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HomeMy WebLinkAbout2020-02-19; Planning Commission; Resolution 7361PLANNING COMMISSION RESOLUTION NO. 7361 A RESOLUTION Of THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A TEMPORARY FIRE STATION IN A PORTION OF THE DOVE LIBRARY PARKING LOT AT 1775 DOVE LANE IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: FIRE STATION NO. 2 TEMPORARY LOCATION CASE NO.: CUP 2019-0034/CDP 2019-0030 (PUB2018-0010) WHEREAS, the City of Carlsbad, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as: Parcel 2 of Parcel Map 16044, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 5, 1990. ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit and Coastal Development Permit as --shown on Exhibits "A" -"P" dated February 19, 2020, on file in the Planning Division, CUP 2019-0034/CDP 2019-0030 -FIRE STATION NO. 2 TEMPORARY LOCATION, as provided by Chapters 21.42 and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 19, 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 Conditional Use Permit and Coastal Devel_opment Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES CUP 2019-0034 and CDP 2019-0030 -FIRE STATION NO. 2 TEMPORARY LOCATION, based on the following findings and subject to the following conditions: Findings: Conditional Use Permit (CUP 2019-0034) 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that development of the temporary fire station proposed complies with Goal 2-G.21 of the Land Use and Community Design Element to ensure that adequate public facilities and services are provided in a timely manner to preserve the quality of life of residents and with Policy 2-P.41 of the element to ensure compatibility among different land uses. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the temporary fire station, located within the northern parking lot of the library, is positioned away from primary view corridors, vehicle entries and pedestrian areas of the library and adjacent shopping center, is surrounded and screened by chain link fencing with privacy slats, and is designed with a separate driveway and adequate maneuvering area to not conflict with library, shopping center, or Dove Lane vehicle circulation. In addition, the temporary station does not conflict with pedestrian and bicyclist circulation as it does not remove or negatively impact sidewalks and bicycle paths. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or City Council, in order to integrate the use with other uses in the neighborhood, in that the temporary use of the northern parking lot is adequate in size and shape to accommodate the temporary facility, comply with required setbacks, and provide adequate screening, circulation, and parking area. No permanent improvements are proposed. Further, despite the temporary loss of most parking on the library's north side, adequate parking to serve patrons exists or can be provided elsewhere on the site and, as necessary, can be added along Dove Lane. Residential uses near the temporary station are separated from it by a SO-foot tall slope and a distance of 90-feet. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed temporary fire station will be served by its own driveway and maneuvering area such that circulation of fire station personnel and emergency vehicles will not conflict with library, shopping center, or Dove Lane traffic. Further, as the area served by the temporary station (Fire District 2) would remain the same as that served by existing Fire Station 2 approximately one mile south, it can reasonably be assumed that the frequency of emergency response requests would be similar to that of the existing fire station. Similarly, emergency vehicle pre-emption is proposed for the signalized intersection at El Camino Real and Dove Lane. Thus, the roadway network would experience similar, acceptable operating conditions as it currently does. Coastal Development Permit (CDP 2019-0030) 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the temporary improvements are proposed on a fully developed site located 2.5 miles from the coast and will not impact sensitive coastal resources, agriculture, PC RESO NO. 7361 -2- or impact views or public access. Further, the project site is not in an area of known geologic instability. 6. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project site's inland location will not interfere with coastal access nor any coastal recreational opportunities, such as water-oriented activities, hiking, bird watching, or use of recreational facilities. 7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. As it is already developed as a parking lot with adjacent planters, no steep slopes or native vegetation are located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. General 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 and all city public facility polides and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 9. 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: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 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 Conditional Use Permit and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit and Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the PC RESO NO. 7361 -3- project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 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. 5. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 6. Developer shall implement, or cause the implementation of, the applicable mitigation measures as stated in the Mitigation Monitoring and Reporting Program (MMR&P) for the Project. All mitigation measures shall be incorporated into final construction plans and specification documents. 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, arid 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 and Coastal Development 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. 8. Prior to submittal of the building plans or improvement plans, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 9. This approval is granted subject to the approval of Conditional Use Permit CUP 2018-0014, Special Use Permit SUP 2018-0009 and Variance V 2018-0007 and is subject to all conditions contained in Planning Commission Resolution No. 7360 for those other approvals incorporated herein by reference. 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service PC RESO NO. 7361 -4- and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 12. 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. 13. CUP 2019-0034 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. 14. This Conditional Use Permit is granted for a maximum period of five years except that the temporary improvements approved herein shall be permitted only as long as necessary to enable construction and initial occupancy of permanent Fire Station No. 2 at 1906 Arenal Road (CUP 2018-0014). 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. 15. Temporary improvements approved herein, including above and below ground utilities, shall be removeµ within 120 days of occupancy of permanent Fire Station No. 2 at 1906 Arenal Road (CUP 2018-0014). Within that time frame, the project site, including landscaping, sidewalk, parking lot striping, etc., shall be restored to its prior configuration. Removal of temporary improvements and site restoration shall be performed to the satisfaction of the City Planner, City Engineer, and Library and Cultural Arts Director, as appropriate. 16. Landscaping and irrigation removed or damaged to accommodate temporary improvements, such as the driveway to Dove Lane, shall be promptly repaired or replaced, as appropriate, and maintained in a manner compatible with adjacent landscaped areas. 17. Fire Department staff shall delay engine checks until after 9 a.m. In the event of an emergency call, staff shall delay siren activation for both the fire engine and ambulance until entering El Camino Real unless siren activation is necessary for public safety. 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Commun ity Development and Planning. PC RESO NO. 7361 -5- 19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 20. Developer shall construct trash receptacle and recycling areas pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105, except that receptacles shall be enclosed by a six-foot-high chain link fence and gate with privacy slats, at a minimum. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. Engineering Conditions: General 21. 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. Storm Water Quality 22. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management .practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 23. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 24. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedication/Improvements 25. Prior to any work in the city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. PC RESO NO. 7361 -6- 26. Upon vacation of the temporary station, Developer shall restore the temporary emergency vehicle driveway access to curb, gutter, and sidewalk to the satisfaction of the city engineer. 27. Upon vacation of the temporary station, Developer shall remove and abandon the water laterals and sewer lateral serving the temporary station. Code Reminder: 28. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance or occupancy permit issuance, except as otherwise specifically provided herein. 29. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 30. Premise identification (addresses) shal l be provided consistent with Carlsbad Municipal Code Section 18.04.320. 31. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. PC RESO NO. 7361 -7- 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 February 19, 2020 by the following vote, to wit: AYES: Commissioner Geidner, Lafferty, Meenes, Merz and Stine NOES: Chair Anderson, Commissioner Luna ABSENT: ABSTAIN: Velyn Anderson, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7361 -8-