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HomeMy WebLinkAbout2012-05-08; City Council; 20896; SDG & E North Coast Ops Center RP 11-35CITY OF CARLSBAD - AGENDA BILL 14 AB# MTG. 5/8/12 DEPT. CED SDG&E NORTH COAST OPS CENTER RP 11-35 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT Resolution No. 2012-105 APPROVING Redevelopment Permit RP 11-35 for the SDG&E North Coast Ops Center temporary mobile building for a period of five years. ITEM EXPLANATION: Project Application(s) Administrative Approvals Planning Commission City Council Conditional Use Permit (CUP) Redevelopment Permit (RP) X RA = Recommended Approval X = Final City decision-making authority -/ - requires Coastal Commission approval On March 13, 2012 the City Council received a Community and Economic Development Department Report regarding the processing requirements for the proposed SDG&E North County Operations Center temporary mobile building. The City Council adopted City Council Resolution No. 2012-058 (see Exhibit #3) which allowed the temporary mobile building Conditional Use Permit (CUP) and Redevelopment Permit (RP) to be processed without a comprehensive update to Specific Plan 144. On April 4, 2012 the Planning Commission conducted a public hearing and approved a five-year Conditional Use Permit. CUP 11-07, and recommended approval (6-0-1) of the Redevelopment Permit (RP 11-35) to allow for the development of a 2,850 square foot temporary mobile building at the SDG&E North Coast Ops Center, located at 5016 Carisbad Boulevard in the South Carisbad Coastal Redevelopment Area Plan, the Agua Hedionda Segment of the Carisbad Local Coastal Program, and Local Facilities Management Zone 3. One member of the public. Nina Eaton spoke at the Planning Commission public hearing, stating concerns that allowing the SDG&E temporary mobile building to be developed would encourage SDG&E, and also NRG, the power plant neighbor to the north, to remain at their current site for a longer period of time. FISCAL IMPACT: No fiscal impacts are associated with this action. The processing of the RP for the operations center has been paid for with the RP application fees. DEPARTMENT CONTACT: Dan Halverson 760-602-4631: Daniel.Halverson(a)carisbadca.goy FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED X DENIED • CONTINUED • WITHDRAWN • AMENDED X CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • See City Attorney Memo dated May 8, 2012 attached. Page 2 ENVIRONMENTAL IMPACT: The City Planner has determined that this project is exempt from the requirements of the California Enyironmental Quality Act (CEQA) per Section 15303. New Construction of limited numbers of new, small facilities or structures. A notice of Exemption will be filed upon approval of the project. EXHIBITS: 1. City Council Resolution No. 2012-105 2. Location Map 3. City Council Resolution No. 2012-058 4. Planning Commission Resolutions No. 6870 and 6871 5. Planning Commission Staff Report dated April 4. 2012 6. Draft Excerpt of Planning Commission minutes dated April 4. 2012. 1 RESOLUTION NO. 2012-105 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACTING AS THE SUCCESSOR 3 AGENCY TO THE REDEVELOPMENT AGENCY, APPROVING REDEVELOPMENT PERMIT RP 11-35 TO ALLOW FOR THE 4 DEVELOPMENT OF A 2,850 SQUARE FOOT SDG&E NORTH COAST OPERATIONS CENTER TEMPORARY MOBILE 5 BUILDING ON PROPERTY LOCATED AT 5016 CARLSBAD BOULEVARD. 6 CASE NAME: SDG&E NORTH COAST OPS CENTER CASENQ.: RP 11-35 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2. That the recommendation of the Planning Commission for the approval of 22 Redevelopment Permit RP 11-35 is approved and that the findings and conditions of the 23 Planning Commission contained in Planning Commission Resolution No. 6870 on file with the 24 City Clerk and incorporated herein by reference, are the findings and conditions of the City 25 Council of Carisbad, California, acting as the successor agency to the Redevelopment Agency. 26 /// 27 /// 28 /// The City Council of the City of Carisbad, California, acting as the successor agency to the Redevelopment Agency, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on April 4, 2012, hold a duly noticed public hearing as prescribed by law to consider Redevelopment Permit RP 11-35, and adopted Planning Commission Resolution No. 6870, recommending approval of Redevelopment Permit RP 11-35; and WHEREAS, the City Council of the City of Carisbad, acting as the successor agency to the Redevelopment Agency, on the 8th of May ^ 2012, held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to RP 11-35. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California, acting as the successor agency to the Redevelopment Agency, as follows: 1. That the above recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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 Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is flled with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be flled in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or 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 flled with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive. Carisbad. CA. 92008." PASSED. APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carisbad, acting as the successor agency to the Redevelopment Agency, on the 8*^ day of May, 2012, by the following vote to wit: AYES: NOES: ABSENT: Council Members Kulchin. Blackburn. Douglas and Packard. None. Council Member Hall. /ANN KULCHIN. H/laybiT Pro Tem ATTEST: LORRAINE M. WOOD. City Clerk (SEAL) EXHIBIT 2 NOT TO SCALE SITEMAP SDG&E North Coast Ops Center RP 11-35 3 EXHIBIT 3 The City Council of the City of Carisbad. California, does hereby resolve as follows: 1 RESOLUTION NO. 2012-058 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ALLOWING THE PROPOSED 3 SDG&E NORTH COUNTY OPERATIONS CENTER TEMPORARY MOBILE BUILDING TO BE PROCESSED BY A 4 CONDITIONAL USE PERMIT WITHOUT REQUIRING A COMPREHENSIVE UPDATE TO SPECIFIC PLAN 144 ON 5 PROPERTY LOCATED AT 5016 CARLSBAD BOULEVARD. CASE NAME: PROPOSED SDG&E NORTH COUNTY 6 OPERATIONS CENTER TEMPORARY MOBILE BUILDING-PROCESSING REQUIREMENTS 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, a Conditional Use Permit application has been submitted to the City of Carisbad, California for a proposed temporary mobile building at the SDG&E North County Operations Center located on the SDG&E property at the northeast corner of Cannon Road and Carisbad Boulevard; and WHEREAS, discussions with the property owners within the Speciflc Plan 144 area in the past relating to land uses, public access, and other similar matters progressed to the point where City Council believed that it would be necessary to update the entire Speciflc Plan; and WHEREAS, the City Council of the City of Carisbad, California previously determined in 1998 (City Council Resolution of Intention No. 98-145) that any applications for the development of the subject area should not be processed until a comprehensive update of Speciflc Plan 144 is completed, of which the SDG&E North County Operations Center site is a part thereof; and WHEREAS, however since the proposed SDG&E North County Operations Center temporary mobile building Conditional Use Permit is being proposed for only a temporary period of time (5 years), unless extended by Planning Commission for additional five (5) year periods, the City Council authorizes that the Conditional Use Permit for such use be allowed to be processed without the need to update the entire Speciflc Plan 144. /// (A 1 NOW. THEREFORE. BE IT HEREBY RESOLVED by the City Council of the City 2 of Carisbad as follows: 3 1. That the above recitations are true and correct. 18 19 20 2. That the City Council authorizes a Conditional Use Permit application for a temporary mobile building on the SDG&E North County Operation Center property, without the necessity for a comprehensive update to Speciflc Plan 144. 