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Home My WebLink About2003-10-15; Planning Commission; ; ZC 03-03|CUP 03-21|HDP 03-04 - NORTH COUNTY ANIMAL SHELTER.. -• The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: October 15, 2003 Item No.@ Application complete date: August 30, 2003 Project Planner: Eric Munoz Project Engineer. Jeremy Riddle · SUBJECT: ZC 03-03/CUP 03-21/HDP 03-04 -NORTH COUNTY A1'11l\.1AL SHELTER -Request for a recommendation of adoption of a Mitigated Negafrve Declaration and Mitigation Monitoring and Reporting Program, recommendation of approval of a Zone Change from Limited Control (LC) to Planned Industrial (P-M), and approval of a Conditional Use Permit and Hillside Development Permit to redevelop and operate a County Animal Shelter on a 4.37-acre County site on property generally located south of Palomar Airport Road, west of El Camino Real, within Local Facilities Management Zone 5. I. RECO:Ml\lENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5490 RECO:Ml\lENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolution No. 5491 RECOl\OIENDING APPROVAL of ZC 03-03, and ADOPT Planning Commission Resolutions No. 5492 and 5493 APPROVING CUP 03-21 and HDP 03-04, respectively, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The County of San Diego has owned and maintained a 2.4-acre animal shelter site at 2481 Palomar Airport Road just west of El Camino Real, as shown on the Location Map (Attachment 5), for over 40 years. There are currently 120 kennels and meeting/administration rooms within the approximately 18,500 square foot facility which provides 31 parking spaces. The proposed improvements are detailed below in the Project Description and Background section of this report, arid can be summarized as modernizing the Shelter facility to accommodate more types of animals and community services. To the east of the site is an unused 1.97-acre County property, which is proposed for inclusion with the Animal Shelter project for a total site area of 4.37 acres. East of the 1.97 acre area is the golf driving range of the Olympic Resort. To the south and west of the site are industrial office buildings and a self-storage facility, respectively, and north of the site is Palomar Airport Road. The site currently has an interim, holding zone designation of Limited Control (L-C) making a Zone Change (ZC) to Planned Industrial (PM) necessary. A Conditional Use Permit (CUP) is required to permit public buildings in the PM zone (the site is not under a CUP since the property was annexed into the city witli the use already in existence). Due to the hillside nature of the site, it requires a Hillside Development Permit (HDP) for a proposed 20 high slope adjacent to Palomar Airport Road with a retaining wall ranging in height from 3-8 feet. 0 ~ --ZC 03-03/CUP 03-21/HDP 03-04-NORTH COUNTY ANilvIAL SHELTER October 15, 2003 Pa e2 The ZC, CUP and HDP comply with all City regulations and policies; staff recommends approval of the North County Animal Shelter as depicted on Exhibits .. A" -••L." III. PROJECT DESCRIPTION AND BACKGROUND The County is proposing a three-phased expansion and redevelopment of the Animal Shelter. The existing 2.4-acre site will merge eastward with 1.97 acres of unused and currently vegetated/disturbed County property. The project will replace the existing 6,000 square foot structure with a 25,548 square foot facility. The existing eastern exit driveway to Palomar Airport Road will be replaced with a new entrance/exit approximately 220 feet to the east. The building pad will remain approximately 20 feet below the centerline elevation of Palomar Airport Road and the site's balanced grading will involve approximately 6,000 cubic yards of cut and fill. There are some patches of native vegetation on site that will be impacted by the project as reviewed and summarized in this project's environmental documents, resulting in the project's mitigated negative declaration. The zoning ordinance does not specify a parking ratio for animal shelters so the project proposes 68 parking spaces based on two other County shelters, one of which also contains administrative and headquarter offices for uses and organizations not associated with the North County Animal Shelter in Carlsbad. The other shelters have 282 and 188 kennel spaces \vith 148 and 66 parking spaces provided, respectively. This generates ratios of 1.9 and 2.8 parking spaces per kennel space. This project proposes 111 kennels with 68 spaces providing for a lower ratio of 1.6 which