HomeMy WebLinkAbout2020-06-03; Planning Commission; Resolution 7371PLANNING COMMISSION RESOLUTION NO. 7371
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO SPECIFIC PLAN 23(H) TO REMOVE THE 6,000-SQUARE-
FOOT LIMIT FOR MEDICAL OFFICE USE FOR THE PURPOSE OF ALLOWING
WITH THE APPROVAL OF A MINOR SITE DEVELOPMENT PLAN AND
COASTAL DEVELOPMENT PERMIT THE CONSTRUCTION OF A 35,360-
SQUARE-FOOT, SINGLE-LEVEL PARKING STRUCTURE LOCATED OVER AN
EXISTING PARKING LOT SERVING AN EXISTING OFFICE LOCATED AT 6183-
6185 PASEO DEL NORTE WITHIN THE MELLO II SEGMENT OF THE CITY'S
LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
3.
CASE NAME:
CASE NO.:
CARLSBAD CORPORATE PLAZA PARKING STRUCTURE
AMEND 2019-0002
WHEREAS, Scott Leggett, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Nextmed Ill, "Owner," described as
PARCEL 3 OF PARCEL MAP NO. 3415, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1975 AS
FILE NO. 75-014212 OF OFFICIAL RECORDS
("the Property"); and
WHEREAS, said verified application constitutes a request for a Specific Plan Amendment,
on file in the Carlsbad Planning Division, AMEND 2019-0002 -CARLSBAD CORPORATE PLAZA PARKING
STRUCTURE as provided by Government Code Section 65453; and
WHEREAS, the proposed Specific Plan Amendment AMEND 2019-0002 -CARLSBAD
CORPORATE PLAZA PARKING is set forth and attached in the draft City Council Ordinance, Exhibit "X"
dated, June 3, 2020, and attached hereto; and
WHEREAS, the Planning Commission did, on June 3, 2020, 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 Specific Plan Amendment; and
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 Planning Commission
RECOMMENDS APPROVAL of AMEND 2019-0002 -Carlsbad Corporate Plaza Parking
Structure based on the following findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, Specific Plan SP 23(H) based on the facts set forth in the
staff report dated June 3, 2020 including, but not limited to the following: Land Use and
Community Design, Mobility, Public Safety, Economy, Business Diversity, and Tourism, and
Sustainability elements of the General Plan as well as provisions in Specific Plan SP 23(H).
2. The proposed plan would not be detrimental to the public interest, health, safety, convenience,
or welfare of the city in that the proposed increase in medical office us~ and the construction of
the parking structure are compatible with the surrounding residential and commercial uses and
the project will meet all required building safety and fire codes.
3. All necessary public facilities can be provided concurrent with need, and adequate provisions have
been provided to implement those portions of the capital improvement program applicable to
the subject property in that the proposed change of use and construction of a parking structure
are proposed on an existing developed site within Local Facilities Management Plan Zone 3 and
will not result in increased public facilities demands; therefore, the proposal will not exceed
performance standards for public facilities.
4. The proposed commercial and industrial uses will be appropriate in area, location, and overall
design to the purpose intended in that the removal of the limit on medical office uses is
appropriate for the uses set forth by the Specific Plan. The design and development standards
are such as to create an environment of sustained desirability and stability in that the proposed
parking structure complies with the design guidelines and development standards set forth by
the Specific Plan. Such development will meet performance standards established by this title in
that the addition of parking will be in compliance with the minimum parking requirements for
medical office uses.
5. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic
thereon in that the proposed change of use to medical office does not significantly increase
traffic circulation as the project generates a net gain of 2,219 average daily trips (ADTs).
6. Any proposed commercial development can be justified economically at the location proposed
and will provide adequate commercial facilities of the types needed at such location proposed in
that the change of use accommodates in-demand medical office uses as well as the
corresponding increased parking demand. The proposed project also provides economic growth
and employment opportunities for multiple large-and small-scale health care businesses.
PC RESO NO. 7371 -2-
7. The area surrounding the development is or can be planned and zoned in coordination and
substantial compatibility with the development in that the existing surrounding residential and
commercial development is part of the Specific Plan and no additional changes are proposed.
8. The proposed plan will contribute to the balance of land use so that local residents may work and
shop in the community in which they live in that the change of use provides economic growth
and employment opportunities for multiple large-and small-scale health care businesses.