4 5 6 That the City Council flnds: 7 i. The proposal is for a temporary use. The proposal includes utilizing a mobile building which requires the approval of a Conditional Use 8 Permit. The Zoning Ordinance classifles the use as a mobile building and Section 21.42.140(A)(90) limits the occupancy of mobile buildings 9 to a five-year term, unless extended by the Planning Commission for any additional five-year terms. Through the Conditional Use Permit, 10 supported by these provisions in the ordinance, the period that the mobile building is on site can and will be limited. ^ ^ ii. That SDG&E has expressed an interest in working with the City on a 12 longer term plan to relocate the North County Operations Center from its current location to a new location off the coastline. The proposed 13 mobile building will allow SDG&E to meet its current operational needs on a temporary basis while a possible new location is pursued, 14 or alternately, until a permanent and more comprehensive plan to address their training needs on the current site is brought fonA/ard. 15 The long term benefit of a relocated Operations Center to the community is that the coastally proximate site could be made 16 available in the future for other uses that would capitalize on being located along Carlsbad Boulevard and the Interstate 5 corridor iii. In order to ensure that progress towards a new location, or alternatively towards a permanent and more comprehensive plan to address their training needs is being diligentiy pursued, the City Council, after review and recommendation by the Planning Commission, shall be the flnal decision-making body on any additional five-year extension of the Conditional Use Permit for the SDG&E North County Operations Center temporary mobile building. 21 iv. The City Council requirement that SP 144 be comprehensively updated occurred during a time when all of the Encina Property was 22 under the single ownership of SDG&E. Today a majority of the Encina Property west of Interstate 5 is under the ownership of NRG. Having 23 multiple property owners complicates the ability to update the entire plan and objections by one of the owners can prevent the update from 24 taking place. Because of the interests of the current property owners it is not feasible to comprehensively update the plan at this time. 26 /// 27 /// -2- 7 1 "NOTICE TO APPLICANT" 2 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 3 Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be flled in the appropriate court not later than the ninetieth day following the date on which 4 this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost 5 or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either 6 personally delivered or 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, 7 City of Carisbad, 1200 Carisbad Village Drive. Carisbad, CA. 92008. 8 /// III III III III III III III 9 10 11 12 13 14 15 16 17 /// 18 /// 19 /// 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// -3- % 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carisbad on the 13*^ day of March, 2012, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 1/{J(W( MATT HALL, Mayor ATTEST: iMnl NE M. WOOD, City Clerk (SEAL) EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6870 ^ A RESOLUTION OF THE PLANNING COMMISSION OF THE . CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF REDEVELOPMENT PERMIT RP 11-35 TO 4 ALLOW THE DEVELOPMENT OF A 2,850 SQUARE FOOT TEMPORARY MOBILE BUILDING ON THE 16.37 ACRE 5 SDG&E SITE, ON PROPERTY LOCATED AT 5016 CARLSBAD BOULEVARD, IN LOCAL FACILITIES 6 MANAGEMENT ZONE 3. CASE NAME: SDG&E NORTH COAST OPS CENTER ' CASENQ.: RP 11-35 17 18 19 20 21 22 27 28 WHEREAS, San Diego Gas & Electric Company, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property" described as 8 9 10 .. A Portion of Rancho Agua Hedionda in the City of Carlsbad, 11 defined as Parcel 5 in Certificate of Compliance recorded October 30,2001 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Redevelopment 15 Permit as shown on Exhibits "A" - "G" dated April 4, 2012, on file in the Planning Division, 16 SDG&E NORTH COAST OPS CENTER - RP 11-35, provided and required by Sections 601 and 608 ofthe South Carlsbad Coastal Redevelopment Area (SCCRA) Plan; and WHEREAS, Section 601 of the Redevelopment Plan states that permitted land uses shall be those permitted by the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or hereafter amended; and WHEREAS, processed concurrently with Redevelopment Permit 11-35 is 23 Conditional Use Permit 11-07; and 24 WHEREAS, the Planning Commission is the review body for recommending and 25 processing land use permits proposed in the SCCRA; and 26 WHEREAS, the Planning Commission did, on April 4, 2012 , hold a duly noticed public hearing as prescribed by law to consider said request; and |0 1 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Redevelopment 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. 14 18 23 Findings: 3 4 5 6 7 „ B) That based on the evidence presented at the public hearing, the Planning ^ Commission RECOMMENDS APPROVAL of SDG&E NORTH COAST 9 OPS CENTER - RP 11-35, based on the following findings and subject to the following conditions: 10 " 11 .. The City Plaimer has determined that the project belongs to a class of projects that the 12 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 preparation of environmental documents pursuant to Section 15303 ofthe State CEQA Guidelines as "New Construction of a limited number of small facilities or structures" development project. In making this determination, the City Planner has found that the 15 exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 16 2. That the land use serves an extraordinary public purpose in that the SDG&E North 17 Coast Operations Center is an existing land use that was approved prior to the South Carlsbad Redevelopment Plan. The proposed temporary mobile building will allow the current SDG&E employees an alternative local location for weekly j9 training and meetings who currently have to travel to San Diego for this training. The temporary mobile building is an ancillary use to an existing land use and 20 therefore is not a new land use and does not require a finding of "extraordinary public purpose." 21 3. That a Precise Development Plan (PDP) or other appropriate planning permit is approved 22 which sets forth the standards for development of the project in that pursuant to Title 21 of the Carlsbad Municipal Code (CMC) the appropriate planning permit for the project is regulated by the underlying Public Utility (P-U) Zone which, requires that 24 mobile buildings be processed and approved with a Conditional Use Permit through the Planning Commission. The project complies with the development standards of 25 the P-U Zone and the Conditional Use Permit, Chapter 21.42 of the CMC as discussed in the staff report. 26 4. That the Housing and Redevelopment Commission has issued a Redevelopment Permit 27 for the project in that the proposed SDG&E North Coast Operations Center temporary mobile building project is processing a Redevelopment Permit (RP) with 28 PC RESO NO. 6870 -2- 11 1 the CUP. The Planning Commission would recommend approval of the RP and the Housing and Redevelopment Commission would approve the RP. 2 Conditions: _. 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. 5 " 6 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 7 a building permit. o 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 9 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 10 revoke or modify all approvals herein granted; deny or ftirther condition issuance of all ftiture building permits; deny, revoke, or ftirther condition all certificates of occupancy 11 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 12 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 Redevelopment Permit. j4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Redevelopment Permit documents, as necessary to make them 15 intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 16 different fi'om this approval, shall require an amendment to this approval. 17 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. 1 o j9 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 20 are challenged, this approval shall be suspended as provided in Govemment Code Section 66020. If any such condition is determined to be invalid, this approval shall be 21 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 22 23 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 24 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly 25 or indirectly, from (a) City's approval and issuance of this Redevelopment Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 26 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 27 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 PC I^SO NO. 6870 -3- 28 1 survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. 2 6. 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 4 that Plan prior to the issuance of building permits. 