HomeMy WebLinkAbout2002-07-23; City Council; 16835; GIA Tower Addition SDP 94-06(A)/CDP 02-10CITY OF CARLSBAD -AGENDA BILL
AB# 16,835 TITLE: DEPT. HD.
GIA TOWER ADDITION
MTG. 7-23-02 SDP 94-06(A)/ CDP 02-10 CITY AlTY.
DEPT. PLN 4
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No, 2002-221’ , APPROVING SDP 94-06(A) and
CDP 02-10 as recommended for approval by the Planning Commission.
ITEM EXPLANATION:
Project application(s) To be Reviewed - Reviewed by and Administrative
Approvals Final at Council Final at Planning
Commission
Site Development Plan Amendment
Coastal Development Permit
X
X
On June 19, 2002, the Planning Commission conducted a public hearing and recommended
approval of SDP 94-06(A) and CDP 02-10 for the GIA Tower Addition (7-0 vote). The project site is
located south of Cannon Road and west of LEG0 Drive/ Armada Drive in the Coastal Zone and in
Local Facilities Management Zone 13. The site is currently developed with the headquarters and
educational campus of the Gemological Institute of America (GIA).
The development proposal would allow the height of an existing tower, located at the main entrance
of the institute, to increase from 43’ to 55’. The proposed tower will offer a space to display an
octahedron art piece which has been donated to the institute. The overall height of the tower
including the art piece will not exceed 55’.
The subject site is located within the Carlsbad Ranch Specific Plan which was adopted by the City
Council on March 16, 1993. A site development plan was approved for the establishment of GIA by
the Planning Commission in f994. The original design of the GIA complex had envisioned the
subject tower as it is illustrated in this proposal. However, at the time of approval of SDP 94-06, the
Carlsbad Ranch Specific Plan development standards did not allow architectural features to extend
to 55 feet. A site development plan amendment is now required by the Carlsbad Ranch Specific
Plan for the proposed tower addition. As summarized in the staff report, the project is consistent
with O/PI General Plan designation and complies with all applicable development standards of 0-QI
PM-Q zone and Carlsbad Ranch Specific Plan. The SDP findings and findings required by the
Carlsbad Ranch Specific Plan for approval of the .project can be made and are outlined in detail in
the attached staff report and resolutions.
EXHIBITS:
1. City Council Resolution No. 2002-221
2. Location Map
3. Planning Commission Resolutions No. 5210 and 521 1
1. Planning Commission Staff Report dated June 19, 2002
5. Excerpts of Planning Commission minutes dated June 19, 2002.
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RESOLUTION NO. 2002-221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT
PLAN AMENDMENT SDP 94-06(A) AND COASTAL
AT THE GEMOLOGICAL INSTITUTE OF AMERICA AT 5345 EXISTING TOWER TO INCREASE FROM 43' TO 55', LOCATED
ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE
13. CASE NAME: GIA TOWER ADDITION
CASE NO.: SDP 94-06(A)/CDP 02-10
The City Council of the City of Carlsbad, California, does hereby resolve as
DEVELOPMENT PERMIT 02-10 TO PERMIT THE HEIGHT OF AN
follows:
WHEREAS, the Planning Commission did on June 19, 2002, hold a duly noticed
public hearing as prescribed by law to consider the Site Development Plan Amendment SDP
94-06(A) and Coastal Development Permit CDP 02-10 to increase the height of an existing
tower located at the Gemological Institute of America from 43' to 55'. The Planning Commission
adopted Planning Commission Resolutions No. 5210 and 5211 recommending to the City
Council that they be approved: and
WHEREAS, the City Council did on the 23rd day of JULY
2002 hold a duly noticed public hearing as prescribed by law to consider the Site Development
Plan Amendment and Coastal Development Permit, and;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Site Development Plan Amendment and Coastal Development Permit;
The City Council of the City of Carlsbad, California does hereby resolve as
follows:
