HomeMy WebLinkAbout2017-09-26; City Council; ; Approve a request for the first time extension of CUP 11-07 (CUP 11-07Xl1) to allow the continued operation of a 2,850 square foot temporary mobile building on a 16.37 acCAReview ~
~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Project Name:
Project No.:
September 26, 2017
Mayor and City Council
Kevin Crawford, City Manager
Cliff Jones, Senior Planner
cliff.jones@carlsbadca.gov or 760-602-4613
Approve a request for the first time extension of CUP 11-07 (CUP 11-
07Xl} to allow the continued operation of a 2,850 square foot temporary
mobile building on a 16.37 acre SDG&E-owned site located at 5016
Carlsbad Boulevard.
SDG&E NORTH COAST OPS CENTER
CUP 11-07Xl (DEV11047}
Recommended Action
That the City Council hold a public hearing and adopt a resolution approving the Planning
Commission's recommendation to approve the first five-year time extension of CUP 11-07 (CUP
11-07Xl} to allow the continued operation of a 2,850 square foot temporary mobile building on
a 16.37 acre SDG&E-owned site located at 5016 Carlsbad Boulevard.
Executive Summary
SDG&E is seeking approval to allow the continued operation of a 2,850 square foot temporary
mobile building on a 16.37 acre SDG&E-owned site located at 5016 Carlsbad Boulevard. The
City Council originally approved CUP 11-07 to allow the temporary mobile building on May 8,
2012. Condition Nos. 11 and 12 of Resolution No. 6871 specify that CUP 11-07 was granted for
a period of five years but may be extended upon written application of the permittee (SDG&E)
with the City Council being the final-decision making body on any five-year extension. Annual
reviews have been conducted for CUP 11-07 and the project is in compliance with all conditions
of approval. No formal written complaints regarding CUP 11-07 have been submitted to the
city.
On August 16, 2017, the Planning Commission conducted a public hearing and unanimously
recommended approval (7-0} without any discussion. There were no members from the public
who spoke regarding this proposal.
Discussion
In an effort to ensure that SDG&E continued to work with the city on progress towards a new
location for SDG&E's North Coast Operation Center, the original conditions of approval required
the City Council to be the final decision-making body on any five-year extensions of the CUP .
On January 14, 2014, the City Council approved a settlement agreement between the city,
Carlsbad Municipal Water District (CMWD), Cabrillo Power I LLC and Carlsbad Energy Center LLC
(collectively, NRG), and SDG&E . The purpose of the agreement was to resolve long-standing
September 26, 2017 Item #13 Page 1 of 34
disputes between the City of Carlsbad and NRG regarding the Carlsbad Energy Center Project,
and to provide for the redevelopment of the Encina Power Station site. Since the agreement
was approved, the city and SDG&E have worked diligently to identify an acceptable site within
the city to relocate the North Coast Operation Center. A site has not yet been identified, and
options are still being explored by both parties.
No substantial negative effects on surrounding land uses or the public's health and welfare are
anticipated with the requested five-year time extension and approval of CUP 11-07Xl. Annual
reviews have been conducted for CUP 11-07 and the project is in compliance with all conditions
of approval. No formal written complaints regarding CUP 11-07 have been submitted to the
city.
Fiscal Analysis
There is no anticipated fiscal impact directly associated with approval of the proposed
amendment.
Next Steps
City Council's action on this item is final.
Environmental Evaluation (CEQA)
The City Planner has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of.the State
CEQA Guidelines and will not have any adverse significant impact on the environment.
Public Notification
Information regarding public notifications of this item such as mailings, public hearing notices
posted in the newspaper and on the city website are available in the Office of the· City Clerk.
Exhibits
1. City Council Resolution
2. Planning Commission Resolution No. 7259
3. Planning Commission Staff Report dated August 16, 2017
4. Planning Commission Minutes dated August 16, 2017
September 26, 2017 Item #13 Page 2 of 34
RESOLUTION NO. 2017-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE FIRST TIME EXTENSION OF A CONDITIONAL
USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A 2,850 SQUARE
FOOT TEMPORARY MOBILE BUILDING ON A 16.37 ACRE SDG&E-OWNED
SITE LOCATED AT 5016 CARLSBAD BOULEVARD IN THE AGUA HEDIONDA
SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME:
CASE NO.:
SDG&E NORTH COAST OPS CENTER
CUP 11-07X1 (DEV 11047)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on August 16, 2017, hold a duly
noticed public hearing as prescribed by law to consider the First Time Extension of Conditional Use
Permit CUP 11-07, as referenced in Planning Commission Resolution No. 7259 recommending to the
City Council that it be approved; and
WHEREAS the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said First Time Extension of Conditional Use Permit CUP 11-07; 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 Time
Extension of Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of the First Time
Extension of Conditional Use Permit CUP 11-07, is approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution
No. 7259 on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
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.
September 26, 2017 Item #13 Page 3 of 34
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of September, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
{SEAL)
September 26, 2017 Item #13 Page 4 of 34
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
EXHIBIT 2
PLANNING COMMISSION RESOLUTION NO. 7259
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE FIRST
TIME EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW THE
CONTINUED OPERATION OF A 2,850 SQUARE FOOT TEMPORARY MOBILE
BUILDING ON THE 16.37-ACRE SDG&E SITE LOCATED AT 5016 CARLSBAD
BOULEVARD IN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: SDG&E NORTH COAST OPS CENTER
CASE NO.: CUP 11-07 (DEV11047)
WHEREAS, San Diego Gas & Electric Company, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
A Portion of Rancho Agua Hedionda in the City of Carlsbad, defined as
Parcel 5 in Certificate of Compliance recorded October 30, 2001
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit
Extension as shown on Exhibits "A" -"G" dated August 16, 2017, on file in the Planning Division, SDG&E
NORTH COAST OPS CENTER, as provided by the conditions of approval of CUP 11-07 and Chapter 21.42
and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, on April 4, 2012, the Planning Commission recommended approved CUP 11-
07 as described and conditioned in Planning Commission Resolution No. 6871.