5 7. This approval is granted subject to the approval of Conditional Use Permit CUP-11-07 and is subject to all conditions contained in Planning Commission Resolution No. 6871 6 for that other approval. 7 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. 8 9 9. Prior to the issuance of the building permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 10 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 11 has issued a Redevelopment Permit by Resolution No. 6870 on the property. Said Notice of Restriction shall note the property description, location of the file containing 12 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 j4 said notice upon a showing of good cause by the Developer or successor in interest. 15 NOTICE ^6 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." 18 ^ You have 90 days from date of final approval to protest imposition of these fees/exactions. If 19 you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for 20 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. 22 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 23 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 24 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 25 expired. 26 •" 27 ••• 28 5 PC RESO NO. 6870 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on April 4, 2012 by the following vote, to wit: AYES: NOES: Vice Chairperson Siekmann, Commissioners Amold, Black, L'Heureux, Nygaard and Scully ABSENT: Chairperson Schumacher ABSTAIN: KERKY SIEKMANN, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU City Planner PC RESO NO. 6870 -5-14 1 PLANNING COMMISSION RESOLUTION NO. 6871 5 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 3 CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A 2,850 SQUARE FOOT TEMPORARY 4 MOBILE BUILDING ON THE 16.37 ACRE SDG&E SITE ON PROPERTY LOCATED AT 5016 CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 3. 6 CASE NAME: SDG&E NORTH COAST OPS CENTER CASE NO.: CUP 11-07 7 8 9 filed a verified application with the City of Carlsbad regarding property" described as 19 20 21 22 WHEREAS, San Diego Gas & Electric Company, "Developer/Owner," has 10 A Portion of Rancho Agua Hedionda in the City of Carlsbad, defined as Parcel 5 in Certificate of Compliance recorded 1^ October 30,2001 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A-G" dated April 4, 2012, on file in the Planning Division, 12 13 14 15 16 SDG&E NORTH COAST OPS CENTER - CUP 11-07, as provided by Chapter 21.42 and/or 17 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 4, 2012, 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 23 relating to the CUP. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 26 A) That the foregoing recitations are tme and correct. 27 B) That based on the evidence presented at the public hearing, the Commission 28 APPROVES SDG&E NORTH COAST OPS CENTER - CUP 11-07, based on the following findings and subject to the following conditions: ^ Findings; 2 That the requested use is necessary or desirable for the development of the community, 3 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the ^ SDG&E North Coast Operations Center temporary mobile building is necessary ^ and desirable to the region and the City as a whole in that the temporary mobile building provides an alternative location for weekly training and meetings for 6 SDG&E Operation Center employees who currently travel to San Diego for the training. The use is consistent with the General Plan (Public Utilities (U) and the 7 Specific Plan 144 in that this facility is an accessory use to the primary utility use. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted 9 in the zone in which the proposed use is to be located in that the operations center would not impose any detrimental impacts to other uses in the surrounding area in 10 that the SDG&E lot is currently used as an Operations Center and storage and maintenance lot, is enclosed by a masonry wall, and is screened from surrounding public views. Furthermore the operations center is a temporary mobile building j2 which is approved conditionally for a five (5) year period with possible five year extensions following that time period subject to a recommendation by the Planning 13 Commission to the City Council. 15 18 14 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 16 City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the SDG&E site is 16.37 acre site that is currently 17 used as an Operations Center, storage and maintenance yard, office space, and as garage space. All existing buildings are setback from the surrounding streets and all parking, materials, and facilities are screened from surrounding properties 19 adequately by a masonry wall and landscaping. This temporary mobile building will be similarly setback from Cannon Road and screened with the existing masonry 20 wall and landscaping. 21 4. That the street system serving the proposed use is adequate to properly handle all traffic 22 generated by the proposed use, in that the project is provided access from Cannon Road and from Carlsbad Boulevard both of which are currently operating at an 23 acceptable level of service. The temporary mobile building will not generate any additional trips because the SDG&E North Coast employees will not have to leave 24 the site for training and testing. 5. That City Planner has determined that this project is exempt from the requirements of the 26 Califomia Environmental Quality Act (CEQA) per Section 15303, New Constmction. A notice of Exemption will be filed upon approval of the project. 27 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 28 contained in this resolution, and hereby finds, in this case, that the exactions are imposed PC RESO NO. 6871 1^ 1 to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a ^ building permit. 6 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 7 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 ^ ftiture building permits; deny, revoke, or further condition all certificates of occupancy 9 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 10 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. 11 ^2 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them 13 intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 14 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 1 ^ regulations in effect at the time of building permit issuance. 17 4. If any condition for constmction 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 18 challenged, this approval shall be suspended as provided in Govemment Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Coimcil determines that the project without the condition complies with 20 all requirements of law. 19 22 21 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 23 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, 24 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 25 (c) Developer/Operator's installation and operation of the facility permitted hereby, 2^ 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 27 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 28 n PC RESO NO. 6871 -3- 11 6. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 7. This approval is granted subject to the approval of Redevelopment Permit RP-11-35 and ^ is subject to all conditions contained in Planning Commission Resolution No. 6870 for ^ that other approval. 6 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. 7 g 9. 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 9 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 10 has issued a Conditional Use Permit by Resolution No. 6871 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 12 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 13 said notice upon a showing of good cause by the Developer or successor in interest. 14 10, CUP 11-07 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. If the City 16 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 17 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 19 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 20 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 ^1 Commission hold a public hearing and after providing the permittee the opportunity to be 22 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 23 new conditions. 24 11. This Conditional Use Permit is granted for a period of five (5) years from April 4, 2012 2^ through April 3, 2017. 