1. That the above recitations are true and correct.
Site Development Plan Amendment SDP 94-06(A) and Coastal Development Permit CDP 02-10
2. That the recommendation of the Planning Commission for approval of
is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5210 and 5211 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
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3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code
tiled in the appropriate court no later than the ninetieth day following the
Chapter 1.16. Any petition or other paper seeking judicial review must be
date on which this decision becomes final; however, if within ten days after
the decision becomes final a request for the record of proceedings
accompanied by the required deposit in an amount sufficient to cover the
estimated cost of preparation of such record, the time within which such
following the date on which the record is either personally delivered or petition may be filed in court is extended to not later than the thirtieth day
mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed
with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive,
Carlsbad. California 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 23rd day of JULY 2002, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Hall
NOES: None
BSENT: Council s Kulchin, Finnila
ATTEST: /
\
” LgdRAlNE M. OOD, City Clerk
(SEAL) J
Page 2 of 2 of
Resolution No. 2002-221 -2-
GIA TOWER ADDITION
SDP 94-06(A)/CDP 02-1 0
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5210
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT
TOWER TO INCREASE FROM 43’ TO 55’, LOCATED AT THE
GEMOLOGICAL INSTITUTE OF AMERICA AT 5345
ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT
ZONE 13.
CASE NAME: GIA TOWER ADDITION
CASE NO.: SDP 94-06(A)
WHEREAS, Gemological Institute of America, “Developer’T’Owner”, has filed
SDP 94-06(A) TO PERMIT THE HEIGHT OF AN EXISTING
a verified application with the City of Carlsbad regarding property described as
Lot 5 and 6 of Carlsbad Tract No. 92-07 (Carlsbad Ranch Unit
1 and Unit 2), in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 13078, filed
in the Office of the County Recorder of San Diego County on
December 28,1993.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “E” dated June 19,2002, on file in the Carlsbad
Planning Department, CIA TOWER ADDITION - SDP 94-06(A), as provided by Chapter
21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of June 2002, 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 SDP.
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.
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GIA TOWER ADDITION - SDP 94-
06(A), based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
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That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed increase in height of an existing tower at GIA
is part of the architectural design of the complex. It will enhance the main entrance
of the building and will provide an uninhabited space to display an art exhibit. The
proposed project is consistent with the Carlsbad Ranch Specific Plan. The
increased tower height will have no impact on the site, surroundings and traffic
circulation.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the original design of the GIA complex envisioned the tower height and display
of an art exhibit at this location and the project site can accommodate the increased
height of the tower and its display.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that no adjustments are necessary to allow the proposed
increase in tower height to he located at the main entrance of the GIA complex.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed use would not generate any
additional vehicle trips and will have no impact on the street system serving GIA.
That the Planning Director 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 15303 - new construction
or conversion of small structures of the state CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
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 ofthe exaction is in rough proportionality to the impact caused by the project.
PC RES0 NO. 5210 -2- 6
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1.
2.
3.
4.
5.
6.
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 hrther condition all certificates of occupancy
issued under the authority of approvals herein granted; 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 Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site 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.
The 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 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 shaIl be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The DeveloperDperator 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 Site Development Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, 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.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
PC RES0 NO. 5210 -3- 7
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7.
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Developer shall provide proof to the Director from the Carlsbad Unified School District
that this project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 13 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
This approval is granted subject to the approval of the CDP 02-10 and is subject to all
conditions contained in Resolution No. 5211 for that other approval incorporated by
reference herein.
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.
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 13 pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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.
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 feedexactions. 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.
PC RESO.NO. 5210 -4- 6‘
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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 similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feeskxactions 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 the 19th day of June 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez,
Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
/"--
- A.1
SEENA TRIGAS, Chai&son
CARLSBAD PLANNING COMMISSION
-
ATTEST:
MICHAEL J. A~ZMIIYER
Planning Director
PC RES0 NO. 5210 -5-
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PLANNING COMMISSION RESOLUTION NO. 5211
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
10 TO PERMIT THE HEIGHT OF AN EXISTING TOWER TO
INCREASE FROM 43’ TO 55’, LOCATED AT THE
GEMOLOGICAL INSTITUTE OF AMERICA AT 5345
ARMADA DRNE IN LOCAL FACILITIES MANAGEMENT
ZONE 13.