WHEREAS, on May 8, the City Council approved CUP 11-07 as described and contained in
City Council Resolution No. 2012-105; and
WHEREAS, the Planning Commission did, on August 16, 2017, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the CUP Extension.
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.
September 26, 2017 Item #13 Page 5 of 34
1
2
B) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of the first five-year time extension of CUP 11-07X1 -SDG&E
NORTH COAST OPS CENTER based on the following findings and subject to the following
3 conditions:
4 Findings:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1. The adopted findings for CUP 11-07 which are contained in Planning Commission Resolution No.
6871 apply to this extension and are incorporated by this reference.
Conditions:
1.
2.
3.
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 orfurther condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Conditional Use Permit
Extension.
All conditions of approval imposed upon Conditional Use Permit CUP 11-07 as stated in Planning
Commission Resolution No. 6871 shall apply as conditions of approval for CUP 11-07X1 and are
incorporated by this reference, except Condition No. 9 which is replaced by Condition No. 5 below,
and Condition No. 11 is replaced by Condition No. 4 below.
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 Planner determines that:
1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which
such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or
recently has been exercised contrary to any of the terms or conditions of approval or the
conditions of approval have not been met; or 4) the use for which such approval was granted has
ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any
statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare or so
as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold
a public hearing and after providing the permittee the opportunity to be heard, the Planning
Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm
the Conditional Use Permit, modify the conditions or impose new conditions.
4. This Conditional Use Permit Extension is granted for a period of five (5) years from May 8, 2017
through May 7, 2022. This permit may be revoked at any time after a public hearing, if it is found
that the use has a substantial detrimental effect on surrounding land uses and the public's health
and welfare, or the conditions imposed herein have not been met. This permit may be extended
for a reasonable period of time not to exceed five (5) years upon 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 or the public's health and welfare is found,
PC RESO NO. 7259 -2-
September 26, 2017 Item #13 Page 6 of 34
1
2
3
4
5
6
7
8
5.
the extension shall be denied or recommended 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.
Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Conditional Use Permit Extension by Resolution No. 7259
on the property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
9 NOTICE
10 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."
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PC RESO NO. 7259 -3-
September 26, 2017 Item #13 Page 7 of 34
CUP 11-07Xl (DEV11047} -SDG&E NORTH COAST OPS CENTER
August 16, 2017
Pa e 2
C. Encina Specific Plan (SP 144};
D. Conditional Use Permit Regulations (CMC Chapter 21.42};
E. Parking Ordinance (C.M.C. Chapter 21.44};
F. Carlsbad Local Coastal Program: Agua Hedionda Segment and Coastal Resource Protection
Overlay Zone (C.M.C. Chapter 21.203}; and
G. Local Facilities Management Plan Zone 3.
B. The adopted project findings for CUP 11-07, which are contained in Planning Commission Resolution
No. 6871 still apply to this project (CUP 11-07Xl}.
C. The adopted project conditions for CUP 11-07, which are contained in Planning Commission
Resolution No. 6871, still apply to this project (CUP 11-07Xl} with the exception of Condition No. 11
which is amended by Condition No. 4 in Planning Commission Resolution No. 7259, and with the
exception of Condition No. 9 which is amended by Condition No. 5 in Planning Commission Resolution
No. 7259. Condition No. 4 extends CUP 11-07 for five years from May 8, 2017, through May 7, 2022.
Condition No. 5 requires the recordation of a Notice of Restriction for the extension of the CUP.
D. No formal written complaints regarding CUP 11-07 have been submitted to the City.
E. Annual reviews have been conducted for CUP 11-07 and the project is in compliance with all
conditions of approval.
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that this project is exempt from the requirements of the California
Environmental Quality Act (CEQA} per Section 15301, Existing Facilities, of the State CEQA Guidelines and
will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 7259
2. Location Map
3. Planning Commission Resolution No. 6871, dated April 4, 2012
4. City Council Resolution No. 2012-105
5. Reduced Exhibits
6. Exhibits "A" -"G" dated August 16, 2017
September 26, 2017 Item #13 Page 10 of 34
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
ATTACHMENT 3
PLANNING COMMISSION RESOLUTION NO. 6871
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
DEVELOPMENT OF A 2,850 SQUARE FOOT TEMPORARY
MOBILE BUILDING ON THE 16.37 ACRE SDG&E SITE ON
PROPERTY LOCATED AT 5016 CARLSBAD BOULEVARD IN
LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: SDG&E NORTH COAST OPS CENTER
CASE NO.: CUP 11-07
WHEREAS, San Diego Gas & Electric Company, "Developer/Owner," has
filed a verified application with the City of Carlsbad regarding property" described as
A Portion of Rancho Agua Hedionda in the City of Carlsbad,
det"°med as Parcel 5 in Certificate of Compliance recorded
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,
SDG&E NORTH COAST OPS CENTER-CUP 11-07, as provided by Chapter 21.42 and/or
21.50 ofthe 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
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES SDG&E NORTH COAST OPS CENTER-CUP 11-07, based
on the fol19wing findings and subject to the following conditions:
September 26, 2017 Item #13 Page 12 of 34
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
Findings:
1.
2.
3.
4.
5.
6.
That the requested use is necessary or desirable for the development of the community,
and is in harniony with the various elements and objectives of the general plan, including,
if appli~able, the.certified local coastal program, specific plan or master plan, in that the
SDG&E North Coast o·perations 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
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
Specific Plan 144 in that this facility is an accessory use to the primary utility use.