comparatively provides more parking. In addition, the project will distinguish between staff/fleet parking and public parking as sho\\'Il on the project exhibits. The Shelter is proposing hours of operation of 9:30 am to 5:30 pm Tuesdays through Saturdays and will offer specialized rooms designed for many types of animals such as large, small, cats, exotic animals and corrals; as \Vell as "interactive" rooms and quarantine rooms for sick animals. Grooming, surgery, and project wildlife and multi-disciplinary classroom space will be included in this modernization of the North County Animal Shelter. The project is subject to the following: A. Zoning Ordinance; B. General Plan; C. Conditional Uses (Chapter 21.42 of the Zoning Ordinance); D. Hillside Development Permit (Chapter 21.95 of the Zoning Ordinance); E. Comprehensive Land Use Plan (CLUP) for Palomar Airport; and F. Growth Management. IV. ANALYSIS The staff recommendation for approval was developed by analyzing the proposal's consistency with applicable policies and regulations. Compliance is summarized below. --ZC 03-03/CUP 03-21/HDP 03-04 -NORTH COUNTY Ai.'..11MAL SHELTER October 15, 2003 Paoe 3 A. Zoning Ordinance The site's zoning designation is L-C. which is an interim designation. The L-C zone does not allow for land use entitlements to be issued without a zone change to be consistent with the underlying General Plan designation, which is Planned Industrial (PI) for the subject property. Zone Change 03-03 will designate the site's zoning as P11 and therefore will achieve consistency with the General Plan. The Animal Shelter has operated at this site without any adverse impacts to adjacent uses or properties; per Section 21.42.010 (2) (I), a CUP can be issued in the P!v1 zone to formalize the use and public buildings of the North County Animal Shelter and approve the proposed improvements. B. General Plan The site's Genera] Plan designation is PI which is primarily intended for industrial, office, manufacturing and \varehouse uses, however, the site has been the location of the North County Animal Shelter for over 40 years with no adverse community impacts. The proposed zone change and land use entitlements will achieve consistency v,ith the General Plan and will not adversely impact other General Plan elements, policies or implementation programs. The use is consistent ,vi.th the General Plan given the zone change and CUP approvals. The following Table A identifies General Plan goals and objectives relevant to the proposed project and indicates if the proposed project is in compliance with the goal or objective. TABLE A-GENERAL PLA.i~ COl\lPLIANCE ELEl\lENT USE, PROPOSED USES & COMPLY? CLASSIFICATION, 11\IPROVEMENTS GOAL, OBJECTIVE, ORPROGRAl\l Land Use Site is designated for PI. Animal Shelter use has been in City Yes Policy C.9 allows ancillary for 40+ years; proposed uses by CUP in the modernization will not create Planned Industrial zones of impacts to other allO\ved PI uses in the City. the area. Circulation New development shall Access to site is via new drive\vay Yes dedicate and improve all approach from Palomar Airport public right-of-way for Road that improves safety and meets circulation facilities City standards. needed to serve the development. Open Space& Utilize Best Management The project will conform to all Yes Conservation Practices for control of :NPDES and storm run-off storm water and to protect requirements. water quality. Native vegetation impacts Impacts to coastal sage and mixed mitigated consistent with chaparral mitigated by fee payment HMP. or offsite purchase. (See Environmental Review section of this report) --ZC 03-03/CUP 03-21/HDP 03-04-NORTH COlJ}ffY Ai"\J"ThIAL SHELTER October 15, 2003 Pa e4 TABLE A -GENERAL PLA1~ CO:l\lPLIANCE CONTINUED ELEMENT USE, PROPOSED USES & COMPLY? CLASSIFICATION, L'IPROVEl\lENTS GOAL, OBJECTIVE, OR PROGRAM Public Safety Review new development No new safety service facilities are Yes proposals to consider needed to service the subdivision. emergency access, fire Fire hydrants ,vill be accessible as hydrant locations, and fire well as physical access by safety flow requirements. personnel and their vehicles/equipment. C. Conditional Uses A CUP is required for the proposed improvements and all of the required findings for a CUP can be made. Below is a summary of the required findings as contained in Planning Commission Resolution No. 5492. The requested use is necessary and desirable for the development of the community in that it will modernize a longstanding