CASE NAME: GIA TOWER ADDITION
CASE NO.: CDP 02- 10
WHEREAS, Gemological Institute of America, “Developer’T’Owner”, has filed
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 02-
a verified application with the City of Carlsbad regarding property described as
Lot 5 and 6 of Carlsbad Tract No. 92-07 (Carlsbad Ranch Unit
1 and Unit 2), in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 13078, filed
in the Offke of the County Recorder of San Diego County on
December 28,1993.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “E” dated June 19, 2002, on file in the
Carlsbad Planning Department, GIA TOWER ADDITION - CDP 02-10, as provided by
Chapter 21.203 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of June 2002, 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 CDP.
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.
/o
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GIA TOWER ADDITION - CDP 02-10,
based on the following findings and subject to the following conditions:
Findinw
1.
2.
3.
4.
5.
That the proposed development is in conformance with the Mello I1 Segment of the
Certified Local Coastal Program (LCP) and all applicable policies in that Policy 2-2
provides for approval of a specific plan and allows development of non-residential
uses subject to that specific plan. The subject site is located within the Carlsbad
Ranch Specific Plan and is consistent with its requirements.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the project is located outside of the coastal shoreline
development overlay zone. Therefore, compliance with the public access and recreation
policies of Chapter 3 of the Coastal Act is not required.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed increase in tower
height to be located at the main entrance of the GIA complex is an architectural
enhancement and is integrated into the design of the existing building; no steep
slopes will be affected by the project and no 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.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, Agricultural Conversion
Mitigation Fees are not required in accordance with the provisions of the Coastal
Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Coastal Development Permit document(s) necessary to make
them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this project within 24
months of approval or this coastal development permit will expire unless extended per
Section21.201.210 ofthe Carlsbad Municipal Code.
3. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
PC RES0 NO. 521 1 -2- /I
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of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Coastal Development Permit by Resolutions No. 5211 on
the real property owned by the Developer. 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 Planning Director 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.
4. This approval is granted subject to the approval of the SDP 94-06(A) and is subject to all
conditions contained in Resolution No. 5210 for those other approvals incorporated by
reference herein.
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 feedexactions. 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 feedexactions
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 feedexactions 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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PC RES0 NO. 521 1 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of June 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall, White, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
SEENA TRIGAS, Chai son
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 521 1 -4-
The cfty of Carlsbad Planning Department EXHBIT 4
A REPORT TO THE PLANNING COMMISSION
ItemNo. @
Application complete date: February 26,2002
PC. AGENDA OF: June 19,2002 Project Planner: Saima Qureshy
Project Engineer: David Rick
SUBJECT: SDP 94-06(A)/CDP 02-10 - GIA TOWER ADDITION - Request for a
recommendation of approval for a Site Development Plan Amendment and a
Coastal Development Permit to allow the height of an existing tower to increase
from 43’ to 55’, located at the Gemological Institute of America on property
located south of Cannon Road and west of LEGOLAND Drive/Armada Drive in
the Coastal Zone and in Local Facilities Management Zone 13. The tower will be
used for displaying an octahedron art piece which has been donated to the
institute.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5210 and 5211
RECOMMENDING APPROVAL of Site Development Plan Amendment SDP 94-06(A) and
Coastal Development Permit CDP 02-10 based on the findings and subject to the conditions
contained therein.
11. INTRODUCTION
The Gemological Institute of America (GIA) is requesting authorization to increase the height of
an existing tower from 43’ to 55’, located at the main entrance of the institute. The proposed
tower will offer a space to display an octahedron art piece which has been donated to the
institute. The overall height of the tower including the art piece will not exceed 55’. The overall
GIA site contains approximately 18 acres and is located on Armada Drive, south of Cannon
Road and east of Car Country Drive.
111. PROJECT DESCRIPTION AND BACKGROUND
The subject property is developed as the headquarters and educational campus of GIA. The
overall site contains approximately 18 acres and is located on the south side of Cannon Road and
west of LEGOLAND Drive/Armada Drive. The Institute encompasses a building area of
approximately 220,500 square feet. The subject site is located within the Carlsbad Ranch
Specific Plan which was adopted by the City Council on March 16, 1993. A site development
plan was approved for the establishment of GIA by the Planning Commission in 1994. The
original design of the GIA complex had envisioned the subject tower as it is illustrated in this
proposal. However, at the time of approval of SDP 94-06, the Carlsbad Ranch Specific Plan
development standards did not allow architectural features to extend to 55 feet. A site
development plan is now required by the Carlsbad Ranch Specific Plan for the proposed tower
addition. The existing building heights range from 29 feet to 45 feet.