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 26 the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon 27 written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant a recommendation for approval to City Council, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses PC RESO NO. 6871 -4- \% 18 ^ or the public's health and welfare is found, the extension shall be denied or recommended 2 for approval to City Council with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Council may grant. 3 12. In order to ensure that progress towards a new location, or alternatively towards a 4 permanent and more comprehensive plan to address their training needs is being ^ diligently pursued, the City Council, after review and recommendation by the Planning Commission, shall be the final decision-making body on any additional 6 five-year extension of the Conditional Use Permit for the SDG&E North Coast Operations Center temporary mobile building. 7 8 Engineering: 9 Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or 10 grading permit whichever occurs first. General 11 12 13. Prior to hauling dirt or constmction materials to or from any proposed constmction site 13 within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 14 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 1^ 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. 17 15. Developer shall incorporate measures with this project to comply with Standard 18 Stormwater Requirements per the city's Standard Urban Stormwater Management Plan j9 (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to 20 discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm mnoff, all to the satisfaction of the city engineer. 21 22 Utilities 23 16. 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. Fire 24 hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 25 2^ 17. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 27 " 28 PC RESO NO. 6871 -5-1^ Code Reminders: 18. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 3 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 4 planning purposes only. 14 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 8 "fees/exactions." 9 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 Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for 11 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 12 annul their imposition. 13 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 15 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6871 -6- p'O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on April 4, 2012 by the following vote, to wit: AYES: NOES: Vice Chairperson Siekmann, Commissioners Amold, Black, L'Heureux, Nygaard and Scully ABSENT: Chairperson Schumacher ABSTAIN: KERRY€IEKM|ANN, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU City Planner PC RESO NO. 6871 EXHIBIT 5 The City of Garlsbad Planniiig Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: January 23, 2012 P.C. AGENDA OF: April 4, 2012 Project Planner: Dan Halverson Project Engineer: Jeremy Riddle SUBJECT: I. RP 11-35/CUP 11-07 - SDG&E NORTH COAST OPS CENTER - Request for a recommendation of approval of a Redevelopment Permit and approval of a Conditional Use Permit to allow for the development of a 2,850 square foot temporary mobile building on the 16.37 acre SDG&E Operations Center property, located at 5016 Carlsbad Boulevard in the South Carlsbad Coastal Redevelopment Area, the Agua Hedionda Segment of the Carlsbad Local Coastal Program, and Local Facilities Management Zone 3. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6870 RECOMMENDING APPROVAL of Redevelopment Permit RP 11-35 and ADOPT Planning Commission Resolution No. 6871 APPROVING Conditional Use Permit CUP 11-07 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant, San Diego Gas and Electric (SDG&E), is requesting the approval of a Redevelopment Permit (RP) and a Conditional Use Permit (CUP) to allow for the development of a 2,850 square foot temporary mobile building on the southwest portion of the 16.37 acre SDG&E Operations Center property located at 5016 Carlsbad Boulevard, in the South Carlsbad Coastal Redevelopment Area, in the Agua Hedionda Segment of the Carlsbad Local Coastal Program, and Local Facilities Management Zone 3. As designed and conditioned, the project is consistent with all applicable standards and policies and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The project entails the placement of a 2,850 square foot temporary mobile building on the southwest portion of the SDG&E Operations Center property. The mobile building is proposed to be located in a paved area of the site along Cannon Road and consists of four (4) single-wide trailers. The temporary mobile building will have wood siding and be painted a tan color. The 14 foot tall building will be utilized as a temporary multi-purpose office and meeting room for SDG&E's North Coast Constmction and Operations Center. The entire project site is 16.37 acres and currently is developed with a 20,555 square foot building, two accessory 815 and 885 square foot buildings, two storage tanks, and a large miscellaneous materials storage yard. The project site is zoned Public Utility (P-U) and is surrounded by the Cabrillo Power lot to the north, residential to the south across Cannon Road, another large lot owned by SDG&E across /\ P5 RP 11-35/CUP 11-07 - SDG&E NORTH COAST OPS CENTER April 4, 2012 PAGE 2 the railroad tracks (North Coast Transit District Railroad Right-of-Way) to the east, and Cannon Park and residential across Carlsbad Boulevard to the west. The site is surrounded by a six foot masonry security wall and associated landscaping along Cannon Road and Carlsbad Boulevard which visually screen the site. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Public Utilities (U) General Plan Land Use designation; B. South Carlsbad Coastal Redevelopment Area Plan; C. Public Utility Zone (P-U, CMC Chapter 21.36); D. Encina Specific Plan (SP 144); E. Conditional Use Permit Regulations (CMC Chapter 21.42); F. Parking Ordinance (C.M.C. Chapter 21.44); G. Carlsbad Local Coastal Program: Agua Hedionda Segment and Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203); and H. Local Facilities Management Plan Zone 3. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. Public Utilities (U) General Plan Land Use designation The project site has a Public Utilities (U) General Plan Land Use designation. The Public Utilities land use designation allows for existing or proposed public or quasi-public land uses. The primary ftinctions are such things as the generation of electrical energy, treatment of wastewater, public agency maintenance and storage yards, operations facilities, or other primary utility functions designed to serve all or a substantial portion of the community. The existing site is primarily used as a public utilities operational center, storage yard, and office/meeting buildings for SDG&E. The applicant, SDG&E, would like to constmct a 2,850 square foot temporary mobile building to be used for employee compliance training, safety meetings, and various other training and testing of employees. Currently the North Coast Operations employees drive to San Diego and by allowing the temporary mobile building on this site it will assist the community and region by allowing North Coast SDG&E employees the ability to train and work locally. The proposed use is consistent with the PubHc Utilities (U) General Land Use designation. B. South Carlsbad Coastal Redevelopment Area Plan On July 18, 2000, the Housing and Redevelopment Commission of the City of Carlsbad adopted the South Carlsbad Coastal Redevelopment Area (SCCRA) to address blighting conditions in the area which includes deteriorating and dilapidated buildings, health and safety hazards, inadequate utilities and infrastmcture, incompatible land uses, and irregular lots under mixed ownership. In addition, the five year (2005-2010) Implementation Plan for the SCCRA sets forth P3 RP 11-35/CUP 11-07 - SDG&E NORTH COAST OPS CENTER April 4, 2012 PAGE 3 more specific goals for the area along with individual projects that would assist in achieving those goals. The land uses permitted by the SCCRA are those permitted by the General Plan, Zoning ordinance, and Specific Plan and includes public utility district maintenance and service facilities. The proposed project is a permissible use pursuant to the SCCRA and which is allowed in the Public Utility Zone (P-U) subject to the approval of a Redevelopment Permit (RP) and Conditional Use Permit (CUP). The SCCRA requires that three findings be made in order to approve such use. All of these findings can be made for this project as discussed below: 1. That the land use serves an extraordinary public purpose. The SDG&E North Count Coast Operations Center is an existing land use that was approved prior to the South Carlsbad Redevelopment Plan. The proposed temporary mobile building will allow the current SDG&E employees an altemative local location for weekly training and meetings who currentiy have to travel to San Diego for this training. The temporary mobile building is an ancillary use to an existing land use and therefore is not a new land use and does not require a finding of "extraordinary public purpose." 