That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the 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 conditionally for a five (5) year period with possible five year
extensions following that time period subject to a recommendation by the Planning
Commission to the City Council.
That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
City Planner, planning commission or city council, in order to integrate the use with other
uses in the neighborhood, in that the SDG&E site is 16.37 acre site that 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.
That the street system serving the proposed use is adequate to properly handle_ all traffic
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
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.
That City Planner has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15303, New Construction. A
notice of Exemption will be filed upon approval of the 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
PC RESO NO. 6871 -2-
September 26, 2017 Item #13 Page 13 of 34
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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1.
2.
3.
4.
5.
If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over . time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Conditional Use Permit.
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
internally consistent and in conformity with the final action on the project. Development_
shall occur substantially as shown on the approved Exhibits. Any proposc;:d development,
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Governinent Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agre~ to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
PC RESO NO. 6871 -3-September 26, 2017 Item #13 Page 14 of 34
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
6.
7.
8.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
This approval is granted subject to the approval of Redevelopment Permit RP-11-35 and
is subject to all conditions contained in Planning Commission Resolution No. 6870 for
that other approval.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
9. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Conditional Use Permit by Resolution No. 6871 on the property. Said
Notice of Restriction shall note the property description, location of the· file containing
~omplete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice-of Restriction. The City Planner has the
authority to execute and record an amendment to the notice which modifies or terminates
said notic~ upon a showing of good cause by the Developer or successor in interest.
I 0. 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
Planner determines that: 1) the Conditional Use Permit was obtained by fraud or
misrepresentation; or 2) the use for which such approval was granted is not being
. exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms. or conditions· of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for orie year or more; or· 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
. being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
11. This Conditional Use Permit is granted for a period of five (5) years from April 4, 2012
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
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
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-September 26, 2017 Item #13 Page 15 of 34
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
12.
or the public's health and welfare is found, the extension shall be denied or recommended
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.
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
diligently pursued, the City Council, after review and recommendation by the
Planning Commission, shall be the final decision-making body on any additional
five-year extension of the . Conditional Use Permit for the SDG&E North Coast
Operations Center temporary mobile building.
Engineering:
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
grading permit whichever occurs first.
General
13.
14.
15.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval. from, the city engineer
for the proposed haul route.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
Utilities
16.
17.
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
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the district engineer.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
PC RESO NO. 6871 -5-September 26, 2017 Item #13 Page 16 of 34
I
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
Code Reminders:
18. D~veloper shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the sfre plan are for
planning purposes only.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions:''
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition. · · ·
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 6871 -6-
September 26, 2017 Item #13 Page 17 of 34
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
ATIACHMENT4
RESOLUTION NO. 2012-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, APPROVING
REDEVELOPMENT PERMIT RP 11-35 TO ALLOW FOR THE
DEVELOPMENT OF A 2,850 SQUARE FOOT SDG&E NORTH
COAST OPERATIONS CENTER TEMPORARY MOBILE
BUILDING ON PROPERTY LOCATED AT 5016 CARLSBAD
BOULEVARD.
CASE NAME: SDG&E NORTH COAST OPS CENTER
CASE NO.: RP 11-35
The City Council of the City of Carlsbad, 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 Carlsbad, acting as the successor
agency to the Redevelopment Agency, on the _8_th_ day of _M_a_y ___ , 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
Carlsbad, California, acting as the successor agency to the Redevelopment Agency, as follows:
1. That the above recitations are true and correct.
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 Carlsbad, California, acting as the successor agency to the Redevelopment Agency.
26 Ill
27 Ill
28 Ill
September 26, 2017 Item #13 Page 19 of 34
Minutes of: PLANNING COMMISSION
Time of Meeting: 6:00 p.m.
Date of Meeting: August 16, 2017
Place of Meeting: COUNCIL CHAMBER
CALL TO ORDER
Chairperson Segall called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Montgomery led the Pledge of Allegiance.
ROLL CALL
Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery, Rodman
and Siekmann
Absent: None
STAFF PRESENT
Don Neu, City Planner Ron Kemp, Assistant City Attorney
Farah Nisan, Administrative Secretary Chris Garcia, Associate Planner
Paul Dan, Associate Planner Scott Donnell, Senior Planner
Cliff Jones, Senior Planner Teri Delcamp, Principal Planner
Jason Geldert, Engineering Manager Gary Barberio, Assistant City Manager
Lisa Westwood, Ecorp Consulting, Inc.
APPROVAL OF MINUTES
Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of June 21, 2017.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner
Siekmann to approve the minutes of the Regular Meeting of June 21, 2017.
VOTE: 5-0-2
AYES: Chairperson Segall, Commissioner Black, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: Commissioner Anderson and Commissioner Goyarts
Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of July 19, 2017.
EXHIBIT 4
September 26, 2017 Item #13 Page 28 of 34
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Black to approve the minutes of the Regular Meeting of July 19, 2017.
VOTE: 5-0-2
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts and Commissioner Montgomery
NOES: None
ABSENT: None
ABSTAIN: Commissioner Rodman and Commissioner Siekmann
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
Greg Corso, 4925 Park Dive, shared his concerns with traffic, noise and high density development of the
proposed Marja Acres project on his Park Drive neighborhood. PLANNING COMMISSION PUBLIC HEARING
Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 2.
2. CDP 2017-0023 (DEV2017-0075) – SHERIDAN PLACE SINGLE FAMILY RESIDENCE
– Request for approval of a Coastal Development Permit to allow construction of a two-story 2,852 square foot single family residence and 441 square foot garage within the
Mello II Segment of the City’s Coastal Program located on the west side of Sheridan Place within Local Facilities Management Zone 1. The project site is not within the appealable
area of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do
not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section
15303(a) construction of a single-family residence of the State CEQA Guidelines.