SDP 94-06(A)/ CDP 02-10 - GIA TOWER ADDITION
June 19,2002
Page 2
The existing tower is 43 feet high and the proposed addition will add another 12 feet to it. The
maximum height of the proposed addition will be 55 feet. The total area of the tower addition is
342 square feet or 0.5% of the roof area from which it protrudes. The art piece that will be
showcased in the tower is in the shape of an octahedron with internal lighting of 150 watts.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances, and standards as analyzed
within this section of the staff report:
A.
B.
C.
D.
E.
F.
G.
Carlsbad Ranch Specific Plan (SP 207(A));
Office (O)/ Planned Industrial (PI) General Plan Land Use Designation;
Office, Qualified Development Overlay Zone (0-Q)/ Planned Industrial, Qualified
Development Overlay Zone (P-M-Q);
Site Development Plan findings required by the Qualified Development Overlay
Zone;
Comprehensive Land Use Plan for McClellan-Palomar Airport;
Mello I1 Segment of the Local Coastal Program, Coastal development Procedures,
and the Coastal Resources Protection Overlay Zone (Chapter 21.201, 21.203 and
21.205);
Growth Management (Chapter 21.90 of the Carlsbad Municipal Code).
A. Carlsbad Ranch Specific Plan
The Carlsbad Ranch Specific Plan establishes the permitted uses for the site as well as
development standards and design guidelines. The existing headquarters and educational
campus of GIA was found to be consistent with the Carlsbad Ranch Specific Plan by the
Planning Commission and SDP 94-06 was approved by the commission for the establishment of
GIA on December 7, 1994. The proposed tower addition is consistent with the requirements of
the Specific Plan. The Specific Plan permits a height of 55 feet for architectural features and
exhibits provided the following specific findings are made regarding the protruding architectural
feature:
Required Findings
will not be used as floor area. area.
Compliance 1. Do not function to provide usable floor The tower addition will house an art piece and
2. Do not accommodate and or screen
exhibit and will not accommodate or screen building equipment.
The proposed tower addition will house an art
building equipment.
SDP 94-06(A)/ CDP 02-10 - GIA TOWER ADDITION
June 19,2002
Page 3
Required Findings
3. Do not adversely impact adjacent properties.
4. Is necessary to ensure a building's or
exhibit's design excellence; and
5. Is restricted to no more than 3 percent of the
total roof surface area of the structure from
which it protrudes.
Compliance
The proposed tower addition and the art exhibit
will enhance the main entrance of the building
and will have no adverse impacts.
The proposed tower was part of the original
design of the GIA complex and it provides a
focal point at the main entrance of the
complex.
The proposed tower is only 0.5% of the roof
area from which it protrudes.
The subject tower/ architectural element is in compliance with the above required findings.
B. & C. General Plan and Zoning
The existing General Plan and Zoning designations for the site were adopted concurrently with
the Carlsbad Ranch Specific Plan to achieve consistency. The General Plan designation of
OfficePlanned Industrial (OM) provides for the uses. Zoning for the site is Office, Qualified
Development Overlay Zone (0-Q)/F'lanned Industrial, Qualified Development Overlay Zone (P-
M-Q). The zoning designations also permit the uses subject to approval of a site development
plan. The specific plan was established with the requirement that each site requires approval of a
site development plan and the zoning reflects this criteria.
D. Qualified Develoament Overlav Zone
The Qualified Development Overlay Zone requires that a site development plan be approved for
the proposed use prior to the issuance of any building permit. The required findings and
justification for each are listed below.
(I) That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the general plan, will not be
detrimental to existing uses or to uses specifically permitted in the area in which the proposed
use is to be located, and will not adversely impact the site, surroundings or trafic circulation;
The increase in height of the tower is consistent with the overall design of the facility. The tower
and its display will not be detrimental to the site; instead it will be an enhancement to the GIA.
The tower is to provide an uninhabited space for display of an art piece and will not have any
impacts on the site, surroundings or traffic circulation.
(2) That the site for the intended use is adequate in size and shape to accommodate the use;
The original design of the GIA had envisioned the tower at this height to display art pieces. The
site is adequate in size and shape for the increased height of the tower.