2. That a Precise Development Plan (PDP) or other appropriate planning permit is approved which sets forth the standards for development of the project. Pursuant to Titie 21 of the Carlsbad Municipal Code (CMC) the appropriate planning permit for the project is regulated by the underlying Public Utility (P-U) Zone which, requires that mobile buildings be processed and approved with a Conditional Use Permit through the Planning Commission. The project complies with the development standards of the P-U Zone and the Conditional Use Permit, Chapter 21.42 of the CMC as discussed in Sections "C" and "E" below. 3. That the Housing arid Redevelopment Commission has issued a Redevelopment Permit for the project. The proposed SDG&E North Coast Operations Center temporary mobile building project is processing a Redevelopment Permit (RP) with the CUP. The Planning Commission would recommend approval of the RP by the Housing and Redevelopment Commission. C. Public Utility Zone (P-U, CMC Chapter 21.36) The SDG&E site is zoned Public Utility (P-U), which implements the corresponding General Plan Public Utilities (U) land use designation. Section 21.36.020, Table A ofthe Public Utility Zone lists the uses and stmctures permitted in the zone and identifies that a temporary mobile building is subject to the approval of a CUP and the regulations c(mceming mobile buildings (Section 21.42.140(B)(90) ofthe CMC). Accordingly, with the approval ofthe CUP (and the RP as discussed above), the SDG&E Operational Center temporary mobile building will be a permitted use in the P-U Zone. The development standards provided for in the P-U zone include: minimum lot area, lot coverage, parking and loading area locations, and landscaping. While no building setbacks or RP 11-35/CUP 11-07 April 4, 2012 PAGE 4 SDG&E NORTH COAST OPS CENTER height standards are established by the P-U Zone, Section 21.36.050 states that the City Council may impose conditions as it determines necessary and consistent with the P-U Zone. These conditions may include, but are not limited to, provisions for setbacks, landscaping, fences and walls, height and bulk of building regulations, and parking. The project complies with all development requirements of the Public Utility (P-U) Zone as illustrated in Table 1 below: TABLE 1 - PUBLIC UTILITY (P-U) ZONE DEVELOPMENT STANDARDS Standard Required Proposed Minimum Lot Area: Minimum 7,500 square feet SD(j&E lot is 16.37 acres in size. Lot Coverage: All building and stmctures should cover no more than 50% of the area 3,5% lot coverage with the temporary mobile building. Parking and Loading areas: No parking or loading area shall be located in front or side yard adjoining a street or within 10 feet of an interior side or rear property line. All existing parking and loading areas are set back 10 feet or more from all property lines. Landscaping requirement: All required yards shall be permanentiy landscaped with one or more of the following: lawn, shmbs, trees, and flowers. The site is landscaped and screened with lawn, shmbs, and trees. The proposal is for a temporary mobile building use. The proposal includes utilizing a temporary mobile building which requires the approval of a Conditional Use Permit, The Zoning Ordinance classifies the use as a mobile building and Section 21,42,140(A)(90) limits the occupancy of mobile buildings to a five-year term, unless extended by the Planning Commission for any ftirther five year periods. Through the CUP, supported by these provisions in the ordinance, the period that the mobile building is on site can and will be limited to five years pending further requests for extensions. As discussed in Section "D" below, due to previous City Council actions regarding the processing of permits for any additional development within the Encina Specific Plan and the extension of the CUP will be subject to City Council approval. The temporary mobile building would be setback 40 feet from Cannon Road which is the same distance as the existing office building that sits adjacent to the proposed area for the mobile building. The mobile building is one story and is 14 feet tall. The lot coverage allowed in the P- U zone is 50% of the 16.37 acres. The proposed temporary mobile building would increase the coverage to 3%) for the entire lot. Parking compliance is discussed in section F below. D. Encina Specific Plan (SP 144) Adopted in 1971 and amended several times since, the Encina Specific Plan (SP 144) encompasses 680 acres and spans a two-mile distance from the Pacific Ocean to just east of Cannon Road near its intersection with Faraday Avenue. Within its boundaries are the Encina Power Station, Agua Hedionda Lagoon east and west of Interstate 5, and the SDG&E North Coast Operations Center. Previous City Council actions (City Council Resolution of Intention No. 98-145) established a policy to require that any applicant within the area subject to Specific Plan 144 prepare a ^5 RP 11-35/CUP 11-07 - SDG&E NORTH COAST OPS CENTER April 4, 2012 PAGE 5 comprehensive update of the specific plan prior to the issuance of any new permits for constmction. Since 1998, the City has been generally consistent in adhering to the City Council's adopted direction that any new facilities or improvements are not allowed until a comprehensive update to the Specific Plan is completed. However, there have been some warranted exceptions approved by the City Council in the recent past. In June 2002, the City Council determined that the processing of the Carlsbad Desalination Plant project would require a comprehensive update/amendment (AB#16,790) to Specific Plan 144, At that time, the Council also determined that if in the ftiture an altemative processing approach is warranted, staff should retum with a Council resolution proposing the altemative approach. In 2003, the City Council passed Resolution 2003-208, allowing the processing of the Desalination Plant as an amendment to Specific Plan 144, rather than as a comprehensive update to Specific Plan 144, Due to the mobile building being a temporary use, until such time as SDG&E finds a new location for its Operations Center or SDG&E brings forward an altemative that includes a permanent and comprehensive plan to address their training space needs at the present location, staff processed this issue before the City Council and recommended to City Council to allow the processing of the SDG&E temporary mobile building with a Conditional Use Permit instead of requiring a comprehensive update to SP 144, On March 13, 2012 the City Council passed resolution 2012-058 authorizing the processing of the SDG&E temporary mobile building with a Conditional Use Permit without the necessity for a comprehensive update to SP 144, E. Conditional Use Permit Regulations (CMC Chapter 21.42) The proposed project is a use which is allowed in the Public Utility Zone (P-U) subject to the approval of a CUP, Chapter 21,42 of the Carlsbad Municipal Code requires that four findings be made in order to approve a conditional use permit. All of these findings can be made for this project as discussed below: 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, if applicable, the certified local coastal program, specific plan or master plan. The SDG&E North Coast Operations Center temporary mobile building is necessary and desirable to the region and the City as a whole in that the temporary mobile building provides an altemative local location for weekly training and meetings for SDG&E Operation Center employees who currently travel to San Diego for the training. The use is consistent with the General Plan (Public Utilities (U)) and Specific Plan 144 in that this facility is an accessory use to the primary utility use. 