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HomeMy WebLinkAbout2021-01-20; Planning Commission; Resolution 7392PLANNING COMMISSION RESOLUTION NO.7392 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO OPERATE AN APPROXIMATELY 2,850-SQUARE-FOOT PRIVATE SCHOOL WHICH INVOLVES ONE-TO-ONE OR SMALL GROUP INSTRUCTION FOR STUDENTS BETWEEN SIXTH AND 12TH GRADE, LOCATED AT 705 PALOMAR AIRPORT ROAD, SUITE 340, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: FUTURES ACADEMY AT CARLSBAD CASE NO.: CUP 2020-0026/CDP 2020-0031 (DEV2020-0159) WHEREAS, Futures in Education, Inc., "Applicant" has filed a verified application with the City of Carlsbad regarding property owned by Brookwood Pacific Office I & II, LLC, "Owner," described as Parcel 3 of Parcel Map No. 15386, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 16, 1988 as instrument no. 88-467980 of official records. ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit and Coastal Development Permit as shown on Exhibit(s) "A" -"I" dated December 2, 2020, on file in the Planning Division, CUP 2020-0026/CDP 2020-0031 -FUTURES ACADEMY AT CARLSBAD, as provided by Chapters 21.42 and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 20, 2021, 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 and CDP. 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 CUP 2020-0026/CDP 2020-0031 -FUTURES ACADEMY AT CARLSBAD, based on the following findings and subject to the following conditions: Findings: Conditional Use Permit 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 the Specific Plan in that the proposed 2,850-square-foot private school is located within the Planned Industrial General Plan Land Use designation which allows for educational institutions. In addition, the proposed project is consistent with the goals of the Land Use element of the General Plan because the school will promote a diversity of compatible land uses that enable residents to live close to a variety of public support systems. The format of the private school instruction requires students to arrive and depart at staggered times throughout the day and a condition of approval limiting the maximum number of students to 35 at any given time ensures the school's presence within the office building will be discreet and allows for compatibility in the diversity of land uses. Furthermore, the project will ensure adequate provision of community-service facilities for residents and people in the regional area. 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 proposed private school is compatible with the surrounding businesses because the use is conditioned to operate at typical business hours and limits the number of students to a maximum of 35 at any given time. The proposed project is also conditioned to hold special events on weekends or after school instruction hours which will further ensure compatibility with the surrounding uses. In addition, the existing site provides adequate parking for the proposed use and all uses onsite that is consistent with the city's parking requirements. Due to the format of instruction and the option for online instruction, the number of students onsite are limited and the arrival and departure of students are staggered which ensures any potential queueing or parking impacts are minimized. 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 proposed private school will occupy 2,850 square feet on the third floor of an existing office building. The proposed project does not include an addition or exterior modifications to the existing building and therefore complies with the required development standards of the Industrial {M) Zone. The project . is adequate in size to accommodate the proposed use in that it exceeds the city's parking requirements because the proposed use and existing uses onsite require a total of 467 parking · spaces and the site provides 486. In addition, the site provides an adequate loading area on the south side of the building that accommodates the proposed use by allowing for the pick-up and drop-off of students that is located outside of required drive aisles and parking spaces which will reduce impacts to circulation and parking onsite. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the private school will be accessed from Avenida Encinas, which can PC RESO NO. 7392 -2- accommodate the 42 Average Daily Trips (ADT) expected to be generated by the proposed use. The project is not anticipated to impact the existing levels of service on Avenida Encinas or Palomar Airport Road. Queueing onto the existing street system is not anticipated as the private school has a limited number of students onsite at a time due to the staggering of start times. In addition, there is an existing loading area on the south side of the building that will be utilized for the pick-up and drop-off of students that is located outside of required drive aisles and parking spaces, which will further minimize any potential queueing onto the street system. Coastal Development Permit 5. That the proposed development is in conformance with the Certified Local Coastal Program (Mello II Segment) and all applicable policies, in that the site is designated Planned Industrial (Pl) and allows for educational institution uses and the project consists of an approximately 2,850-square-foot private school on the third floor of an existing building on a site that was previously graded and developed. The project involves minor interior improvements and does not include an addition to floor area or modifications to the existing building. The project is not adjacent to a beach or lagoon and will not obstruct views of the coastline as seen from public lands or the public right-of-way or otherwise damage the visual beauty of the coastal zone. In addition, because the site is not adjacent to a beach or lagoon and does not front along the coastline, public opportunities for coastal shoreline access or water-oriented recreational activities are not impacted. Furthermore, no agricultural uses or any known sensitive resources exist onsite, and the proposed private school is not located in an area of known geological instability or flood hazard. 6. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act, in that the property is not located adjacent to the coastal shoreline; and therefore, will not interfere with the public's right to physical access or water-oriented recreational activities. 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, Standard Urban Storm Water Mitigation Plan {SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil erosion. Additionally, the subject property is a previously graded and developed parcel that does not include any steep slopes or any native vegetation. Lastly, 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 3 and all City public facility policies 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. Specifically, PC RESO NO. 7392 -3- a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. b. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 9. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that 1) the proposed use is located outside of the 60 dB CNEL noise contour and thus is not impacted by airport noise; 2) the project does not involve any addition to the existing structure and is consistent with Review Area 2 requirements; 3) although this project is within the Airport Overflight Notification Area, the use is non-residential development, and thus, the recordation of an overflight notification is not required; and 4) the project site is located outside of all Safety Zones; and thus is considered a compatible land use within the Airport Influence Area. 10. That 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 15301(a) -Existing Facilities of the State CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. 11. 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 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. PC RESO NO. 7392 -4- 3. Developer shall comply with all applicable prov1s1ons 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. 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 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. 6. 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 b,uilding permits. 7. 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. 8. 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 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. 9. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 10. 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 and Coastal Development Permit by Resolution No. 7392 on the property. Said Notice of Restriction shall note the property description, location of the file cont~ining complete project details and all conditions of approval PC RESO NO. 7392 -5- 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. 11. CUP 2020-0006 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. 12. This Conditional Use Permit is granted without an expiration date. 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. 13. Futures Academy at Carlsbad is approved for a maximum of 35 students and 14 employees at any given time'.. 14. Futures Academy at Carlsbad shall stagger start and dismissal times and shall utilize the loading area located on the south side of the building addressed as 705 Palomar Airport Road for student pick-up and drop-offs. At no time shall the pick-up or drop-off of students obstruct any required drive aisles, parking spaces or queue onto a public street. 15. The hours of operation shall be limited to 7:30 a.m. to 8:00 p.m., Monday -Friday, year-round. Special events that are normally associated with schools such as open house for parents or workshops for standardized testing instruction are allowed outside of normal business hours . . The use of the school for special events shall be limited to the operator. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 16. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 17. Developer 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 site plan are for planning purposes only. PC RESO NO. 7392 · -6- 18. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 19. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050. 20. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 21. 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. 22. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 23. 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, except as otherwise specifically provided herein. 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 Plannil'lg Com.mission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must lfo in writing and state the reason(s) for the appeal. The City Council must make a determin~t i~'tf on the a'ppai!l prior to any judicial review. 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. 7392 -7- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on January 20, 2021 by the following vote, to wit: AYES: Chair Meenes, Commissioners Anderson, Lafferty, Luna, Merz, and Stine NOES: ABSENT: Commissioner Geidner ABSTAIN: ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7392 -8-