SDP 94-06(A)/ CDP 02-1 0 - GIA TOWER ADDITION
June 19,2002
Page 4
3) That all of the yards, setbacks. walls, fences, landscaping, and other features necessary to
a4ust the requested use to existing or permitted future uses in the neighborhood will be provided
and maintained;
There will be no change in existing yards, setbacks, walls, fences and landscaping on the subject
site because of the proposed increase in height of the tower.
4) That the street system serving the proposed use is adequate to properly handle all traff;c
generated by the proposed use.
The proposed increase in height of the tower will have no impacts on traffic or circulation.
E. COmDrehenSiVe Land Use Plan for McClellan-Palomar AirDort
The proposed project is in compliance with the Comprehensive Land Use Plan (CLUP) for
McClellan-Palomar Airport. The subject tower is located outside the Airport Influence Area and
60 CNEL noise contour. However, a small comer of the overall site falls within the Airport
Influence Area. SANDAG staff has reviewed the proposed tower addition, in capacity as staff to
the Airport Land Use Commission. The project was found to be consistent with the CLUP.
F. Mello I1 Segment of the Local Coastal Program
As designed the proposed project is consistent with the relevant policies of the Mello I1 Segment
of the Local Coastal Program and the Coastal Resources Protection Overlay Zone. The project
site has been previously disturbed and is developed with the GIA complex. The proposed project
will not obstruct views of the coastline as seen fiom public lands or the public right-of-way or
otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on
the site, nor are there any sensitive resources located on the developed property. The proposed
project is not located on an area of known geologic instability or flood hazard. No public
opporhnities for coastal shoreline access are available fiom the subject site since it is not located
between the first public road and the ocean, and no public access requirements are conditioned
for the project. There are no steep slopes or natural vegetation on the subject site. The project
will not have drainage impacts on coastal resources.
G. Growth Management Ordinance
The proposed project is located within Local Facilities Management Zone 13 in the northwest
quadrant. The proposed increase in height of the tower will not result in increased public
facilities demands; therefore, the proposal will not exceed performance standards for public
facilities.
V. ENVIRONMENTAL REVIEW
The construction and installation of small new facilities or structures is a Class 3 Categorical
Exemption under the California Environmental Quality Act (Guidelines Section 15303).
In light of the above, a Notice of Exemption will be filed by the Planning Director upon project
approval.
I7
SDP 94-06(A)/ CDP 02-10 - GIA TOWER ADDITION
June 19,2002
Page 5
ATTACHMENTS:
1. Planning Commission Resolution No. 5210 (SDP)
2. Planning Commission Resolution No. 521 1 (CDP)
3. Location Map
4. Background Data Sheet
5. Disclosure Statement
6. Reduced Exhibits
7. Exhibits “A” - “E, dated, June 19,2002
SQ:cs:mh
BACKGROUND DATA SHEET
CASE NO: SDP 94-06(AVCDP 02-10
CASE NAME: GIA Tower Addition
APPLICANT: Gemological Institute of America (GIA)
REQUEST AND LOCATION: Increase the height of an existing tower at GIA from 43’ to 55’.
The tower will disulay an octahedron art piece. The total area of the tower addition will be 342
sauare feet.
LEGAL DESCRIPTION: Lots 5 and 6 of CT 92-07. in the City of Carlsbad. Countv of
San Diego, State of California. according to Map therefore No. 13078. filed in the Office of the
Countv Recorder of San Diego Countv on December 28, 1993.
APN: 21 1-023-10 Acres: 17.76 Proposed No. of LotsAJnits: N/A
GENERAL PLAN AND ZONING
Land Use Designation: 0- PI
Density Allowed: N/A Density Proposed: N/A
Existing Zone: 0-01 P-M - 0 Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
General Plan Current Land Use
Site 0-Q/ P-M - Q 0-PI GIA
North 0-Q/ P-M - Q 0-PI Agnculture
South 0-Q/ P-M - Q o/ PI Offices
East os os Agriculture
West OS os Agriculture
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): N/A
ENVIRONMENTAL IMPACT ASSESSMENT
c] Negative Declaration, issued
0 Certified Environmental Impact Report, dated
Other, Categorical Exemution
MRY 23 2002 2:26PM GIH 7606034296
MAS-22-2002 WED 09:06 fin .n OF CPJLSBAD FAX No. 76c 2 9559 P. 04
P- 2 -
_. "" Citv of Carlsbad
MRY 23 2002 2:26PM GIA 7606034296 P-3
L
23
L L
Planning Commission Minutes June 19,2002 DRAFT '%&e3
7. SDP 94-06(A)/CDP 02-10 - GIA TOWER ADDITION - Request for a recommendation of
approval for a Site Development Plan Amendment and a Coastal Development Permit to allow the
height of an existing tower to increase from 43' to 59, located at the Gemological Institute of
America on property located south of Cannon road and west of LEGOLAND Drive/Armada Drive
displaying an octahedron art piece which has been donated to the institute.