use within the city. The North County Animal Shelter project will provide a variety of uses and facilities necessary to adequately service the growing needs of the city and area's population. \Vith the proposed zone change, the use is consistent with the General Plan, and will not impact existing or future permitted uses in the area since the site is already accommodating the animal shelter and there is much community support for this County facility and its proposed improvements. The Shelter has performed a necessary function for the City by providing dog and animal care and storage for several years. This site, with the modernization and improvements proposed, will continue to be necessary and desirable for the development and well being of the community. The site is adequate in size and shape to accommodate the proposed use without impacting other existing or future planned improvements to the site. The existing 2.4-acre site will merge with a 1.97-acre portion of adjacent, unused County property for total project site area of 4.37 acres. There will not be any visual impacts since the proposed building pad is approximately 20 feet below Palomar Airport Road as depicted on the project exhibits. All development standards can be met with the proposed project; no variances or deviations from City standards are being requested. All of the yards, setbacks. walls. landscaping and other features necessary to adjust this use to existing and/or future pem1itted uses in the area will be provided and maintained, such as landscaping and maintaining service vehicle and delivery access to the site. The site will be used by the public and wi11 provide 68 parking spaces, of which 13 would be located in a separate area designated for fleet and staff as shown on the project's site plan, Exhibit .. A." The Palomar Airport Road street system will be adequate to handle the traffic generated by this project since the project's total traffic generation is approximately 268 ADT, which is under the threshold of 500 ADT for a congestion management plan to be filed. Palomar Airport Road is a --ZC 03-03/CUP 03-21/HDP 03-04-NORTH COUNTY ANIMAL SHELTER October 15. 2003 Pa e5 prime arterial in the City, and development of the project will not result in a failed level of service at the intersection of Palomar Airport Road and El Camino Real. D. Hillside Development Permit Since the site has a hillside condition, compliance with the Hillside Development Ordinance and issuance of an HDP is required. The subject slope is adjacent to Palomar Airport Road and requires the HDP for the manufactured slope shown on the projects hillside and grading exhibits The slope has a maximum height of 20 feet and the ordinance allows up to 40 feet. The proposed grading quantities for the project are estimated at 6,000 cubic yards of cut and fill. Given a 4.3 7- acre site, the proposed grading of 1,373 cubic yards per acre is within the acceptable range of hillside grading volumes (0 -7,999 cubic acres per acre). The grading will facilitate the modernization of the site by providing safe vehicular access to the site, compliant with City standards, given the approximately 20-foot elevation difference behveen Palomar Airport Road and the building pad. All of the required hillside findings can be made and supported for the HDP. E. Palomar Airport Comprehensive Land Use Plan The proposed project is located within the Palomar Airport Comprehensive Land Use Plan (CLUP). \Vhile the approval of the CLUP occurred in 1994, the existence and operation of this use for the past 40+ years indicates its compatibility with the other uses in the vicinity and Planned Industrial zoning district. The noise contours contained in the CLUP relate to the allowance for various types of land uses. The project site straddles the 65 CNEL ( community noise equivalent level) noise contour line. Nature preserves, livestock farming and neighborhood parks and playground are allowed and considered a compatible use between the 60 and 65 CNEL noise levels. Riding stable, regional parks and outdoor spectator sports are allowed and considered a compatible use between the 65 and 70 CNEL noise levels. Therefore, the continued operation and modernization of this long-standing use within the City at this location is consistent with the Palomar Airport CLUP. Prior to application submittal by the County, compliance with the County-operated Airport and related CLUP was reviewed and confinned. F. Growth :Management The proposed project is located within Local Facilities