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HomeMy WebLinkAbout2019-01-16; Planning Commission; Resolution 7321( ( PLANNING COMMISSION RESOLUTION NO. 7321 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND MINOR SITE DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF AN 111,937-SQUARE-FOOT, TWO-STORY, SELF- STORAGE FACILITY LOCATED AT 2815 CARIBOU COURT ON THE NORTHEAST CORNER OF FARADAY AVENUE AND WHIPTAIL LOOP WEST ON A 5.24-ACRE SITE, ZONED PLANNED INDUSTRIAL WITHIN THE CARLSBAD OAKS NORTH SPECIFIC PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 16. CASE NAME: NORTH OAKS SELF STORAGE CASE NO.: CUP 2018-0013/SDP 2018-0009 (DEV2018-0101) WHEREAS, David Brown, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Ben Badiee, "Owner," described as Lot 5 of Carlsbad Tract No. 97-13-01, Carlsbad Oaks North, in the City of Carlsbad, County of San Diego, State of California, According to Map Thereof No. 14926, Filed in the Office of the County Recorder of San Diego County, December 15, 2004 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit and Minor Site Development Plan as shown on Exhibit(s) "A" -"P" dated January 16, 2019, on file in the Planning Division, CUP 2018-0013/SDP 2018-0009 -North Oaks Self Storage, as provided by Chapter 21.06 and 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 16, 2019, 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 CUP 2018-0013/SDP 2018-0009 -NORTH OAKS SELF STORAGE, based on the following findings and subject to the following conditions: Findings: CUP 2018-0013 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 the Specific Plan in that the proposed self-storage facility will serve the adjacent industrial uses and draw customers from within Carlsbad and surrounding cities to provide a necessary service. The project will result in the development of a currently-vacant lot. The facility is in harmony with the General Plan by providing desired storage space for the office and business uses in the industrial area, and the proposed use is designed to be compatible with the surrounding uses. 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 use is complementary to existing and future industrial uses within the immediate vicinity as well as nearby residents because it is located in a centralized area. 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 5.24-acre site is adequate in size and shape to fully accommodate a self-storage facility. The self-storage facility satisfies all applicable requirements, including but not limited to, setbacks, parking, security fences, landscaping, and varying building elevations to give the building architectural interest. The design of the facility is architecturally compatible with existing buildings in the Planned Industrial (P-M) zone and within the Carlsbad Oaks North business park. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the storage facility will be accessed from Caribou Court, which can accommodate the 241 ADT expected to be generated by the proposed self-storage use. The project is not anticipated to impact the existing levels of service on Whiptail Loop or Faraday Avenue. SDP 2018-0009 5. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposed self-storage use is consistent with the Planned Industrial (Pl) General Plan Land Use designation and is a conditionally-permitted use within the Planned Industrial (P-M) zoning designation for the site. The project complies with all development standards as required by the zoning district in which it is located as well as the Carlsbad Oaks North Specific Plan. Surface vehicle parking for 25 vehicles (21 required) is provided. Significant perimeter and parking lot landscaping is also proposed. All roadways and improvements necessary to serve the development exist, and no additional improvements are required. The project is located outside the 60 dBA CNEL noise contour of the PC RESO NO. 7321 -2- ( ( McClellan-Palomar Airport and the proposed structures are below the maximum FAA allowed height limit. The project also complies with the City of Carlsbad Climate Action Plan (CAP). 6. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the 111,937-square-foot self-storage facility has been designed to comply with all applicable development standards included in the Carlsbad Oaks North Specific Plan and Planned Industrial (P-M) zone. The project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 241 Average Daily Trips (ADT) generated by the project. In addition, internal traffic circulation complies with Fire Department and Land Development Engineering requirements. 7. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the project complies with all development standards of the Development Standards and Design Guidelines section of the Carlsbad Oaks North Specific Plan as well as the Planned Industrial (P-M) Zone (CMC Section 21.34), including setbacks, building coverage, employee eating areas, landscaping, parking, and height restrictions. 8. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the proposed four-building self-storage facility, surface parking lot, 138 square-foot outdoor employee eating area, perimeter and parking lot landscaping, drainage facilities and other ancillary improvements fit within the developable area. All applicable development standards in the Development Standards and Design Guidelines section of the Carlsbad Oaks North Specific Plan and Planned Industrial (P-M) Zone have been met. Parking and loading areas are screened through the combined use of building orientation and landscaping. Adequate vehicle circulation has been provided to accommodate truck turning movements and emergency vehicle access. Access to the site will be provided via one driveway access at Caribou Court. 9. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed self-storage use is consistent with the uses analyzed in the circulation analysis prepared for the Final Environmental Impact Report (EIR 98-08) for the Carlsbad Oaks North Specific Plan. The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 241 ADT generated by the project. General 10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated March 4, 2010, in that the project is compatible with the projected ·noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the project is located in Safety Zone 4 and, per Table 111-2 in the ALUCP, the proposed use is a compatible use within the safety zone. PC RESO NO. 7321 -3- ( Additionally, the project is not required to provide an overflight notification because the proposed use is not residential. 11. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 12. The City Planner has determined that: a. The project is a subsequent activity of a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA [15168(c)(2) and (e)]. b. This project is consistent with the project/plan cited above; c. EIR 98-08 was certified by the City Council on October 8, 2002 in connection with the prior project or plan. d. The project has no new significant environmental effect not analyzed as significant in the prior EIR. e. None of the circumstances requmng a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 13. 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: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Grading Permit or Building Permit; 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 and Minor Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit and Minor Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. PC RESO NO. 7321 -4- ( ( 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 and Minor Site Development Plan, (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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified 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 16 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. 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. PC RESO NO. 7321 -5- 11. 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 16, 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. 12. 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 Conditional Use Permit and Minor Site Development Plan by Resolution No. 7321 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 succe~sor in interest. 13. CUP 2018-0013 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. lfthe 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. 14. 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. 15. 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. 16. 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. PC RESO NO. 7321 -6- 17. Any outside storage of recreational vehicles, trucks or automobiles on this project site is specifically prohibited. Developer shall construct, install, and stripe not less than 25 parking spaces, as shown on Exhibits "A" -"P". 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 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. 20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 21. This Conditional Use Permit is granted without an expiration date. 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. Engineering Conditions: General 22. 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. 23. 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. 24. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 25. 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. 26. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city's standard form Drainage Hold Harmless Agreement. PC RESO NO. 7321 -7- ( ( 27. Developer shall cause property owner to submit an executed copy to the City Engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 28. Prior to issuance of any permit, the developer shall comply with the City's Transportation Demand Management requirements to the satisfaction of the City Engineer. Grading 29. 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. Storm Water Quality 30. 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. 31. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to , the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 32. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan {SWQMP), subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 33, Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities, Ded ications/1 mprovements 34. Developer shall submit a request to the city for the relinquishment of previously waived access rights along Caribou Ct. across the proposed driveway location. 35 . Developer shall design all proposed public improvements including but not limited to pedestrian ramps, driveways, water services/meters, etc. as shown on site plans. These improvements shall be shown on the grading plans processed in conjunction with this project to the satisfaction of the City Engineer. PC RESO NO. 7321 -8- ( 36. 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. 37. 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. 38. 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. Utilities 39. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire flows, fire hydrants and building sprinklers) required to serve the project. On-site fire hydrants shall be served by private on-site fire water main designed to the satisfaction of the Fire Marshal. 40. Developer shall design and agree to construct public facilities within public right-of-way or within easement granted to the district or the City of Carlsbad. At the discretion of the District Engineer or City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 41. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 42. 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. 43. Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 44. The developer shall agree to install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 45. The developer shall design and agree to 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. Code Reminders 46. 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. 47. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. PC RESO NO. 7321 -9- 48. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 49. 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. 50. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 16 as required by Carlsbad Municipal Code Section 21.90.050. 51. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 52. 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. 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 offinal 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. PC RESO NO. 7321 -10- ( PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 16, 2019 by the following vote, to wit: AYES: Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes, and Segall NOES: ABSENT: ABSTAIN: Commissioner Merz MARTELL MONTGOMER , Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7321 -11-