Mr. Neu stated staff is recommending that Agenda Item 2 be continued to a date certain of September 6, 2017 subject to re-noticing.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman
that the Planning Commission continue Agenda Item 2 to a date certain of September 6, 2017 subject to re-noticing.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Segall closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1.
September 26, 2017 Item #13 Page 29 of 34
1. CDP 2017-0029 (PUB17Y-0019) – PARK & TAMARACK DRAINAGE IMPROVEMENTS – Request for approval of a Coastal Development Permit to construct approximately 3,068
linear feet of reinforced concrete storm water pipe, 11 storm drain inlets and fixtures within the Mello II segment of the City’s Coastal Zone located within the public rights-of-way on
Tamarack Avenue, Park Drive and Monroe Street within Local Facilities Management Zone 1. The project is appealable to the California Coastal Commission per Section
30603(a)(5) of the Public Resources Code of the California Coastal Act, which states any development which constitutes a major public works project costing $100,000 or more is
appealable to the Commission. On August 5, 2008, the City Council adopted Resolution No. 2008-229 certifying an Environmental Impact Report (EIR) for the Drainage Master
Plan Update (EIR 04-02). This project is a sub-component (BCA) of the Drainage Master Plan and was analyzed in the EIR (Table 4.1.2). The analysis stated impacts in the
Coastal Zone during construction activities would be short term and minimized with implementation of the applicable project design features/methods and construction
measures identified in Table 3-6 of the project EIR. The project has been conditioned to implement these mitigation measures and the project is within the scope of the prior
environmental document and no further environmental documentation is required per CEQA Guidelines Section 15162.
Commissioner Anderson stated that she would like to recuse herself from Agenda Item 1.
Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project
appears to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote
as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 1.
Chairperson Segall asked if any member of the audience wished to address Agenda Item 1. Seeing none,
he opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution
No. 7258 approving Coastal Development Permit CDP 2017-0029 based upon the findings and subject to the conditions contained therein.
VOTE: 7-0-1
AYES: Chairperson Segall, Commissioner Black, Commissioner Goyarts, Commissioner
Montgomery, Commissioner Rodman and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: Commissioner Anderson
Chairperson Segall closed public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and
opened the public hearing on Agenda Item 3. 3. CUP 11-07X1 (DEV11047) – SDG&E NORTH COAST OPS CENTER – Request for the first time extension of CUP 11-07 (CUP 11-07X1) to allow the continued operation of a
2,850 square foot temporary mobile building on the 16.37-acre SDG&E site located at 5016 Carlsbad Boulevard in the Agua Hedionda Segment of the Local Coastal Program
and in Local Facilities Management Zone 3.
Mr. Neu stated Agenda Item 3 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and staff recommends approval. He
recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from
the public wished to comment on Agenda Item 3. September 26, 2017 Item #13 Page 30 of 34
Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none, he opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman
that the Planning Commission adopt Planning Commission Resolution No. 7259
recommending approval of the first five-year time extension of CUP 11-07 (CUP 11-07X1) based upon the findings and subject to the conditions contained therein.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Segall closed the public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item
and opened the public hearing on Agenda Item 4.
4. AMEND 2017-0003/CUP 2017-0002 (DEV01024) – LA COSTA TOWN SQUARE BUILDING 5 THEATER – Request for approval of a Site Development Plan Amendment
and Conditional Use Permit to allow a movie theater with bar/cocktail lounge and a 6.7 percent parking reduction in place of a previously approved retail drug store on Building
Pad 5 of the La Costa Town Square shopping center located at 3434 Via Mercato near the intersection of La Costa Avenue and Rancho Santa Fe Road within Neighborhood
13A of the La Costa Master Plan and Local Facilities Management Zone 11. The City Planner has determined that the potential environmental effects of the project were
adequately analyzed by the previously certified Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) for the construction of La Costa
Town Square (EIR 01-02).
Mr. Neu introduced Agenda Item 4 and stated Associate Planner Paul Dan would make the staff presentation.
Commissioner Anderson disclosed that she has been to the site.
Commissioner Black disclosed that he has seen the site many times.
Commissioner Goyarts disclosed that he has been to the site many times and has viewed it on Google
Earth.
Commissioner Siekmann disclosed that she has been to the site.
Commissioner Rodman disclosed that she has also been to the site.
Commissioner Montgomery disclosed that he has been to the site several times.
Chairperson Segall disclosed that he has been to the site.
Mr. Dan gave a presentation and stated he would be available to answer any questions.
Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant wished to make a presentation.
Tom Fitzpatrick, TRC Retail, Suite 700, 4695 MacArthur Court, Newport Beach, stated he would be
available to answer question. September 26, 2017 Item #13 Page 31 of 34
Commissioner Montgomery asked how LED lighting on the pedestrian sidewalk is actuated. Mr. Fitzpatrick replied stating that the intent is to have it pedestrian activated by pressing a button.
Commissioner Black asked if the theater style would be the same as Cinepolis Movie Theaters. Mr.
Fitzpatrick stated that a higher level of service is anticipated that would be fitting for the La Costa Town Square.
Commissioner Montgomery asked if there is any thought to expand the La Costa Town Square center and
increasing any future pads within the parking areas. Mr. Fitzpatrick replied stating that the intent is to complete the shopping center and focus on a better merchandizing mix.
Commissioner Anderson asked how many seats a luxury theater would potentially have. Mr. Fitzpatrick
replied 850 seats with a goal to create the framework to be successful. Commissioner Anderson asked if fewer seats would change the parking requirement. Mr. Dan stated no. Mr. Neu clarified that the parking
requirement is based on the number of seats. Therefore, the parking requirement will be less if fewer seats are provided.
Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if
any person in the audience wished to speak on the item. Seeing none, Chairperson Segall closed public testimony.