l\1anagement Zone 5 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table B below. The modernized Animal Shelter will be adequately served by the City's public safety services and range of public facilities summarized below. TABLE B-GROWTH l\lAi"-JAGEMENT COMPLIANCE STANDARDS IMPACTS COMPLIANCE City Administration 0 sq. ft. IO dwelling units NIA Yes Library 0 sq. ft. IO dwelling units Yes Waste Water Treatment 5.13 EDU Yes --ZC 03-03/CUP 03-21/HDP 03-04 -NORTH COUNTY Al'-.TThlAL SHELTER October 15, 2003 Pa e6 TABLE B-GRO\VTH MANAGEMENT COl\lPLIAl~CE. CO:\'TTh'lJED ST Ai"'\"'DARDS L,tPACTS COl\lPLIAl"'\CE Parks 0 sq. ft./ 0 dwelling units Yes Drainage 13.9 cfs Yes Circulation 282ADT Yes Fire Station No.5 Yes Open Space NIA Yes Schools Carlsbad Unified School District Yes Sewer Collection System 5.13 EDU Yes Water 1.128.6 GPD Yes V. ENVIRONMENTAL REVIE\\' The proposed project had been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial stuffy for the project and concluded that a potentially significant environmental impact could result to biological resources onsite. The project is not located in the Coastal Zone nor are the Environmentally Sensitive Habitat Areas (ESHA's) involved. However, the project will impact 0.269 acres of Diegan coastal sage scrub and 0.088 acres of southern mixed chaparral, ,,·hich will be mitigated via a fee payment or offsite purchase consistent with the City's Habitat Management Program. Please see the Environmental Impact Assessment Form -Part II for a detailed description of the mitigation measure and the expanded justification for the recommendation to approve the l'vfitigated Negative Declaration. In consideration of the foregoing, on August 25, 2003 the Planning Director issued a Notice of Intent to Adopt a :Mitigated Negative Declaration in conjunction with this project. A thirty-day public review period commenced and combined California Department of Fish and Game/US Fish and \Vildlife Service comments were received about the timing of grading and construction relative to nesting seasons. The project's conditions of approval reflect these agency timing comments dated September 19, 2003 and are included as Attachment 8 to this report. ATTACHMENTS: 1. Planning Commission Resolution No. 5490 (l'v1itigated Negative Declaration) 2. Planning Commission Resolution No. 5491 (ZC) 3. Planning Commission Resolution No. 5492 (CUP) 4. Planning Commission Resolution No. 5493 (HDP) 5. Location Map 6. Background Data Sheet 7. Disclosure Statement 8. California Dept. of Fish and Game{(JSF\VS combined comment letter dated September 19,2003 9. Reduced Exhibits "A" -··L" dated October 15, 2003 . .. . • - MCCLELLAN-PALOMAR AIRPORT NORTH COUNTY ANIMAL SHELTER ZC 03-03/CUP 03-21/HDP 03-04 --BACKGROUND DATA SHEET CASE NO: ZC 03-07 /LCPA 03-08/CUP 03-15/CDP 03-23 CASE NAl\lE: TWIN D RECYCLED WATER PUMP STATION APPLICANT: CITY OF CARLSBAD REQUEST AND LOCATION: RECYCLED WATER PUMP STATION AND FORMALIZE THREE EXISTING WATER TANKS EAST SIDE OF BLACK RAIL COURT SOUTH OF POINSETTIA LANE. LEGAL DESCRIPTION: Parcels 1, 2 and 3 of Deed Document No. 116507, filed in the Office of the County Recorder of San Diego County, State of California on July 21, 1958. APN: 215-080-05/23 Acres: 4.4 Proposed No. ofLots/Units: =n/~a __________ _ GENERAL PLAN AND ZONING Land Use Designation: =RL=M=------------------------ Density Allowed: -=-0-4_;.....cd=u/"""'a=c ____ _ Existing Zone: Limited Control (L-C) Density Proposed: =n/=a'------------ Proposed Zone: R-1 Single Family Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site L-C RLM Water District Tanks North R-1 RLM Approved Church South L-C RLM Single Family East R-1 RLM Approved Church West Collector Street Collector Street Black Rail Road PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): ~5.'"""'l-=-3-=E=D~U=--------------- ENVIRONl\lENT AL 11\IPACT ASSESSl\lENT ~ Mitigated Negative Declaration, issued -=O~c=to=b-=er'-1~2~0~0~3 __________ _ D Certified Environmental Impact Report, dated. ______________ _ D Other,, ______________________ _ -City • of Carlsbad l=iFf ,i,if ,i·l•J4•1¥111,,i4,il DISCLOSURE STATEl\fEI'.T Applicant's statement or disclosure of certain ownership interests on all applications which v.ill requrre discretionary action on the part of the City Council or any appointed Board, Commission or Cornnunee. The following information MUST be disclosed at the time of application subminal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, 3.SSOClatton. social club. fra~ organization. corporation, estate, trust, receiver. syndicate, in this and any other county. city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit."" Agents may sign this document; however, the legal name and entity of the applicant and propeny owner must be provided below. 