9. 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; therefore,
the project is categorically exempt from the requirement for the preparation of an environmental
document pursuant to Section 15061{8){3) {General Rule) of the California Environmental Quality
Act {CEQA) Guidelines and City of Carlsbad Municipal Code Chapter 19.04.070{A){l){c) general
rule exemptions, where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, in that the proposed amendment
to the Specific Plan is similar to a minor zone code amendment that does not lead to physical
improvements beyond those that would otherwise be typically exempted.
10. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so 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 Specific Plan Amendment.
2. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Specific Plan document{s) necessary to make them internally consistent and
in conformity with final action on the project. Development shall occur substantially as shown in
the approved Exhibits. Any proposed development, different from this approval, shall require an
amendment to this approval.
3. Within one {1) month of this approval, the applicant shall submit to the City Planner a digital
copy and a camera-ready master copy of the Carlsbad Corporate Plaza Specific Plan, as
amended, in addition to the required number of bound copies.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RESO NO. 7371 -3-
5. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims 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 Specific Plan Amendment, (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. 7371 -4-
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on June 3, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine
NOES:
ABSENT:
ABSTAIN:
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7371 -5-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING AN AMENDMENT TO THE CARLSBAD CORPORATE
PLAZA SPECIFIC PLAN (SP 23(H)) TO REMOVE THE 6,000-SQUARE-FOOT
LIMIT FOR MEDICAL OFFICE USE FOR THE PURPOSE OF ALLOWING WITH
THE APPROVAL OF A MINOR SITE DEVELOPMENT PLAN AND COASTAL
DEVELOPMENT PERMIT THE CONSTRUCTION OF A 35,360-SQUARE-FOOT,
SINGLE-LEVEL PARKING STRUCTURE LOCATED OVER AN EXISTING PARKING
LOT SERVING AN EXISTING OFFICE LOCATED AT 6183-6185 PASEO DEL
NORTE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: CARLSBAD CORPORATE PLAZA PARKING STRUCTURE
CASE NO.: AMEND 2019-0002
The City Council of the City of Carlsbad, California, does ordain as follows:
Exhibit "X"
June 3, 2020
WHEREAS, the Carlsbad Corporate Plaza Specific Plan (SP 23) was originally adopted
by City Council Ordinance No. 9293 on March 21, 1972 and has been amended several times and
contains the uses, development standards and design guidelines for the development of the Specific
Plan area; and
WHEREAS, the Carlsbad Corporate Plaza Specific Plan is the implementing ordinance for
this property; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific
Plan Amendment (AMEND 2019-0002); and
WHEREAS, the amendment to remove the existing 6,000-square-foot limit on medical
office use will allow the two existing buildings, currently used as a combination of general offices and
medical offices, to be used entirely as medical offices; and
WHEREAS, medical offices are listed as a permitted use in the Carlsbad Corporate Plaza
Specific Plan and a parking structure is allowed with the approval of a minor site development plan and
coastal development permit; and
WHEREAS, after procedures in accordance with requirements of law, the City Council has
determined that the public interest indicates that said Specific Plan Amendment (AMEND 2019-0002)
be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1. The above recitations are true and correct.
2. That the Specific Plan AMEND 2019-0002, on file in the Planning Division, and
incorporated herein by reference, is adopted. The Carlsbad Corporate Plaza Specific Plan shall
constitute the zoning for the property and all development of the property shall conform to the
Specific Plan.
3. Thatthe Carlsbad Corporate Plaza Specific Plan, as amended by Specific Plan Amendment
AMEND 2019-0002, dated June 3, 2020, is approved.
4. That Specific Plan Amendment (AMEND 2019-0002) amends Carlsbad Corporate Plaza
Specific Plan, as shown on the attached "Exhibit AMEND 2019-0002".