in the Coastal Zone and in Local Facilities Management Zone 13. The tower will be used for
Mr. Wayne introduced the last item on the agenda and stated that the Commission's action is advisory and would be folwarded to the City Council.
Chairperson Trigas opened the public hearing.
Saima Qureshy, Associate Planner, stated that the project requests authorization to increase the height of
an existing tower at the Gemological Institute of America (GIA). She described the location and size of the GIA site. She stated that the site is located within the Carlsbad Ranch Specific Plan which was approved
by the City Council in 1993. The specific plan provides a set of guidelines for the development of the
Carlsbad Ranch area. She stated that the GIA complex was approved by the Planning Commission in
however, at the time the GIA complex was approved the specific plan did not allow a 55fOOt tower or
1994 under SDP 94-06. The proposed increased height of the tower was part of the original design,
architectural protrusion, therefore the tower was removed from the design of the building. An amendment to the Specific Plan was approved by the City Council in 1995 which included a provision that the height of
architectural features could go up to 55 feet provided that certain findings are made.
Ms. Qureshy stated that the tower is located at the main entrance to the facility and its increased height
will provide a place to display an octahedron art exhibit. The exhibit and the tower are consistent with the
overall site design of the facility and will be an architectural enhancement to the design of the complex.
She stated that the project is consistent with the Carlsbad Ranch Specific Plan, General Plan and zoning
designation for the site and findings for qualified development overlay zone can be made.
Commissioner Segall asked for clarification on the lighting because it was his understanding that it was
Qureshy replied that she believed the total amount of lighting inside the octahedron is 150 watts. Ms.
150 watts, but the drawing appeared to show 150 watts in each square plus the internal lighting. Ms.
Qureshy said the 150-watt lighting inside the octahedron is supposed to light up the crystals that are
affixed to the internal walls of the octahedron. She added more that the applicant could clarify the details
and the video would be helpful in visualizing exactly what it will look like.
Commissioner Baker asked what caused the regulations to be changed for the height increase on
architectural embellishments. Ms. Qureshy replied that the Specific Plan for the Carlsbad Ranch area was
initially approved in 1993 and only GIA had detailed plans and the rest of the area was going to be lefl
agricultural until there was another amendment to the Specific Plan. The height increase amendment
came in 1995, basically for the development of Legoland.
Chairperson Trigas asked what the height is of the tallest structure in Legoland. Mr. Wayne stated that it's
governed by a couple of things and said it's close to 55 feet. He said it's also governed by the G-forces
that are produced so that they can't go too high to create a thrill ride.
Tom Costello, Director of Facilities Planning and Development at Gemological Institute of America, 5345
Armada Drive, Carlsbad. stated that the tower was pari of their original plan in 1994. He showed a plan
view of where the tower location is near the center of their property and the actual rendering that was
created and submitted to the City back in 1993-94 which indicated they always planned for something to
be built on the tower. In 2000 Swarovski. the world's premier crystal manufacturer, asked to donate an art
crystal pieces from the Swarovski portfolio. When Swarovski approached GIA, GIA went back to them piece to GIA. He stated they are known worldwide for their crystals and showed and described several
with the idea of completing their tower and they came up with the idea of the octahedron. The architect
that originally designed the building came up with the outer design. The octahedron piece is 13'4" in
height by IO'-& in width and weighs 3,307 pounds. It is a 150-watt light source fed through fiber optics.