DISCUSSION
Commissioner Montgomery applauds the proposal and believes that it is much needed for the La Costa
Town Square center. He sees nothing but a positive trajectory and commented that he can support the project.
Commissioner Anderson stated that it is a nice center, appreciates the curb appeal and the supporting
letters received from the neighbors regarding a movie theater application.
Commissioner Goyarts stated that a movie theater is a great addition to the community and he can support the project. He added that the traffic flow from Rancho Santa Fe Road and Via Mercato could be improved.
Chairperson Segall stated that he would like to see a better use for the facility and agrees that a theater is
appropriate for the location as it keeps revenue in Carlsbad.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution
No. 7261 approving Site Development Plan Amendment AMEND 2017-0003 and Conditional Use Permit CUP 2017-0002 based on the findings and subject to the
conditions contained therein as amended.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Segall closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item
and opened the public hearing on Agenda Item 5.
September 26, 2017 Item #13 Page 32 of 34
5. SS 16-06 – DRAFT CARLSBAD TRIBAL, CULTURAL AND PALEONTOLOGICAL RESOURCES GUIDELINES – Presentation and discussion of the draft Carlsbad Tribal,
Cultural, and Paleontological Resources Guidelines. The draft Guidelines document is a comprehensive update to the 1990 Carlsbad Cultural Resource Guidelines, which was
prompted by the City Council’s adoption of Council Policy No. 83, Tribal Cultural Resource Protection. A presentation on the draft Carlsbad Tribal, Cultural, and Paleontological
Resources Guidelines has been determined to be exempt from environmental review per CEQA Guidelines Section 15262 – Planning Study.
Mr. Neu introduced Agenda Item 5 and stated Principal Planner Teri Delcamp assisted by Lisa Westwood,
Ecorp Consulting, Inc. would make the staff presentation.
Ms. Delcamp and Ms. Westwood gave a presentation and stated they would be available to answer any questions.
Chairperson Segall asked if there were any questions of staff. Commissioner Siekmann asked for the difference between a CEQA project and a project that requires
monitoring but is not a CEQA project. Ms. Delcamp replied a standard condition of approval that would require the monitoring would be applied depending on the situation.
Commissioner Montgomery asked if the majority body of the resources guidelines is about tribal resources.
Ms. Westwood replied yes, there is a greater emphasis on tribal cultural resources than the original guidelines. Commissioner Montgomery asked who identifies that the resource is a Luiseño Indian or
directly under the San Luis Rey Band of Mission Indians. Ms. Westwood stated that state law reads only the California Native American tribes that are culturally affiliated with the area are qualified to make that
determination. Commissioner Montgomery asked how a Luiseño Indian monitoring a cultural site is ensured to be a Luiseño Indian and what are their qualifications to know if the site is significant. Ms.
Westwood replied stating that it is up to the tribe to determine a representative.
Commissioner Black asked what types of paleontology regulations ensure that a project is not delayed when a site is identified. Ms. Westwood commented that the mitigation for that process is collection and
curation of the fossils. She stated that paleontology is not related to humans or human occupation, therefore work stoppage is not required.
Commissioner Rodman asked how training is going to take place for staff. Ms. Delcamp replied Ms.
Westwood has provided training on the AB 52 procedures and will also outline working through the guidelines to train staff on finds in the field.
Commissioner Montgomery asked if the Commission will see a significant increase and standard
Environmental Impact Reports (EIRs) for projects due to triggers. Ms. Westwood confirmed when CEQA was amended by the passage of AB 52, it said that a significant impact on a tribal cultural resource
constitutes the significant effect on the environment. Commissioner Montgomery asked if the local tribe is well versed in the resources and the impacts. Ms. Westwood replied yes, they are professionals.
Chairperson Segall asked how certain areas in Carlsbad are determined to be more significant than others.
Ms. Westwood clarified not all maps city staff have access to are shown in the guidelines document and archeological sensitivity maps are not provided in a public document. Chairperson Segall asked what kinds
of significant findings have been found in Carlsbad. Ms. Westwood replied human remains have been unearthed during project construction that were determined to be Native American. Other findings that
come up regularly are old foundations, old roads and other older features, artifact scatters, the remains of chipped stones, metal and glass. Chairperson Segall inquired about burial ground timing. Ms. Westwood
replied stating that they cannot go back as far as humans have been walking in the area. She added that knowledge about humans being in the area is about 10,000 years ago. Chairperson Segall asked if there
are mitigation measures to relocate a project when a burial ground is found. Ms. Westwood stated when human remains are found, a county medical examiner or a coroner will have to determine whether or not it
is the result of a crime scene or if it represents a Native American. If it represents a Native American, a medical examiner or a coroner would have to call the Native American Heritage Commission and they will
have to identify a most likely descendant. Ms. Westwood added that the most likely descendant will have 48 hours to make recommendations to the land owner about what to do with the remains. She concluded
September 26, 2017 Item #13 Page 33 of 34
Planning Commission Minutes August 16, 2017 Page 7
stating if a decision cannot be made or if the recommendations are not palatable after 48 hours, the land
owner has the ability to move forward and rebury the remains in an area that is not subject to future
disturbance and record a reinternment record with the San Diego County Assessor's office.
Commissioner Goyarts asked if the best practice for ground scanning is for technology to try to find remains
before ground is disturbed. Ms. Westwood replied that there are a number of types technology that can be
used with different results such as ground penetrating radar and LIDAR, which is a laser in a low flying
aircraft measuring distance.
Chairperson Segall asked if any person in the audience wished to speak on the item. Seeing none,
Chairperson Segall opened and closed public testimony on Agenda Item 5.
DISCUSSION
Commissioner Anderson commented that the legend on the historical sensitivity model is not legible and
asked if it will be different in the final report. Ms. Westwood replied stating that it is intentional for the
purposes of the resources guidelines document and city staff will be provided large format plotted maps.