1. APPLIC.~,. (Not the applicant's agent) Pro\·ide the COMPLETE, LEGAL I12mes 2nd :iddresses of A.LL pe!"SO!!S ~\"i!!g 2 fina."'lcia! Interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 100/o of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publlclv-o\\:ned corporation, include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person County of San Diego Title Dept. of General Services Address 5555 Overland Avenue San Diego, CA 92123 2. O\\':\'"ER (Not the ov.ner's agent) Corp/Part Fee Ownership Title _______________ _ Address ______________ _ Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ov.nership includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDU • ..\LS OWN MORE TIL~'i 10°·0 OF THE SHA.RES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Same As I Corp/Part Same As 1 Title ____________ _ Title ______________ _ Address ·-------------Address. ______________ _ 1635 Faraday Avenue• Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ 3. NON-PROFIT otll~TION OR TRUST N/A - If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust. hst the names and addresses of AAY person serving as an officer or director of the non-profit • organization or as trustee or beneficiary of the. Non ProfivTrust._________ Non Profit/Trust __________ _ Title --------------Title. _______________ _ Address -------------Address _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~No Ifyes, please indicateperson(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above inf onnation is true and correct to the best of my knowledge. Signat!J,re of Qwner/date Signature of applicant/date County of San Diego Print or type name of owner Print or type name of applicant · tor type name of owner/applicant's agent Department of General Services for County of San Diego H:ADMIN\COUNTER\OISCLOSURE STATEMENT 5198 Page 2 of 2 • • From: To: Date: Subject: Dear Mr. Rideout, - <Kurt_Roblek@r1.fws.gov> <Dride@ci.carlsbad.ca.us> 9/19/03 8:26AM Comments on North County Animal Shelter Draft MND • The California Department of Fish and Game (Department) and the U.S. Fish and Wildlife Service (Service) (collectively, "Wildlife Agencies") have reviewed the above-referenced draft Mitigated Negative Declaration (MND), received by the Wildlife Agencies on August 22, 2003. The Wildlife Agencies have some concerns regarding the potential effects of this project on biological resources and regional conservation planning. The comments provided herein are based on the information provided in the draft MND; the Wildlife Agencies' knowledge of sensitive and declining vegetation communities in San Diego County (County); and our participation in regional ' conservation planning efforts. We offer our recommendations and comments to assist the City in minimizing and mitigating future project impacts to biological resources on the North County Animal Shelter site. The final MND should be adjusted to incorporate mitigation for breeding birds. The breeding season for nesting birds occurs approximately February 15 through August 31, however raptors may begin breeding as early as January. Because several bird species may nest in the habitat on the project site, we recommend that all clearing and grubbing occur outside the bird breeding season. If sensitive nesting birds are observed prior to construction, no activity will occur without noise attenuation (e.g., noise barriers) to ensure that noise levels, within habitat occupied by sensitive birds, do not exceed 60 dBA Leq (or documented ambient levels, if above 60 dBA Leq). Additionally, if construction occurs during the raptor breeding season, a qualified biologist should conduct a pre-construction survey of the project site and surrounding habitat to determine whether there are active raptor nests within that area. If an active nest is observed, we recommend that a buffer be established between the construction activities and the nest so that nesting activities are not interrupted. The buffer should be a minimum width of 500 feet and should be in effect as long as construction is occurring and until the nest is no longer active. If you have any questions concerning the contents of this letter, please contact Nancy Frost (Department) at 858-637-5511 or Kurt Roblek (Service) at 760-431-9440. CC: <nfrost@dfg.ca.gov>