5. That the findings and conditions of the Planning Commission in Planning Commission
Resolution No. 7371 shall also constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
' summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the __ _
day of ____ _, 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
CARLSBAD CORPORA TE PLAZA
SPECIFIC PLAN
AMEND 2019-0002
(AMENDMENT TO SP 23H)
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Applicant:
Nextmed Ill
6125 Paseo Del Norte Ste 210
Carlsbad, CA 92011
Project Site:
6183 & 6185 Paseo Del Norte
APN: 211-040-18
Prepared by:
Hofman Planning & Engineering
3152 Lionshead Avenue
Carlsbad, CA 92010
Forwarded on XXX YY, 2019 by Planning Commission Resolution (xxxx)
Approved on XXXX Y, 2019 by City Council Ordinance (2019-yyy)
TABLE OF CONTENTS
I. INTRODUCTION ............................................................................. 1
A. PURPOSE AND SCOPE ................................................................ 1
B. LOCATION AND PLANNING AREA INFORMATION ........................... 1
C. HISTORY .................................................................................... 2
D. REGULATORY SPECIFIC PLAN ...................................................... 2
II. LANDUSES ................. : ...... , ............................................................ 6
A. PERMITTED USES ........................................................................ 6
B. USES ALLOWED WITH A CONDITIONAL USE PERMIT ...................... 6
C. SETBACKS ................................................................................. 6
D. PARKING····················································••-•···························· 7
Ill. SIGNAGE ....................................................................................... 7
IV. INFRASTRUCTURE PLAN AND IMPLEMENTATION MEASURES .............. 7
V. SPECIFIC PLAN ADMINISTRATION ..................................................... 7
LIST OF FIGURES
Figure 1: Regional Map .............................................................................. 3
Figure 2: Vicinity Map ................................................................................. 4
Figure 3: Specific Plan Boundaries ............................................................... 5
I. INTRODUCTION
A. PURPOSE AND SCOPE
The purpose of the Carlsbad Corporate Plaza Specific Plan (CCPSP) amendment is
to allow for the creation of a parking structure at the Carlsbad Corporate Plaza and
to allow for the use of the office buildings located at 6183 and 6185 Paseo Del Norte
as 100 percent medical offices to serve both residents of Carlsbad and the larger
region. In doing so, the plan aims to achieve an objective of the City of Carlsbad's
General Plan by providing opportunities for continued economic growth and vitality
that enhance Carlsbad's position as a premier regional employment center and by
managing parking in an efficient manner.
The CCPSP is adopted pursuant to the provisions of Government Code Sections
65450 et. seq. and the Land Use Element of the City of Carlsbad General Plan.
B. LOCATION AND PLANNING AREA INFORMATION
The Carlsbad Corporate Plaza Specific Plan area is located at 6183 and 6185
Paseo Del Norte (APN 211-040-18-00). The 4.59 acre area is located entirely within
the boundary of Local Facilities Management Zone 3. The plan area is described as
Parcel 3, in the City of Carlsbad, County of San Diego, State of California, according
to map thereof No. 3415, filed in the Office of the Recorder of San Diego County on
January 21, 1975. The Specific Plan area is located within the Coastal Zone.
A regional and vicinity map depicting the location of the property within the County
and within the City of Carlsbad are provided in Figure 1 (page 3) and Figure 2 (page
4). The boundaries of the CCPSP are shown in Figure 3 on page 5.
Additionally, the plan area is located within the McClellan-Palomar Airport Influence
Area, but outside of the Flight Activity Zone. The entire Specific Plan Area is outside
the limits of the six Safety Zones as shown in the Airport Land Use Compatibility
Plan for the McClellan-Palomar Airport, amended December 1, 2011.
1
C. HISTORY
Specific Plan 23 was originally adopted on March 7, 1972 by City Council Ordinance
No. 9293. In the years between 1972 and 1999, Specific Plan 23 was amended
eight times [SP 23 (A-H)].
• SP 23 [PC reso 755; CC reso 1955; CC ORD 9293]: First phase of an adult
community located east of the 1-5 freeway (1972).
• SP 23(A) [PC reso 776; CC reso 2011; CC ORD 9308/9309]: Change of
zoning for a 3.05 acre parcel from R-1-10,000 and M to PC and the creation
of an SP for the northern M zoned properties (1972).
• SP 23(8) [PC reso 811; CC reso 2060; CC ORD 9325]: Phase "C" of Alta
Mira properties (1972).
• SP 23(C) [Ordinance unknown]: Remove Motel 6 from provisions of SP 23
(1981).
• SP 23(0) [Denied]: Denial of request for amendments and site development
plan for 150 apartments on Neighborhood Commercial 8 acres (1983).
• SP 23(E) [PC reso 2368; CC ORD 9747]: Approval of office and mini
warehouse facility on the 8 acre Neighborhood Commercial site (1985).
• SP 23 (F) [PC reso 3461; CC ORD NS-224]: Deletion of Condition 13 to SP
23(E) (1992).
• SP 23 (G) [PC reso 4184; CC ORD NS-437]: Carlsbad Corporate Plaza site
plan and building design (1998).
• SP 23 (H) [PC reso 4517; CC ORD NS-487]: Establishment of list of
allowable uses for the Carlsbad Corporate Plaza site; medical uses limited to
a maximum of 6,000 square feet at 6183 & 6185 Paseo Del Norte (1999).