Commissioner Anderson added that the historical part of the resources guidelines document was interesting
and hopes to see it available to school students and local libraries. Commissioner Anderson asked if the
San Luis Rey Mission Band of Indians is all six of the Soboba Band of Luiserio Indians tribes. Ms.
Westwood replied no, the Soboba Band of Luiserio Indians tribes is a larger cultural area and individual
tribes such as the San Luis Rey Band of Mission Indians are within the Luiserio tribe.
Chairperson Segall suggests a family tree or an org chart to help familiarize with the tribes.
Commissioner Siekmarin stated that she appreciates the cultural resources guidelines report.
Commissioner Rodman commends staff for the thoughtful process.
Chairperson Segall closed the public hearing on Agenda Item 5.
COMMISSION COMMENTS
None.
CITY PLANNER COMMENTS
None.
CITY ATTORNEY COMMENTS
Mr. Kemp informed the Planning Commission that a Notice of Intent to Sue on the Pacific Wind project from
the Carlsbad Alliance for Responsible Development has been received.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of August 16, 2017 was adjourned at
[~
DON NEU
City Planner
Farah Nisan
Minutes Clerk
September 26, 2017 Item #13 Page 34 of 34
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: __ ____,_q__,-/}~(c'-----'-/__,(].___ _______ _
suBJEcT: 51)G--tG-Noc±b C.O{ts+-{}fE? CenkJl
LOCATION: ------------------------
DATE NOTICES MAILED TO PROPERTY OWNERS: q /Jf?/ }]=
NUMBER MAILED: ){)d-.J
-------
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
»tltill) ~ C/-r;-d<) I 7-
(Signature) (Date)
SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune
~Coast News
PUBLICATION DATE: Union Tribune ---------------
Coast News ___ q_. LLJi-------llJ...-?=--l-0
-----
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and
correct.
Date: ------------(Signature)
Attachments: 1) Mailing Labels
2) Notice w/ attachments
~ ~ NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council
of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, September 26, 2017 to consider approving
a request for the first time extension of CUP 11-07 (CUP 11-07X1) to allow the continued
operation of a 2,850 square foot temporary mobile building on the 16.37-acre SDG&E site located
at 5016 Carlsbad Boulevard in the Agua Hedionda Segment of the Local Coastal Program and in
Local Facilities Management Zone 3 and more particularly described as:
A Portion of Rancho Agua Hedionda in the City of Carlsbad,
defined as Parcel 5 in Certificate of Compliance recorded
October 30, 2001
Whereas, on August 16, 2017 the City of Carlsbad Planning Commission voted 7-0 to recommend
approval for the first time extension of CUP 11-07 (CUP 11-07X 1) to allow the continued operation
of a 2,850 square foot temporary mobile building on the 16.37-acre SDG&E site located at 5016
Carlsbad Boulevard in the Agua Hedionda Segment of the Local Coastal Program and in Local
Facilities Management Zone 3.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.
Copies of the staff report will be available on and after Friday, September 22, 2017. If you have
any questions, please contact Cliff Jones in the Planning Division at (760) 602-4613 or
cliff. jones@carlsbadca.gov.
If you challenge the Conditional Use Permit extension 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's Office, 1200 Carlsbad Village
Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: CUP 11-07X1 (DEV11047)
CASE NAME: SDG&E NORTH COAST OPS CENTER
PUBLISH: September 15, 2017.
CITY OF CARLSBAD
CITY COUNCIL
5160®
NORTH SAN DIEGO COUNTY T
~PMENTBOARil
WEST REAL ESTATE LL C
5796 ARMADA DR #300
CARLSBAD CA 92008
SO ARMANDO P 2006 TRUST
5026 TIERRA DEL ORO
CARLSBAD CA 92008
HUARTE DAVID J QUALIFIED P
ERSONAL RESIDENCE TRUST
5036 TIERRA DEL ORO
CARLSBAD CA 92008
MF T 2012 TRUST 12-13-12
5035 TIERRA DEL ORO
CARLSBAD CA 92008
EATON HOMER L & NINA B
FAMILY TRUST 08-03-95
5025 TIERRA DEL ORO
CARLSBAD CA 92008
MOSS LNING TRUST 08-28-90
25408 COLETTE WAY
CALABASAS CA 913 02
:1
SMITH MARITAL TRUST 02-05-97.
(SMITH VARRO U FAMILY
5005 TIERRA DEL ORO
CARLSBAD CA 92008
DEJONG ARIE HF AMIL Y TRUST
06-25-87
20000 N RALSTON RD
MARICOPA AZ 85139
WHITSON KENT A & DANA H
FAMILY TRUST 05-19-00
18 PEARL ST
SAUSALITO CA 94965
Pat: avery.com/patents
Ec.sy Peel® Address Labels
Bend along line '"-o e} pose Pop~up Edge
SAN DIEGO GAS & El,,EGTRIC CO ~~ i
COSTANTINO FAMILY TRUST
03-16-11
5009 TIERRA DEL ORO
CARLSBAD CA 92008
FLETCHER SURVIVORS 2002
TRUST 04-05-02
5030 TIERRA DEL ORO
CARLSBAD CA 92008
HA C CARLSBAD RESIDENCE
TRUST 05-13-14
7040 A VENIDA ENCINAS #104-369
CARLSBAD CA 92011
TIERRA DEL ORO 5031 TRUST
1590 S COAST HWY #16
LAGUNA BEACH CA 92651
CLEJ\1ENTSREVOCABLEREAL
ESTATE TRUST 05-23-85
3500 E LINCOLN DR #18
PHOENIX AZ 85018
ON HOMER L & NINA B
~-~L~ TRUST 08-03-95
5025 TIE EL ORO
CARLSBAD CA 9 ~
BREZA TRUST 11-20-90
111 TWIN PEAKS DR
WALNUT CREEK CA 94595
\
KYES MARGRET TRUST 08-12-93
6621 VIREO CT
CARLSBAD CA 92011
KEBOWFAMILY TRUST 12-26-75
5061 SHORE DR
CARLSBAD CA 92008
Etiquettes d'adresse Easy Peei® :[ :
Repiiez a ia hachure afin cie reveler ie rebord Pop-up"' 1, '
Go to avery.com/temp!ates 1 C.vp 11 =OJ){\ UseAveryTemplate5160 :!
