL
PROFESSIONAL ZONE AND THE MELLO II SEGMENT OF THE CITY’S
COASTAL ZONE ON PROPERTY GENERALLY LOCATED AT 6125 PASEO DEL
NORTE IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: 6125 PASEO DEL NORTE
CASE NO: CDP 15-17
WHEREAS, BSD Builders, “Developer,” has filed a verified application with the City of
Carlsbad regarding property owned by 6125 Paseo Del Norte, LLC, “Owner,” described as
Parcel 5 of Parcel Map 6022, in the City of Carlsbad, County of San Diego,
State of California, Filed in the Office of the County Recorder of San
Diego County, June 8, 1977 as instrument No. 77-224223 of official
records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits “A” – “T” dated October 21, 2015, attached hereto and on file in the Carlsbad
Planning Division, CDP 15-17 – 6125 PASEO DEL NORTE, as provided in Chapter 21.201.030 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on October 21, 2015, 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 Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 15-17 – 6125 PASEO DEL NORTE, based on the following findings and subject to the
following conditions:
. . .
PLANNING COMMISSION RESOLUTION NO. 7129
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Findings:
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the proposed building will not obstruct views of the coastline as
seen from public lands or the public right of way or otherwise damage the visual beauty of the
coastal zone. The project is consistent with the surrounding development of medical office and
commercial buildings. No agricultural uses currently exist on the site, and the property is not
within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to
urban uses. There are no sensitive coastal resources within the property and is not located in
an area of known geologic instability or flood hazard.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that no public opportunities for coastal shoreline access are available from the
subject site and no public access requirements are conditioned for the project since it is not
located between the first public road and the ocean. The commercially designated site is not
suited for water-oriented recreation activities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid
increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is
located on the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
4. The project is consistent with the Citywide 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 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. The project has been conditioned to provide proof from the Carlsbad School District that
the project has satisfied its obligation for school facilities.
b. 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.
5. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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.
7. 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(e) – additions to existing structures that will not result in
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an increase of more than 50 percent of the floor area of the structure before the addition, or
2,500 square feet, whichever is less. 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:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building
permits.
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 Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development 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 Coastal Development 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. Developer shall submit to the Planning Division a reproducible 24” x 36,” mylar copy of the Site
Plan reflecting the conditions approved by the final decision-making body.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad School District that this project has satisfied its obligation to provide
school facilities.
8. 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.
9. 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.
10. 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 City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Coastal
Development Permit by Resolutions No. 7129 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.
11. 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.
12. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
14. 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
[Click Here] , 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.
15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community and Economic Development Department and Planning.
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16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
17. 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 the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
18. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
19. Developer shall construct, install, and stripe not less than 59 parking spaces, as shown on Exhibit
“B.”
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building permit.
20. Prior to issuance of a building permit, the developer shall submit for and receive approval of a lot
line adjustment (ADJ 15-05) between APN 211-040-25 and APN 211-040-26 as shown on the site
plan all to the satisfaction of the city planner and city engineer. Developer shall pay all applicable
plan check fees per the city’s latest fee schedule.
21. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
22. This project is approved upon the express condition that building permits 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.
23. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and preliminary surface improvement plan reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the city planner, reviewed and, if
acceptable, signed by the city's project engineer and project planner prior to submittal of the
building plans, improvement plans, grading plans, or final map, whichever occurs first.
Grading
24. This project requires off site grading. Unless concurrent ownership exists, no grading for private
improvements shall occur outside the project unless developer obtains, records, and submits a
recorded copy, to the city engineer, a temporary grading, construction or slope easement or
agreement from the owners of the affected properties. If developer is unable to obtain the
temporary grading or slope easement, or agreement, no grading permit will be issued. In that
case developer must either apply for and obtain an amendment of this approval or modify the
plans so grading will not occur outside the project and apply for and obtain a finding of substantial
conformance and/or consistency determination from both the city engineer and city planner.
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25. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near the
end of 2015, and may affect the design of this project. Prior to construction, Developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
26. 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.
27. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the
satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city’s latest fee schedule.
28. Developer is responsible to ensure that all final design plans (building plans, etc.) incorporate all
applicable Best Management Practices including but not limited to source control, site design,
and Low Impact Design (LID) facilities.
29. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to
the satisfaction of the city engineer.
Dedications/Improvements
30. Developer shall construct all utility (water lateral, fire hydrant, etc.) improvements that serve this
project as shown on city-approved drawing no. 486-5 all to the satisfaction of the city engineer
and fire marshal.
Utilities
31. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
32. The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
33. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
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Code Reminders
34. 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.
35. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
36. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
37. 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.
38. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
39. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
40. 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.
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 21.54, 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
prior to 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on October 21, 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery,
Segall and Siekmann
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CARLSBAD PLANNING COMMISSION
ATIEST:
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DON NEU
15 City Planner
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