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. The operations center would not impose any detrimental impacts to other uses in the surrounding area in that the SDG&E lot is currently used as an Operations Center and storage and maintenance lot, is enclosed by a masonry wall, and is screened from surrounding public views. Furthermore the operations center is a temporary mobile building which is approved RP 11-35/CUP 11-07 - SDG&E NORTH COAST OPS CENTER April 4, 2012 PAGE 6 conditionally for five (5) year period with possible five year extensions following that time period subject to approval by the City Council, 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. The 16,37 acre SDG&E site is currently used as an Operations Center, storage and maintenance yard, office space, and as garage space. All existing buildings are setback from the surrounding streets and all parking, materials, and facilities are screened from surrounding properties adequately by a masonry wall and landscaping. This temporary mobile building will be similarly setback from Cannon Road and screened with the existing masonry wall and landscaping. 4, That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The project is provided access from Cannon Road and from Carlsbad Boulevard both of which are currently operating at an acceptable level of service. The temporary mobile building will not generate any additional trips because the SDG&E North Coast employees will not have to leave the site for training and testing, F. Parking Ordinance (C.M.C. Chapter 21.44) The site currently has 327 existing parking spaces to service a variety of on-site existing uses including office, warehouse, daily vehicle storage, and six garage bays for vehicle maintenance. Per the City's parking ordinance, the required parking needed for the site is 214 spaces, 81 spaces for office (1 space per 250 square feet), 20 spaces for warehouse (1 space per 1000 square feet) and 6 spaces for vehicles used in conjunction with the space, 18 spaces for the garage repair/maintenance bays (4 spaces per first 3 bays and 2 spaces per the next 3 bays), and the on- site daily fleet storage of 95 spaces. The temporary mobile building is proposing to remove 13 spaces to site the building which would leave the site with 314 parking spaces, a surplus of 100 additional spaces. The temporary mobile building, at 2,850 square feet, would require 12 additional spaces (1 space per 250 sq. ft. = 11.4 spaces rounded up), which brings the total to 226 required parking spaces. Therefore, even with the 13 spaces removed, there will be a surplus of 88 parking spaces, G. Carlsbad Local Coastal Program: Agua Hedionda Segment and Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203) The Agua Hedionda Land Use Plan segment encompasses the Encina Power Station, the lagoon, and property around the lagoon. The SDG&E site and appurtenant facilities located onsite are located in the Agua Hedionda Land Use Plan segment. The Coastal Commission has retained the authority to issue the coastal development permit for these areas within the Agua Hedionda ?1 RP 11 -35/CUP 11 -07 - SDG&E NORTH COAST OPS CENTER April 4, 2012 PAGE 7 Land Use Plan segment. Nevertheless, staff has reviewed the project for compliance with the Local Coastal Program policies. The project complies with the relevant coastal policies including land use, grading and drainage, stormwater management, shoreline access, and visual resources as it is a temporary mobile building on existing paved and currently developed property. In particular, the project complies with the Land Use Plan, lot coverage, parking and loading area locations, and landscaping. The P-U zone does not have height limitations but the single-story mobile building will be 14 feet tall and will hot block any visual resources. Furthermore, the project has been conditioned to obtain a coastal development permit from the Califomia Coastal Commission. The subject site is located in the Coastal Resource Protection Overlay Zone (Chapter 21,203 of the Carlsbad Municipal Code), However, no steep slopes or native vegetation are located on the subject property. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Stormwater Ordinance, Standard Urban Stormwater Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Plan (JURMP) to avoid increased urban mnoff, pollutants, and soil erosion. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction, G. Local Facilities Management Plan Zone 3 The project is located within Local Facilities Management Zone 3, This proposal does not change the SDG&E site's facility demands since it includes a temporary mobile building to be placed on the site, V. ENVIRONMENTAL REVIEW The City Planner has determined that this project is exempt frorn the requirements of the Califomia Environmental Quality Act (CEQA) per Section 15303, New Constmction of limited numbers of new, small facilities or stmctures. A notice of Exemption will be filed upon approval of the project. ATTACHMENTS: 1. Planning Commission Resolution No. 6870 (RP) 2. Planning Commission Resolution No, 6871 (CUP) 3. Location Map 4. Background Data Sheet 5. Disclosure Statement 6. Reduced Exhibits 7. Full Size Exhibits "A"-"G" dated April 4, 2012 NOT TO SCALE SITEMAP SDG&E North Coast Ops Center RP 11-35/CUP 11-07 CASE NO: BACKGROUND DATA SHEET RP 11-35/CUP 11-07 CASENAME: SDG&E NORTH COAST OPS CENTER APPLICANT: San Diego Gas & Electric Companv REQUEST AND LOCATION: Request for a recommendation of approval of a Redevelopment Permit and approval of a Conditional Use Permit to allow for the development of a 2,850 square foot temporary mobile building on the 16.37 acre SDG&E Encina Power Plant property, located at 5016 Carlsbad Boulevard in the South Carlsbad Coastal Redevelopment Area, the Agua Hedionda Segment of the Carlsbad Local Coastal Program, and Local Facilities Management Zone 3. LEGAL DESCRIPTION: A Portion of Rancho Agua Hedionda in the Citv of Carisbad defined as Parcel 5 in Certificate of Compliance recorded October 30, 2001, APN: 210-010-40 Acres: 16.37 Proposed No, of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Public Utilities (U) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: Public Utilitv (P-U) Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site Public Utility (P-U) Public Utilities (U) SDG&E Op's Center North Public Utility (P-U) Public Utilities (U) Cabrillo Power site South One-Family Residential Residential Low-Single Family (R-l-7,500) Medium Density (RLM) Residential East Transportation Corridor Transportation Corridor North County Transit (T-C) (TC) District Railroad ROW West Open Space (OS) Open Space (OS) Cannon Park LOCAL COASTAL PROGRAM Coastal Zone: ^ Yes Q No Local Coastal Program Segment: Agua Hedionda Within Appeal Jurisdiction: ^ Yes O No Coastal Development Permit: ^ Yes Q No Local Coastal Program Amendment: Q Yes IXI No Existing LCP Land Use Designation: y_ Existing LCP Zone: P-U Proposed LCP Land Use Designation: N/A Proposed LCP Zone: N/A 30 Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, 15303 - New Constmction I I Negative Declaration, issued r~l Certified Environmental Impact Report, dated_ • Other, 31 Revised 01/06 : c c: 4^ DISCLOSURE Development Services <km> STATEMENT Planning Division CITY OF p H|/A\ 1635 Faraday Avenue CARI ^RAD {760)602 4610 \m.<'f\9\tmm*JtJi \Mm<>^ www,carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all. applications which will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Person is defined as "Any individual, firm, co-partnership, joint venture;sassociation;ssoGia[ club;*f^^ organization, corporatloh,'estate,,trust, receiver, syndicate, in this and any other county, .city aiid county, city municipality, district or other political subdivision or any other group or combination acting as a unit." 'Agents may .sign this dopunrientj however, the legal name and entity ofthe apfDlicarit arid property owner must be prbvided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, tities, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW, If a publiclv-owned corporation, include the names, tities, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person So-- oJ^ta-cJuL^— Corp/Part Titie Titie Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, tities, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW, If a publiclv-owned corporation, include the names, tities, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person S-gg- (X^CLCJJLJ^ Corp/Part Titie Titie Address Address P-1 (A) Pagel of 2 Revised 07/10 3? 