CAB~C
FRASSANITO REVOCABLE
TRUST 01-10-02
1412 STAGECOACH RD SE
ALBUQUERQUE NM 87123
SIDLE MAERKLE SEP ARA TE
PROPERTY TRUST 09-06-16
133 CABRILLO ST
CAPITOLA CA 95010
TIERRA DEL ORO LL C
P O BOX 906 <.i_' ,.
RCHO SANTA Ff.CA 92067
·,:.:G"<i
BAGNALL MICHAEL L & EMILY
TFAMILYSURVIVORSTRUST
1990 DEERGRASS WAY
CARLSBAD CA 92009
HALL FAMILY TRUST 07-21-03
5019 TIERRA DEL ORO
CARLSBAD CA 92008
STANTINO FAMILY TRUST
03-
5009 TIE ORO
CARLSBAD CA 92CHJ8---
CAMPBELL DOROTHY B REVOC
ABLE 2001 TRUST 04-18-01
2454 ALTON PKWY
IRVINE CA 92606
MCSLMLLC
5035 TIERRA DEL ORO
CARLSBAD CA 92008
PRITCHARD FAMILY TRUST
07-08-11
5098 SHORE DR
CARLSBAD CA 92008
I Allez a avery.ca/gabarits ::
UtiiisezleGabarirf.-1v21y5i60 1:
WILLIAMS 1995 TRUST 07-21-95
5118 SHORE DR
CARLSBAD CA 92008
J SQUARED DEVELOPMENT LL C
5135 A VENIDA ENCINAS #B
CARLSBAD CA 92008
KELLEY FAMILY TRUST 10-13-06
190 BALI ST
MORRO BAY CA 93442
FREDERICK A LAFONTAINE
5140 CARLSBAD BL VD
CARLSBAD CA 92008
ROBERT D COURY
5167 LOS ROBLES DR
CARLSBAD CA 92008
BROWJ\TELL JAN M TRUST
01-19-06
5119 LOS ROBLES DR
CARLSBAD CA 92008
DAVID AYOUB
5065 LOS ROBLES DR
CARLSBAD CA 92008
ANNETT CECIL T REVOCABLE
TRUST 11-26-13
2800 NW BEUHLA VISTA TER
PORTLAND OR 97210
ROBERT A ZISS
5100 LOS ROBLES DR
CARLSBAD CA 92008
I
SOW ARDS FAMILY EXEMPTION • I
TRUST 07-08-93
4535 SOUTH LN
DEL MAR CA 92014
,,dn-dod pioq;yf~aM®elB~!lda~ : .
@laea<A~SS~S~ I
KINSEY-ROTHSCHILD LIVING
TRUST 07-10-13
18814 LOS ALIMOS ST
NORTHRIDGE CA 91326
MARIA T CANNON
158 N MELROSE DR
VISTA CA 92083
JAGDISH & SHARMA BANITA
MISHRA
17 TAWNEY PT
ROCHESTER NY 14626
MCNULTYPATRICKD SEPARAT
E PROPERTY TRUST 04-21-10
5156 CARLSBAD BLVD
CARLSBAD CA 92008
JAMES & SUSAN PRINCE
712 S THIRD A VE
ARCADIA CA 91006
LAUGHLIN NY MCKINNON
5103 LOS ROBLES DR
CARLSBAD CA 92008
GILBERT/HOULIHAN TRUST
06-25-92
3942 FOOTHILL AVE
CARLSBAD CA 92010
RONALD GUTIER
15 ST ANN DR
SANTA BARBARA CA 93109
EASLAND FAMILY TRUST
11-15-02
5120 LOS ROBLES DR
CARLSBAD CA 92008
BRIAN & PATRICIA GOLDOJARB
5178 LOS ROBLES DR
CARLSBAD CA 92008
I 5t~~~~~!® ::
: RepliezS18qR1JtSialPP~1'Sli9 Pop-up"' i,
Go to ave,ycorn Item~ !ates 1
S,UateO /UJOY aAe ::i_e.,i I Use Aver/Temp ate :o l 6lJ 1
PANKEY VICTOR S LIVING
TRUST 10-19-06
5115 CARLSBAD BLVD
CARLSBAD CA 92008
ALMERIA INVESTMENTS LP
P O BOX 232628
ENCINITAS CA 92023
JULLIA Y CHRISTIAN MR
EVOCABLE LIVING TRUST
5400 LOS ROBLES DR
CARLSBAD CA 92008
KEN & SANDY BAPTIE
PO BOX 1221
WOODINVILLE WA 98072
NOLAN FAMILY TRUST 07-04-15
5135 LOS ROBLES DR
CARLSBAD CA 92008
DA VIS FAMILY TRUST 08-30-06
5079 LOS ROBLES DR
CARLSBAD CA 92008
HECTOR & MAYRA G
DELCASTILLO
101 CANNON RD
CARLSBAD CA 92008
HAIR FAMILY TRUST 03-09-10
4821 WINDJAMMER WAY
CARLSBAD CA 92008
GEORGE M SOOHOO
2506 LIGHTHOUSE LN
CORONA DL MAR CA 92625
ROBERT A&SUSANEWARNER
1420 SLEEPING INDIAN RD
OCEANSIDE CA 92057
Q~\;'Z a avery.iizl'~;:
® Utilisez le Gat:A~~ 1 !
