HomeMy WebLinkAbout2016-05-04; Planning Commission; Resolution 71671
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PLANNING COMMISSION RESOLUTION NO. 7167
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
TO ALLOW FOR THE CONVERSION OF 7,286 SQUARE FEET OF GROUND
FLOOR WAREHOUSE SPACE TO MEDICAL OFFICE SPACE AND THE
EXPANSION OF A PARKING AREA CONTAINING 28 SPACES WITHIN THE
OFFICE ZONE AND MELLO II SEGMENTS 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: COP 15-17(A)
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
ParcelS 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" -"J" dated May 4, 2016, attached hereto and on file in the Carlsbad
Planning Division, 6125 PASEO DEL NORTE-COP 15-17(A), as provided in Chapter 21.201.030 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 4, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request;
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;
WHEREAS, on October 25, 2015, the Planning Commission approved COP 15-17, as
described and condition in Planning Commission Resolution No. 7129.
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.
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B) That based on the evidence presented at the public hearing, the Commission APPROVES
6125 PASEO DEL NORTE-COP 15-17(A), based on the following findings and subject to
the following conditions:
Findings:
General
1. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated May
4, 2016 including, but not limited to the following:
a. Goal 2-G.3: Promote infill development that makes efficient use of limited land supply, while
ensuring compatibility and integration with existing uses. Ensure that infill properties develop
with uses and development intensities supporting a cohesive development pattern. The proposed
conversion to medical office from warehouse space and expansion of a parking lot is part of a
project that rehabilitated an existing building and converted the uses making efficient use out
of a developed lot. The medical office building is consistent with the medical office building
located to the north, and the parking lot expansion is compatible with the open space habitat
area to the south by complying with adjacency standards in the city's HMP. For instance, all
exterior lighting adjacent to open space areas will be of the lowest illumination allowed for
human safety, selectively placed, shielded, and direct~d away from preserved habitat to the
maximum extent practicable. Additionally, fencing with signage prohibiting access will be
installed along the boundary of the open space area.
b. Goal 4-G.3: Protect environmentally sensitive lands, wildlife habitats, and rare, threatened or
endangered plant and animal communities. The proposed parking lot expansion is adjacent to a
lot to the south that is zoned open space and is located within a "hardline" area of the city's
HMP. The habitat area in this lot will be restored and enhanced by removing non-native plants
species and planting additional native plants. A conservation easement will be recorded over
those portions of the property identified as existing "hardline." Prior to issuance of a grading
permit, a Preserve Management Plan will be prepared which will inClude specific management
directives for treatment of non-native invasive plant species in the open space area. A non-
wasting endowment will be established for an amount approved by the city based on a Property
Analysis Record or similar cost estimation method to secure the ongoing funding for the
perpetual management, maintenance, and monitoring of the biological conservation easement
area by an agency, non-profit organization, or other entity approved by the city.
c. Goal 5-G.2: Ensure that new development is compatible with the noise environment, by
continuing to use potential noise exposure as a criterion in land use planning. Only minimal
changes in noise conditions are expected from the building expansion.
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COP 15-17(A)
2. , 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.
3.
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6.
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.
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.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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.
b.
The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
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.
7. The Planning Commission of the City of Carlsbad does hereby find:
a.
PC RESO NO. 7167
it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for 6125 PASEO
DEL NORTE-COP 15-17(A), the environmental impacts therein identified for this
project and said comments thereon, and the Program, on file in the Planning
Division, prior to APPROVING the project; and
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8.
b.
c.
d.
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Addendum have been prepared in accordance with requirements
of the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
based on the Initial Study and comments thereon, the Planning Commission,
finds that there is no substantial evidence the project will have a significant effect
on the environment.
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.
Conditions:
General
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or building permit, whichever occurs first.
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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
Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit Amendment 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereat 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 shall implement, or cause the implementation o( the 6125 Paseo Del Norte Project
28 Mitigation Monitoring and Reporting Program.
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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 Amendment, (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.
Developer shall submit to the Planning Division a reproducible 24" x 36/' mylar copy of the Site
Plan, preliminary grading and drainage 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.
This approval is granted subject to the approval of GPA 07-02/ZC 15-02/LCPA 07-02 {General Plan
Update) by the California Coastal Commission.
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.
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 Amendment by Resolutions No. 7167 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.
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.
Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner
a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-File Format registered
to CCS zone 6 NAD 83. The City Planner has the discretion to waive this condition based on factors
such as the scope of the study and the format in which the exhibits were prepared.
27 14. 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
28 Manual. Developer shall construct and install all landscaping and irrigation as shown on the
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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.
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.
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 taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
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.
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.
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.
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.
Developer shall construct, install, and stripe not less than 86 parking spaces, as shown on Exhibit
"C."
This approval shall supplement Planning Commission Resolution No. 7129 approving Coastal
Development Permit No. COP 15-17.
Engineering:
General
23.
24.
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.
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.
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25.
Grading
All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary
during discretionary review and are subject to additional review and modification during final
design.
26. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading plan
review and permit fees per the city's latest fee schedule.
27. 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.
Storm Water Quality
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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.
Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) 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.
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. ___________ _
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Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design {LID) measures including, but not limited to, minimizing the
use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
sign age all to the satisfaction of the city engineer.
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
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Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
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.
Developer shall design all proposed public improvements including but not limited to sidewalk,
curb drain and storm drain cleanout as shown on the site plan. These improvements shall be
shown on one of the following, subject to city engineer approval:
a. Grading plans processed in conjunction with this project; or
b. Construction Revision to an existing record public improvement drawing.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
Fees/ Agreements
36. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
37. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
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Code Reminders
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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.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
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 nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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.
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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
sim.ilar 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 May 4, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, Segall and Siekmann
VEL YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
~~
DON NEU
City Planner
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