Mr. Costello showed a video presentation from Swarovski called "Tower of Brilliance." He stated that
Harold Weingartner, the engineerldesigner. built a test model prior to building the octahedron piece that
Planning Commission Minutes June 19,2002 Page 6
was displayed in their studio before shipping to California. Mr. Costello showed how it would conceptually
they can change the intensity of the bulb. The octahedron will rotate counterclockwise at approximately
look at night. He said they would be able to adjust the lighting, if necessary, because it is fiber optic and
one rotation every two minutes. He added that due to the angle, the octahedron would not be visible from
the freeway.
Commissioner White stated that you can see the tower if you're further north on 1-5 above Agua Hedionda, and thinks it will be visible traveling south on 1-5. She asked if they would be willing to do something if
there were problems with the light on 1-5. Mr. Costello replied that GIA wants to be a cooperative member
of the Carlsbad community and if it were to cause any problems, they would definitely adjust it as
necessary. He said they built a mockup and placed it up on the tower to observe the reflections that would
be caused during the day and were very pleased with the results. He said he took some pictures from the
the freeway. He said it's not an intense light and felt comfortable that it would not cause a motorist to look
intersection of Cannon Road and Car Country and they could not see it, but he did not go farther north on
to see what it is.
Commissioner Baker asked what happens when the sun sets. Mr. Costello stated that's why they did the
test model. They created a quarter of the octahedron and attached the test piece with the crystals and
filmed it from sunrise to about 500 p.m. from all angles and found they were getting more reflection and
intense flashes from car windows than they did from the octahedron. When they filmed it there was no
roof protecting the octahedron from the direct sunlight and they did not get any major flashes. He said if it
were to give off a sparkle, it would immediately go away since it's not stationary.
Commissioner Baker asked if there was any reason to get in touch with the airport. Mr. Costello said they
had done that and there were no concerns.
Commissioner Segall asked how the crystals are suspended. Mr. Costello said they're glued to a pane of
glass.
Commissioner Segall commented for the record that he wanted to make sure that this is not a cell site.
Mr. Costello confirmed that it is not a cell site.
Commissioner Dominguez asked where the primary visual impact would be from this architectural accoutrement. Mr. Costello said the primary impact would be on the GIA property as they walk into the
building; and the best angle is about 75-80 feet away from the tower. He added it would be visible from
Lego Drive and the northern part of Cannon Road and Armada Drive, but the best location to see its
beauty would be on the GIA property.
Commissioner Dominguez added that Swarovski is known internationally as the most noted cutter Of
crystals; he has seen some of their work and didn't think they would do anything that would be of detriment to any community.
MOTION
AC TION:
Commission adopt Planning Commission Resolutions No. 5210 and 5211
Motion by Commissioner Baker and duly seconded, that the Planning
and Coastal Development Permit CDP 02-10 based on the findings and subject
recommending approval of Site Development Plan Amendment SDP 94-06(A)
to the conditions contained therein.
VOTE: 7-0-0
AYES: Chairperson Trigas, Commissioners Baker, Dominguez, Heineman, Segall,
White, and Whitton
NOES: None
ABSTAIN: None
Chairperson Trigas asked when the art piece would go up. Mr. Costello replied they are hoping to have
Mr. Swarovski here for an unveiling in November.