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit orqanization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary ofthe: Non Profit/Trust Non Profit/Trust Titie Titie Address Address Have you had more than $500 worth of business transacted with any member of City stafl". Boards, Commissions, Committees and/or Council within the past twelve (12) months? Q Yes 2, No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge. Sign f owner/date applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date fAUU <r, |cL\)M/'^ /UN/^W(^ JcfjTVyvJ Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10- 33 c c Statement Regarding Shareholders Enova Corporation, a Sempra Energy subsidiary, owns over 97% of SDG&E's voting stock, so there are no other shareholders who own more than 9% of the company's voting stock. Enova Corporation 101 Ash Street SanDiego, CA 92101 VICINITY MAP M@mU COAST / COB^T^yCTDOM ^ OPE^/^TB DEVELOPMENT PERMIT APPLICATION TO CONSTRUCT NEW MULTI-PURPOSE MEETING/TRAINING FACILITY (MOBILE BUILDING) SAN DIEGO GAS & ELECTRIC 5015 CARLSBAD BOULEVARD CARLSBAD, CA 92008 SCOPE OF WORK ABBREVIATIONS GOVERNING AUTHORITIES GENERAL PROJECT DESCRIPTION rin»t« wrt ranMm OOT #ru« M mitthtt l*Mha, ! rni*** tKMiM lfl* fWKctl** al tfw kwMB9 It U -- -: trafatif tw KerWi COMl CM • Pr^om (LCP} and tfia »Wa^( priar (a • loFm^^lubmlliaL PROJECT DATA / PLANNING INFO <yfti»mr^ ASSCIMLr gOASMl^AMFg^tge^lHC ^WMn- ft tOC SPtanc PLAM IM * OevELOPMENT PERMIT ZONC MCOUMCS HANMNC COWIMSON APmovAL flP * CUP F(M V BUUMCS AS OCFMCO Ml CU.C SCCTKW 71.l>*.3Sft AW SMJCCT 1 AOOITIONAL DCVELOPUEHT StMOAMOS AHO SPCOAL KOLHAIKMS A LANDSCAPING S ANO tUCES). sa Bit SECTIONS (SMCtt Ail) C PARKWa SPAaS (SEE s PREUMINARY REVIEW (COMPLETED) K SuUWAnZMC (Ht QTY OF CAMSBAOS* MVUlMlMV R GRADING <5c DRAINAGE PAVCWCNT) to CMlSTMe CATCH MSMCI} NO CHANCE IS PttOPOSCO SIC Pl>M - (OtfRAu RM WrEWNCC) 91C PUM - PHOPOSED HOME BlMlWlC) ate PLAM - (PAMONC SUMAIOf gtE PUW - (TOPOCUPHV * CONCCPTUAL aoONPLAN (PMPOSED WOM£ SUUMNC) SEiEil CONNEcnON) SYMBOL LEGEND © MimOK EUVAIKM RCFUENCS (Sd DETAU) HAMIWAIK SET (NDCARW (SCE LCCENO) CALHOUN 4-ASSOCWTES MC I / J / 12 NORTH COAST CONSTRUCTION a 0P1R*TK»NS MSt DCVCLCPHCKT PCnMIT TITLE SHEET iEKlEa^L MOTES T-S \ "1 ±=JL EB .EXISTING 8UIL0IN& 815 S.F. EXIST. SHED !ej9a<.__.. I ^ CANNON NORTH COAST OPERATIONS AND MAINTENANCE CENTER - EXISTING SITE PLAN ttOQTKIUH t RAIHK « OXSnilCniM N)^^ CALHOUN 4-ASSOOATES MC DEVCLOPMCNT SD§1 NORTH COAST CONSTRUCTION & OPERATIONS B*S» XVCLOPHCKT pcnmiT EXISTING ITEM SYMBOL LEGEND T-r tm.wm GENERAL SITE DATA SITEPLAN ESPIlFillKKSIlD Al.O EXISTING BUILDING 25,317 S.F. SINGLE STORY MIXED OCCUPANCY IAREA NEXT TO MOBILL— IBLDG IS B OCCUPANCY TYPE OF CONSTRUCHON: 1-NON RATED (CALF.) 1-B (CITY) PER CHUCK IMAGINARY LINE (TO DETERMINE MOBILE BLDG OFFSET) THIS WALL DOES NOT REOUIRE FIRE RESISTANCE RATING AT (N) MOBILE BLOG. IF OFFSET FROM EXISTING STRUCTURE IS MAINTAINED NORTH COAST OPERATIONS AND MAINTENANCE CENTER PROPOSED MOBILE BUILDING PLAN CALHOUN 4^ ASSOCWTES INC NORTH COAST CONSTRUCTION A OPERATIONS BASE PCVELCPf.CHT PCRKIT lUCCLC CUIlMin - QSZK l>tlt>M FLOORPLAN mmi^ iBius-sj) Al.l i>3 CITY QF CARLSBAD PARKING REQ'S: REFERENCE CARLSBAO MUNICIPAL OROtNANCE (CHAPTER 21.44.020) -PBOFF^«anMAL OFnCES: ONC SPACE / TWO HUNOREO FIFTY SQUARE FEET OF CROSS FLOOR AREA (NOTE: MECHANICAL dt RESTROOM SPAC£S WERE CALCULATED AT THE OmcC RATE OUE TO THE "CROSS FLOOR AREA' LANGUAGE) COUNT AS PARKINC SPACES SITEPLAN IfflTF; ALL ELEMENTS ARE EMSTMC TO REMAIN UNLESS NOTED OTHERWSE DAILY PARKING NEEDS: SOCAC / PARKINC BY STANDARD/DAILY OPERATIONAL NEED: OWSITC PEBSONNFI fion: -OFFICE EUPLOYEES/VEMaES • 1:1 > (16 STALLS) -FIELD EMPLOVEESAEMiaES O 1:1 - (79 STAUS) -WAREHOUSE EMPLOVEES/VEHfCLES O IM - (4 STALLS) -GARAGE EMPLOYEES/V&WXES • 1:1 - (2 STALLS) -FLEET VEWCLES STORED ON STE « (95 STALLS) -VISITOR PARKING - (4 STAUS) OWSTF PERSONNEL flQIl: -omcc EMPLOYEESAEHICLES • l;t . (16 STALLS) -FIELD EMPLOYEES/VEHICLES O IM - (79 STAUS) -WAREHOUSE EMPLOVtES/VEHiaES O t:l - (4 STALLS) -CARACE EUPLOYEESACHICLES • IM > (2 STALLS) OTHER: -FLEET VEHiaES STORED ON S -aEET VEHiaES DtSPATCHEO f OFF SITE - (37 STALLS) -RENTAL UNIT PARKING « (6 STALLS) -VISTOR PARKINC - (4 STALLS) (iOIE; OUANTITY INDICATED REFLECTS THE REMOVAL OF STAU #78 -OFFICE (BLOG 1) 6.514 S.F. s 1/250 - (26.) STAUS) -OFFKE (TRAILER) l,44B S.F. s 1/250 - (5.8 STALLS) -OFFICE (HILDA'S) 5,209 S.F. * 1/250 - (208 STAUS) -MECH A RESTROOMS (BLOG I) 6.934 S.F. > 1/250 - (27.7 STALLS) -WAREHOUSE (BLDC 1) : A) 13.594 S.F. X 1/1.000 - (13.6 STWJ.S) B) S EMPLOYEES O 1/T - (6 STAuS) -GARAGE (5,137 SF.* BLDC 1): A) 3 BAYS > 4/BAY - (12 STAUS) B) 3 BAYS • 2/BAY - (6 STALLS) -PROPOSED MOBILE BLDC: 2.850 > t / 2SO * (II 4 STALLS) TOTAL PARKING PROPOSED = (314 STALLS) I TOTAL REQUIRED PARKING » (130 STALLS) [TDTAL NEEDED PARKING = (200 STALLS) | [ TOTAL NEEDED PARKING = (243 STALLS) [ QFFaTE PFRSONNfL (371 NOT INCIUOCO W DAILY PARKING NEEDS: -FLEET VCHKXES DISPATCHED FROM EMPLOYEES HOME/STORED OFT SITE - (37 STAUS) -I^NTAL UNIT PARKING (6 STAUS) SCALE: 1" - 60"H CALHOUN 4-ASSOCIATES MC ia/5/it I / 2 / t2 NORTH COAST CONSTRUCTION A OPERATIONS aASE DCVCLCR'iCKT PCnUIT lMf.BllC BUU«a - ORlIf PiiiSM SITEPLAN SMIMiaM13V5 A1.2 SITEPLAN (UTILITIES Sc TOPO CALHOUN 4-ASSOCWTES MC MCMiKMC * HMUS t tnsiwan inv^ NORTH COAST CONSTRUCTION A OPERATIONS BASE DCVCLCFMCHT PCnMIT Mcoiic Buiu«a -atzif EXISTING ITEM SYMBOL LEGEND GENERAL SITE DATA GRADING Vltott coma. WX pHECAiON) (St mt wguasncaMi -^-«-^ OOLLDirsnMNB^ O-^ OBI UEW StNOMD (MOO • FC DKL m GnncuKii womoi 1^ «s- IDTAL SIE ACRCACE NO GRADING IS PROPOSED. THE PROPOSED MOBILE BUILDING WILL BE PLACED ENTIRELY ON TOP OF EXISTING AC PAVED AREAS. B-60 Kt sn mc LBCAIOI SITEPLAN jturffoyiroiig tmioja ii-afH-i A1.3 MOffECWE » PUUHNG 4 OXSmilM IDMOfl^^ NORTH COAST OPERATIONS AND MAINTENANCE CENTER - PROPOSED MOBILE BUILDING FLOORPLAN CALHOUN 4-ASSOCWTES MC NORTH COAST CONSTRUCTION A OPERATIONS BASE XVCLCFMCKT PCnNIT RKCILC DULWa - r.RZIf fstxm FLOORPLAN IMl®lliDtlI ®m®i A2.1 MOfllKnK * RMUSt CnsnOON UHD^^ :::\pu. j r ,, ^" ^..^L-----_-.J^ N NORTH COAST OPERATIONS AND MAINTENANCE CENTER - SITE CROSS SECTIONS Si CALHOUN <• ASSOCIATES wc J / 2 / 12 MORTH COAST CONSTRUCTION * OPgmTWMS BASK ocvn-CPMCHT PCRurr TYncM. DOOR / S.C. P/ (LOCATMNS kL «INDO« / ALUUWAI, MU-1 AN00I2ED (LOCATIONS TBD) SOUTH ELEVATION ^ CONTWUCUS AT PCftiWCTER- . " i ' (-1»' FCXiNDATKM SYSTEM BEYOND— (NORIH SIMILAR) / 1/4 = I -0 (PROPOSED) R ASPHALTIC ROOFmc (*MlTt) h : IJ StOPE lit WOOO 9DINC / PAMTED- ) FASQA k mv i FWISMCD CEHWO^ PROPOSED MOBILE BUILOING FlNiSMCO FLOORS SITE SECTIONS & MOBILE BLDG ELEVATIONS LIE B tlSL. "^NORTH COAST OPERATIONS AND MAINTENANCE CENTER - PROPOSED MOBILE BUILDING ELEVATIONS A3.1 EXHIBIT 6 Planning Commission Minutes April 4,2012 Page 4 Vice Chairperson Siekmann asked if there were any questions of the applicant. Seeing none, she asked if there any were members of the audience who wished to speak on Agenda Item 2. Seeing none, Vice Chairperson Siekmann opened and closed the public testimony on Agenda Item 2. DISCUSSION Commissioner L'Heureux stated he can support the project. Commissioner Arnold also stated his support for the project. Commissioner Black stated he can support the project. Commissioner Scully stated she too can support the project. Commissioner Nygaard stated she can support the project. Vice Chairperson Siekmann also stated her support for the project. MOTION ACTION: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6867 and 6868 approving a Site Development Plan (SDP 08-01) and Coastal Development Permit (CDP 08- 04), based upon the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Vice Chairperson Siekmann, Commissioner Arnold, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard, and Commissioner Scully NOES: None ABSENT: Chairperson Schumacher ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next item. 3. RP 11-35/CUP 11-07 - SDG&E NORTH COAST OPS CENTER - Request for a recommendation of approval of a Redevelopment Permit and approval of a Conditional Use Permit to allow for the development of a 2,850 square foot temporary mobile building on the 16.37 acre SDG&E Operations Center property, located at 5016 Carlsbad Boulevard in the South Carlsbad Coastal Redevelopment Area, the Agua Hedionda Segment of the Carlsbad Local Coastal Program, and Local Facilities Management Zone 3. