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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. 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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.