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HomeMy WebLinkAbout2020-06-03; Planning Commission; Resolution 7372PLANNING COMMISSION RESOLUTION NO. 7372 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A 35,360-SQUARE-FOOT, SINGLE-LEVEL PARKING STRUCTURE LOCATED OVER AN EXISTING PARKING LOT SERVING AN EXISTING OFFICE LOCATED AT 6183-6185 PASEO DEL NORTE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: CARLSBAD CORPORATE PLAZA PARKING STRUCTURE CASE NO.: SDP 2019-0003/CDP 2019-0005 WHEREAS, Scott Leggett,. "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Nextmed Ill, "Owner," described as PARCEL 3 OF PARCEL MAP NO. 3415, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1975 AS FILE NO. 75-014212 OF OFFICIAL RECORDS ("the Property"); and WHEREAS, said verified application constitutes a request for a Minor Site Development Plan and Coastal Development Permit as shown on Exhibits "A" -"G" dated June 3, 2020 on file in the Carlsbad Planning Division, CARLSBAD CORPORATE PLAZA PARKING STRUCTURE -SDP 2019-0003/CDP 2019-0005 -as provided by SP 23{H) and Government Code Section 65453, and Chapters 21.06, 21.27, 21.34, 21.38, and 21.44 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 3, 2020, 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 Minor Site Development Plan and Coastal Development Permit. 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 Planning Commission RECOMMENDS APPROVAL of SDP 2019-0003/CDP 2019-0005 -Carlsbad Corporate Plaza Parking Structure based on the following findings and subject to the following conditions: Findings: Minor Site Development Plan SDP 2019-0003 1. 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 change of use and construction of a parking structure comply with the policies of the General Plan, the standards set forth by the Carlsbad Corporate Plaza Specific Plan and the zoning ordinance. The change to medical office is a permitted use within the property's land use designation and is compatible with the surrounding residential and commercial uses. The construction of the parking structure complies with the requirements set forth by the parking chapter of the zoning ordinance. 2. 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 proposed increase in medical office use and the construction of the parking structure are compatible with the surrounding residential and commercial uses. The project will meet all required building safety and fire codes. Additionally, the removal of the limit on medical office uses is appropriate for the uses set forth by the Specific Plan and the proposed change to medical office does not significantly increase traffic circulation. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the site is already developed with two buildings totaling 64,761 square feet. The proposed change in use is compatible with the size and shape of the site and the construction of the parking structure adequately fits within a portion of the existing parking lot. 4. 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 use and parking structure comply with the requirements set forth by the Specific Plan and zoning ordinance. 5. 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 change of use does not significantly increase traffic circulation as the project generates a net gain of 2,219 average daily trips (ADTs). Coastal Development Permit CDP 2019-0005 6. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed change in use and construction of parking structure are consistent with the relevant policies of the Mello II Segment of the Local Coastal Program, PC RESO NO. 7372 -2- the Coastal Program implementing ordinance (Carlsbad Corporate Plaza Specific Plan), and the Coastal Resource Protection Overlay Zone. In addition, the project is consistent with the surrounding development, which consists of commercial and residential uses. 7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site does not have frontage along the coastline and no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the site is not suited for water-oriented recreation activities. 8. 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, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) 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. 9. 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; therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to Section 15332 -In-Fill Development Projects -of the California Environmental Quality Act (CEQA) Guidelines. The staff report includes an additional exemption for the Specific Plan Amendment component of the project. Conditions: 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 Site Development Plan, and . Coastal Development Permit. 2. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 3. 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. 4. 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 PC RESO NO. 7372 -3- 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 Site Development Plan, and 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. 5. 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 (Tentative Map/Site Plan or other), 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. 6. 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. 7. 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. 8. 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. 9. This approval is granted subject to the approval of an Amendment to the Carlsbad Corporate Plaza Specific Plan (AMEND 2019-0002) and is subject to all conditions contained in Planning Commission Resolution No. 7371 for those other approvals incorporated herein by reference. 10. Prior to the issuance of the grading 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(n) Site Development Plan and Coastal Development Permit by Resolution(s) No. 7372 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete prnject 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. Developer shall implement the "Carlsbad Corporate Plaza Parking Accommodations During Construction," "Carlsbad Corporate Plaza Parking Structure -Phasing & Logistics Plan," and "NextMed Tenant Parking Analysis," prepared by Hofman Planning & Engineering dated March 31, 2020 as an interim parking plan as presented in Attachment 5 of the project staff report. If a decrease in the vacancy rate occurs during the construction of the parking structure, the PC RESO NO. 7372 -4- Developer shall submit for and obtain City Planner approval of a revised parking plan showing parking compliance. 12. Prior to the commencement of any ground disturbing activities, the project developer shall: a. Retain the services of a qualified paleontologist who shall be on-site for the original cutting of previously undisturbed native soil (part-time for marine terrace deposit areas and full-time for Santiago Formation deposit areas). The paleontologist shall recover any discovered fossils and is empowered to temporarily divert or halt grading to allow recovery in a timely manner. Fossils shall be treated appropriately, catalogued, and deposited with pertinent field notes, pho~os, and maps, etc., as a donation with financial support for initial specimen storage in a scientific institution with permanent paleontological collections. b. Retain the services of a qualified archaeologist who shall be on-site for ground disturbing activities. In the event cultural material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseiio Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural materials that are not Tribal Cultural Resources. c. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseiio tribe that meets all standard requirements of the tribe for such Agreements. This agreement will address provision of a Luiseiio Native American monitor and contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseiio Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseiio Native American monitors and the archaeologist. Engineering: General 13. 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. 14. 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. 15. 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. PC RESO NO. 7372 -5- Fees/ Agreements 16. 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. 17. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 18. 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. 19. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private storm drain, water services, fire services, sewer laterals and trees located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 20. Developer shall implement Transportation System Management strategies per the city's Mobility Element policy 3-P.11. Prior to issuance of a building or grading permit, developer shall pay for the installation of one traffic signal controller. 21. Developer shall comply with the Transportation Demand Management ordinance per Carlsbad Municipal Code section 18.51 and Mobility Element policy 3-P.11. Prior to grading or building permit issuance, the Developer shall submit a Tier 3 Transportation Demand Management Plan to the satisfaction of the city engineer. 22. The developer shall install the following transportation demand management infrastructure measures, in accordance with the project Transportation Demand Management Plan, to the satisfaction of the City Engineer: a) Bike repair station (1 ea.). b) Public bike parking spaces (18 ea.). c) Car/van pool spaces (8 ea.). d) Passenger loading zone (1 ea.). Grading 23 . 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 as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 24. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, material deliveries, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and PC RESO NO. 7372 -6- identifying time restrictions for various construction activities. All material staging, construction trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise approved by the city engineer or Construction Management & Inspection engineering manager. Storm Water Quality 25. 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. 26. 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. 27. 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. 28. 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, pollutant control . BMP and applicable hydromodification measures. Dedications/Improvements 29. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for water main purposes as shown on the site plan. The offer shall be made by a separate recorded document: All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be · rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 30. 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. 31. Developer shall prepare and process public improvement plans and, prior to city engineer PC RESO NO. 7372 -7- approval of said plans, shall execute a city standard development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Water main re-location . B. Water meter and valve re-locations. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 32. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Utilities 33. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. 34. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 35. . The developer shall agree to 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. 36. 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 improvement plans. 37. 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 38. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050. 39. 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. PC RESO NO. 7372 -8- 40. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 41. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 42. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 43. 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. PC RESO NO. 7372 -9- 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 3, 2020, by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN : VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7372 -10-