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Dan Halverson would make the staff presentation. Vice Chairperson Siekmann opened the public hearing on Agenda Item 3. Mr. Halverson gave a detailed presentation and stated he would be available to answer any questions. Vice Chairperson Siekmann asked if there were any questions of Staff. Vice Chairperson Siekmann clarified that this building is temporary and the applicant will need to apply for any extensions beyond the 5 years. Mr. Halverson stated yes. Vice Chairperson Siekmann asked if there were any further questions of Staff. Seeing none, she asked if the applicant wished to make a presentation. Planning Commission Minutes April 4,2012 Page 5 Paul Klukas, Planning Systems, 1530 Faraday Avenue Suite 100, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Vice Chairperson Siekmann asked if there were any questions of the applicant. Seeing none, she asked if there any were members of the audience who wished to speak on Agenda Item 3. Nina Eaton, 9296 Tierra Del Oro, Carlsbad, stated that if the City allows a temporary buiiding on this property it will only encourage SDG&E to stay at the location longer. Vice Chairperson Siekmann asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed the public testimony on the item. DISCUSSION Commissioner L'Heureux stated he can support the project. Commissioner Arnold stated he can support the project. Commissioner Black stated he can support the project. Commissioner Scully stated she can support the project. Commissioner Nygaard stated her concurrence with her fellow Commissioners and stated she can support the project. Vice Chairperson Siekmann stated she can also support the project. MOTION ACTION: Motion by Commissioner Nygaard, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6870 recommending approval of Redevelopment Permit RP 11-35 and adopt Planning Commission Resolution No. 6871 approving Conditional Use Permit CUP 11-07 based on the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Vice Chairperson Siekmann, Commissioner Arnold, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard, and Commissioner Scully NOES: None ABSENT: Chairperson Schumacher ABSTAIN: None Vice Chairperson Siekmann closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. 4. COMPLETE STREETS PRESENTATION - Receive a presentation regarding complete streets. Starting January 2011, Assembly Bill 1358, The California Complete Streets Act, requires that all cities, upon the next update of their circulation element, must plan for the development of multimodal transportation networks. Complete streets are part of a well- balanced, connected, safe, and convenient multimodal transportation network. The network should consist of complete streets which are designed and constructed to serve all users of streets regardless of their age or ability, or whether they are driving, walking, bicycling, or taking transit. Mr. Neu introduced Agenda Item 4 and stated Deputy Transportation Director/City Traffic Engineer Bryan Jones would make the staff presentation. ^3 ^ CARLSBAD CITY OF FOR THE INFORMATION OF THE CITY COUNCIL DATE CITY ATTORNEY May 8, 2012 To: MAYOR AND CITY COUNCIL From: CITY ATTORNEY Subject: CITY OF CARLSBAD AGENDA BILL ITEM ttl4 Item number 14 is a request that the City Council adopt a resolution approving re(development permit 11-35 for the SDG&E North Coast Op Center temporary mobile building for a period of five years. This action should be taken by the City of Carlsbad acting as the successor agency for the following reasons. AB1X26 dissolved Redevelopment Agencies providing in Health and Safety Code section 34172(2)(b) that all authority to transact business or exercise powers previously granted under the Community Redevelopment Law is withdrawn from the former redevelopment agencies. Successor agencies are designated as the successor entities to the former redevelopment agencies. (Health and Safety Code sections 34171(j) and 34173(a).) All authority, rights, duties and obligations previously vested with the former redevelopment agency are now vested in the successor agency. (Health and Safety Code sections 34173(b) and 34177.) Redevelopment law (Health and Safety Code section 33171) provided that an agency could carry out its plans for the improvement, rehabilitation, and redevelopment of blighted areas, which would include the issuing of redevelopment permits. Therefore, the redevelopment permit for the SDG&E North Coast Op Center should be an action of the City of Carlsbad as successor agency and the attached resolution is revised to reflect that the authority to issue redevelopment permits has been transferred to the City of Carlsbad as successor agency. City Attorney 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 Dgte:_ Oittribtition: CityClerk Asst. City Oerk Deputy Clerk Book — ' ybU-4i4-g307 TJA I www.carlcbarlra gnv Page 2 bill. fw Please adopt the attached resolution instead of the one attached to the agenda Very truly yours ine Mobaldi ASSISTANT CITY ATTORNEY cc: City Manager City Clerk Community & Economic Development Director Housing & Neighborhood Services Director EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i: 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY CARLSBAD, CALIFORNIA, APPROVING REDEVELOPMBfIT PERMIT RP 11-35 TO ALLOW FOR THE DEVELOPMENT^F A 2 850 SQUARE FOOT SDG&E NORTH COAST OPERATIONS CENTER TEMPORARY MOBILE BUILDING ON PIJOPERTY LOCATED AT 5016 CARLSBAD BOULEVARD. CASE NAME: SDG&E NORTH COAST OPS CEf^ER CASENQ.: RP 11-35 The City Councii of the City of Carlsbad, Cafifornia, does hereby resolve as follows: WHEREAS, pursuant to the provisioos of the Municipal Code, the Planning Commission did, on April 4, 2012, hold a duiy n^jfficed public hearing as prescribed by law to consider Redevelopment Permit RP 11-35, aa6 adoptejW^tanriTiSLCommission Resolution No. 6870, recommending approval of Redevelpment PermiNRP 11-35; ajid WHEREAS, the City Council of thdyCity oN^arls^/d, on the day of , 2012, held a duly n/lficed public hearin^to consider the recommendation and heard all persons interested in p<''opposed^j0H^P~4,3-35. NOW THERBt^QRE, BE l\r RESOLVJED by the Housing and Redevelopment Commission of the City / 3arlsbad, Cd^iforiMa. as toJlows: 1. /That theabove recitations are true and correct. 2. / That the recom>>^ndktion of the Planning Commission for the approval of Redevelopme^ Permit RP 11-35 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 6870 on file with the City Cl^ and incorporated herein by reference, are the findings and conditions of the City Coui?rcil. 111 III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "NOTICE TO APPLICANT" The time within which judicial review of this decision must 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 Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth dav^ollowing the date on which this decision becomes final; however, if within ten days after tne decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such /etition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorne/ of record, if he has one. A written request for the preparation of the record of the proceedmgs shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbac/CA 92008. PASSED AND ADOPTED at a regul^ meeting of the City Council of the City of Carlsbad on the 201/, by the following vote, to wit: NOES: ABSENT: MATT HALL, Mayor ATTEST: LORRAINE M. W0OD, City Clerk (SEAL) -2- SDG&E North Coast Ops CenterRP 11‐35 Location MapGeneral Plan Land Use Designation: Public Utilities (U)Zoning Designation: Public Utility Zone (P‐U) A T & S F R R C A R L S B A D B L CANNON RDE L A R B O L D R L O S R O B L E S D R SHORE DRT IE R R A D E L O R O S T RP 11-35/CUP 11-07SDG&E North Coast Ops Center Background•March 13, 2012 –City Council Approved Resolution No. 2012‐058 for Processing Requirements; •April 4, 2012 – Planning Commission Recommended Approval of RP 11‐35 to City Council and Approved CUP 11‐07. Project Consistency• Public Utilities (U) General Plan Land Use Designation;• South Carlsbad Coastal Redevelopment Area;• Public Utility (P-U) Zone;• Encina Specific Plan (SP 144);• Conditional Use Permit Regulations;• Parking Ordinance;• Carlsbad LCP – Agua Hedionda Segment and Coastal Resource Protection Overlay Zone. RecommendationThat the City Council acting as the SuccessorAgency for the Redevelopment Agency hold aPublic Hearing and Adopt Resolution No. 2012-105 Approving Redevelopment Permit RP 11-35 for the SDG&E North Coast Ops CenterTemporary Mobile Building for a period of fiveyears.