NOTICE OF PUBLIC HEARING
li&iahedron art pl&e whlch has been donaled lo Ihe inSlil I WATlnN'
Facllllles Managemenl Zone 13 ASSESSOR'S PARCEL NUMBER :111-023-10 APPLICANT: Robed Coflec 3111 Second Avenue, Sle 3 Corona Del hlar. CA 92625
A publk hearing on the above pro osed project wlll be held b the (Xy Councll In the Councll Chambers, 12 Carlsbad Village Drlve, Carlsbad. dellfornia, on July 23, 2002 a Y 6 00 (1 rn Persons are cordlally invlled lo anend Ihe public hearing and provide Ihe decision makers wllh any oral ,or wrill commenls Ihe may have regardlng the pro~ecl The pro ecl WIII be descrlbed and a slaff recommendallon glvi lollowed by pub testimony, quesllons and a decislon. C!kyes a1 Ihe slafl report will be avallable on or afler JI
II you have any questions, or would like lo be notllled of the decision, please contact Saima Quresh al the City Carlsbad Planning Deparhnenl. Monday throu h Thursda 7 30 am Io 5.30 p.m., Frlday 8.00 am k 5:OO p m 1635 Faraday Avenue, Cartsbad, Callfornia 92%08, (760 l 02-4619
lirnlled lo raislng only lhose issues you orsomeone else rased a1 (he publlc hearlng descrlbed In fhls notice. 01
If you challenge the Sile Developmenl Plan Amendmenl and a Coastal Developmenl Permil in court, you may
written correspondence delivered 10 Ihe C~ly 01 Carlsbad. Alh C~ly Clerk, 1200 Carlsbad Village Drive, Carlsb, prior Io the ubllc hearlng
mg wlthln len (10). calendar da s afler a declslon by the lannlng Conmlsslon. 1 Appeals k Ihe City Courrcil. Where Ihe d,ecision is ap eatable lo It e Clly Council, appeals must be filed in w
2 Coaslal Commission A pea able Projecl: This sile is localed wifhn the Coastal Zone Appealable Area. XThls sile IS no1 localed wlthln the Coaslal Zone Appealable Area %;re the declsion IS appealable to Ihe Coaslal Commlssion, appeals musl be filed with the COaSlal COmmisSi wilhln len (10) working Uays after the Coastal Commlssion has recelved a Notice 01 Final Acllon from the Clly Carlsbad. Appl~canls wlll be notlfled by the Coastal Commlssion 01 lhe date that lhelr a peal eriod wlll COnClUl The San Dlego Office of Ihe Coaslal Commisslon is localed at 7575 Netropolltan Drive, guile pO3. San Dlego, C ilornla 92108-4402 CASE FlLE.SDP 94-06(A /COP 02-10
PUBLISH. TUESDAY, .JULY 9. 2002
I 9,2002
AdEALS
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CASE NAME. G~ATOVE~ADD~T~ON
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NOTICE OF PUBLIC HEARING
DESCRIPTION:
Request for approval for a Site Development Plan Amendment and a Coastal
Development Permit to allow the height of an existing tower to increase from 43
to 55’, located at the Gemological Institute of America. The tower will be used for
displaying an octahedron art piece which has been donated to the institute.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located south of
Cannon Road and west of LEGOLAND Drive/Armada Drive in the Coastal Zone
and in Local Facilities Management Zone 13.
ASSESSOR’S PARCEL NUMBER: 21 1-023-10
APPLICANT:
Robert Coffee
31 11 Second Avenue, Ste. 3
Corona Del Mar, CA 92625
A public hearing on the above proposed project will be held by the City Council in the
Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on Julv 23, 2002
at 6:OO p.m.
Persons are cordially invited to attend the public hearing and provide the decision
makers with any oral or written comments they may have regarding the project. The
project will be described and a staff recommendation given, followed by public
testimony, questions and a decision. Copies of the staff report will be available on or
after July 19, 2002.
If you have any questions, or would like to be notified of the decision, please contact
Saima Qureshy at the City of Carlsbad Planning Department, Monday through Thursday
7:30 a.m. to 530 p.m., Friday 8:OO a.m. to 5:OO p.m. at 1635 Faraday Avenue,
Carlsbad, California 92008, (760) 602-4619.
APPEALS
If you challenge the Site Development Plan Amendment and a Coastal Development
Permit in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence
delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive,
Carlsbad, prior to the public hearing.
1. Appeals to the City Council: Where the decision is appealable to the City
Council, appeals must be filed in writing within ten (IO) calendar days after a
decision by the Planning Commission.
2. Coastal Commission Appealable Project: 0 This site is located within the Coastal Zone Appealable Area.
This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed
with the Coastal Commission within ten (IO) working days after the Coastal Commission
has received a Notice of Final Action from the City of Carlsbad. Applicants will be
notified by the Coastal Commission of the date that their appeal period will conclude.
The San Diego Office of the Coastal Commission is located at 7575 Metropolitan Drive,
Suite 103, San Diego, California 92108-4402.
CASE FILE: SDP 94-06(A)ICDP 02-10
CASE NAME: GIA TOWER ADDITION
PUBLISH: TUESDAY, JULY 9,2002
GIA TOWER ADDITION
SDP 94-06(A)/CDP 02-1 0
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SAN MARCOS CA 92069
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505 S VULCAN AVE
ENClNlTAS CA 92024
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VISTA GA 92085
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SAN DIEGO CA 92123
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