MARGIE DOERNER
5183 LOS ROBLES DR
CARLSBAD CA 92008
CANNON ROAD LL C
591 CAMINO DE LA REINA #1100
SAN DIEGO CA 92108
SCHAFFER BRENT G FAMILY
TRUST 06-14-13
1265 WBULL RAKE DR
JACKSON WY 83001
PAUL A & LAURA J WLLER
5133 EL ARBOL DR
CARLSBAD CA 92008
JOHN J & COLLEEN M GIBONEY
5183 EL ARBOL DR
CARLSBAD CA 92008
FRANK G & NANCY C PISACANE
5120 EL ARBOL DR
CARLSBAD CA 92008
ERIK J & LISA M NAGEL
5180 EL ARBOL DR
CARLSBAD CA 92008
SHARP LIETTE C TRUST 03-24-89
838 OAKWOOD AVE
GLENDORA CA 91741
~dn-dod ~ ~~Al!t~ll~ig~za!1da~
@la&dcMIS3 assaip~p ~Dmj~,
GREGORY D & JAN BERRY
5198 LOS ROBLES DR
CARLSBAD CA 92008
CARLSBAD 10 HOSPITALITY LLC
<LF> CANNON ROAD LLC
3001 E ANDY DEVINE A VE
KINGMAN AZ 86401
MALONEY MICHAEL P & MURPH
Y SANDRA A REVOCABLE
438 BARBARA A VE
SOLANA BEACH CA 92075
RONALD E & MARYL LITTLE
5149 EL ARBOL DR
CARLSBAD CA 92008
STOTLER F AMlL Y TRUST 06-03-99
5090 EL ARBOL DR
CARLSBAD CA 92008
GEORGE & MARGARETE
GEORGITSIS
5140 EL ARBOL DR
CARLSBAD CA 92008
DEAN FAWLY BYPASS TRUST
06-06-00
5190 EL ARBOL DR
CARLSBAD CA 92008
W ARBRICK D M FAMILY TRUST
01-04-95
3030 AIRWAY AVE
COST A MESA CA 92626
I Et~~lla~~e:'llfB~~~ ::
:Repliez a &jliq!Q~~~id!MH:ip-up® i:
Go to avery.~bll'~);\:;,l;-g,\l~~~di
Use Avery f;,;;plate 5160
CITY OF CARL~, eo· .
.
NANCY E BRZEZNIAK
5081 EL ARBOL DR
CARLSBAD CA 92008
ROBERT D & VOZZA-BROWN
LAURA A BROWN
5117 EL ARBOL DR
CARLSBAD CA 92008
KEANY FAMILY TRUST 10-30-92
5167 EL ARBOL DR
CARLSBAD CA 92008
BRETT A & DIANE L TODD
948 E CHELSEA DR
FRESNO CA 93 720
RUTH L & WOODWARD F
ORREST W RICHARDSON
5160 EL ARBOL DR
CARLSBAD CA 92008
LOCKHART THOMAS R & BOBB
IE FAMILY TRUST 06-02-16
5200 EL ARBOL DR
CARLSBAD CA 92008
REY RIVER FARMS INC
PO BOX 189
SAN LUIS REY CA 92068
,-Ml, ~-I u::,f;'Sa avery.cill1.,1
@ Utilisez le Gabarit very
5160®
CARLSBAD UNIFIED SCHOOL DISTRICT
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
STATE OF CALIFORNIA
DEPT OF FISH AND WILDLIFE
3883 RUFFIN RD
SAN DIEGO CA 92123
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
U.S. FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92011
CARLSBAD CHAMBER OF COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
Pat: avery.com/patents
Easy Peel® Address Labels
Bend along line to expose Pop-up Edge®
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
LEUCADIA WASTE WATER DISTRICT
TIM JOCHEN
1960 LA COSTA AV
CARLSBAD CA 92009
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
REGIONAL WATER QUALITY CONTROL
BOARD
STE 100
2375 NORTHSIDE DR
SAN DIEGO CA 92108-2700
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
CA COASTAL COMMISSION
ATTN KANAN! BROWN
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
MICHAEL MCSWEENEY -BIA SD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
Etiquettes d'adresse Easy Peel®
Repliez a la hachure afin de reveler le rebord Pop-up®
Go to avery.com/templates :
UseAveryTemplate5160 1
ENCINITAS SCHOOL DISTRICT
lOlRANCHOSANTAFERD
ENCINITAS CA 92024
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND URBAN
STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
SD COUNTY PLANNING
STE 110
5510 OVERLAND AV
SAN DIEGO CA 92123-1239
SANDAG
STE 800
401 B ST
SAN DIEGO CA 92101
AIRPORT LAND USE COMMISSION
SAN DIEGO CO. AIRPORT AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008
Allez a avery.ca/gabarits 1
UtilisezleGabaritAvery5160:
SDG&E NORTH COAST OPS CENTER
Cliff Jones, Senior Planner
September 26, 2017
CUP 11-07X1
Location Map
Project Summary
•Five-year extension of CUP 11-07 to allow
continued operation of a 2,850 square foot
temporary mobile building.
–CUP originally approved by City Council on May 8,2012.
–No documented concerns or complaints related to CUP.
–Planning Commission unanimously recommended
approval of CUP extension on August 16,2017.
Project Consistency
•General Plan;
•Zoning;
•Encina Specific Plan;
•Conditional Use Permit Regulations;
•Parking Ordinance;
•Carlsbad Local Coastal Program;
•Growth Management; and
•California Environmental Quality Act (CEQA)
Recommendation
That the City Council ADOPT the resolution
APPROVING the first five-year time extension of
CUP 11-07 (CUP 11-07X1)based upon the findings
and subject to the conditions contained therein.