The current amendment will allow all permitted uses allowed in the O (Office) zone
(CMC Chapter 21.27).
D. REGULATORY SPECIFIC PLAN
The CCPSP is a regulatory document that only manages land uses. It is not a policy
document, and does not introduce any new policy objectives. The amendment to SP
23(H) provides for a parking structure and medical office uses within the boundaries of
the Carlsbad Corporate Plaza site.
2
Figure 1: REGIONAL MAP -CARLSBAD CORPORATE PLAZA SPECIFIC
PLAN
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ti \ J-\1
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SAN GO
COUNTY
3
Figure 2: VICINITY MAP -CARLSBAD CORPORATE PLAZA SPECIFIC
PLAN
CITY OF OCEANSIDE
7a
SITE
VICINITY MAP
N,T.S,
4
FIGURE 3: LAND USE PLAN -CARLSBAD CORPORATE PLAZA SPEC IFIC
PLAN
SPECIFIC PLAN AMENDMENT BOUNDARY MAP
5
II. LAND USES
The Carlsbad Corporate Plaza Specific Plan currently allows the permitted and
conditionally permitted land uses of the underlying P-C zone and by SP 23 (H), but
limits the square footage for medical office uses to 6,000 square feet. The subject
amendment deletes the 6,000 square footage limit for medical facilities that was
established pursuant to SP 23 (H). The amended CCPSP additionally allows for the
construction of a single-level parking structure on the site.
A. PERMITTED USES
1. All uses permitted in the Office (0) zone .
2. Single-level parking structure
3. Other uses similar to those listed above which the City Planner may
determine to fall within the intent and purposes of this Specific Plan, are of
comparable nature, and will not be detrimental to property in the vicinity.
4. During parking structure construction phase, 7,500 sf of new medical uses
may be permitted as approved by the City Planner. In making this
determination the City Planner shall find that adequate offsite and onsite
parking measures are in place to ensure that adequate parking will be
maintained during construction for all existing uses.
B. USES ALLOWED WITH A CONDITIONAL USE PERMIT
1. All uses conditionally allowed in the O zone.
C. SETBACKS
1. Front Yard and Street Side Yard
a. Building: The front yard or side street yard shall have an average
setback of 35 feet; however, the setback shall not be less than 25 feet.
Parking shall be allowed within the setback, but the parking field must
be located a minimum of 1 O' from the property line.
b. Parking Structure: Front and Street side setbacks for a parking
structure shall be a minimum of 50 feet from the property line.
2. Side Yard -Interior
a. Building: All interior side yards shall have a minimum setback of 10
feet. Any parking field must be located a minimum of 10 feet from the
property line.
b. Parking Structure: Interior side yard setbacks for a parking structure
shall be a minimum of 50 feet from the property line.
6
3. Rear Yard:
a. The rear yard setback shall be a minimum of 25 feet from the property
line for all structures and/or parking fields.
E. PARKING
1. Parking shall be calculated pursuant to CMC 21.42.020 except as provided in
E.2. below.
2. Parking calculations shall be based upon the Gross Leasable Area of the
Carlsbad Corporate Plaza office buildings.
a. Gross Leasable Area is defined as the actual area that is leased and
privately used by a tenant. This area does not include the common
areas accessible to all tenants of the buildings, nor the non-usable
square footages e.g. hallways, common restrooms, etc.
Ill. Signage
All Signage shall be subject to Chapter 21.41 (Sign Ordinance) of the Carlsbad
Municipal Code.
IV. INFRASTRUCTURE PLAN AND IMPLEMENTATION
MEASURES
The infrastructure improvements planned for and approved as part of Local Facilities
Management Zone 3 and the City of Carlsbad Capital Improvement Plan, remain
applicable and satisfactory for the CCPSP for all categories.
• Comply with the current requirements of state and regional storm water
management and quality criteria.
V. SPECIFIC PLAN ADMINISTRATION
As contained in Section 65450, et. seq. of the California Government Code, the
CCPSP shall be amended in the same manner as the General Plan, except that a
specific plan may be adopted by resolution or by ordinance and may be
amended as often as deemed necessary by the legislative body. The CCPSP
7
may not be amended unless the proposed amendment is consistent with the
City of Carlsbad's General Plan. Additionally, amendment of the CCPSP shall be
subject to the local requirements of Chapter 21.52 of the Carlsbad Municipal Code.
8