HomeMy WebLinkAboutAMEND 2021-0012; CABRILLO POWER I; Admin Decision LetterOctober 27, 2021
Patrick Zabrocki
Howes, Weiler, Landy -Planning & Engineering
2888 Loker Avenue East #217
Carlsbad CA 92010
SUBJECT: AMEND 2021-0012 (DEV2020-0297) -CABRILLO POWER I
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The City Planner has completed a review of your application for an amendment to Nonresidential Planned
Development Permit PUD 2020-0002 and Tentative Parcel Map MS 2020-0005 to revise text in the City's
approval letter dated August 5, 2021 and to revise text on the approved tentative parcel map. The project
otherwise reflects the original approval, to create four separate parcels over the existing 95.12-acre
property generally located north of the intersection of Cannon Road and Carlsbad Boulevard on both the
east and west sides of the railroad in the Public Utility/Open Space (PU/OS) Zone and Local Facilities
Management Zone 3. There will be no changes to the existing site or buildings. All site improvements are
existing. The property is more particularly described as Accessor's Parcel Numbers 210-010-47-00 and
210-010-48-00. A notice was sent to property owners within a 300-foot radius of the subject property
requesting comments regarding the above request. No comments were received within the ten-day
notice period (ending on October 1, 2021). After careful consideration of the circumstances surrounding
this request, the City Planner has made a decision pursuant to Section 20.24.130 and 21.47 .070 of the City
of Carlsbad Municipal Code (CMC) to APPROVE this request based on the following findings and subject
to the conditions listed below .
. Findings:
1. That the granting of this permit will not adversely affect and will be consistent with the Municipal
Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City
and other governmental agencies, in that the proposed project is consistent with the Public,
Open Space and Visitor Commercial (P/OS/VC) General Plan Land Use designation of the site
and all development standards of the Public Utility/Open Space (PU/OS) Zone, and Title 20 and
21 regulations governing subdivisions and the design of nonresidential planned developments.
2. That the proposed use at the particular location is necessary and desirable to provide a service or
facility which will contribute to the general long-term well-being of the neighborhood and
community, in that the proposed nonresidential planned development will be located on an
existing Public Utility/Open Space (PU/OS) zoned lot. The project is compatible with the
surrounding public utility and open space uses; will provide opportunities for separate
ownership of buildings and the sharing of access, and drainage facilities; and will provide for
future development of the site consistent with the General Plan.
Community Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
AMEND 2021-0012 (DEV2020-0297)-CABRILLO POWER I
October 27, 2021
Page 2
3. That such project will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that
th.e project meets all applicable city standards and ordinances and all public facilities and
services exist. Adequate parking, access, and drainage facilities for the project site will be
provided to each of the parcels via existing private easements. The project includes all necessary
features to adjust the development to the surrounding land uses including setbacks and
parking. The nonresidential planned development will not pose a safety hazard to the
occupants of the surrounding public utility and open space uses.
4. That the proposed non-residential planned development meets all of the minimum development
standards of the underlying zone, in that no variances from development standards have been
requested or required. The project conforms to the applicable requirements for lot coverage
requirements, minimum lot area, and parking standards of the Public Utility (PU) Zone (Chapter
21.36 of the Zoning Ordinance). All required parking will be provided onsite and all required
setbacks are provided.
5. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act,
and will not cause serious public health problems, in that the Public, Open Space and Visitor
Commercial (P/OS/VC) Generat Plan Land Use designation allows for the creation of four lots.
The proposed subdivision satisfies the minimum requirements of Titles 20 and 21 and the lots
have been designed to comply with all other applicable regulations.
6. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for Public, Open Space and Visitor Commercial (P/OS/VC) on the
General Plan, and the subject property is surrounded by public utility uses to the south and east
and open space uses to the north and west.
7. That the site is physically suitable for the type of the development since the site is adequate in
size and shape to accommodate the office/industrial project in that the proposed subdivision of
one lot into four lots ranging in size from approximately 3.1 to 57 .3 acres meets the
development standards and design criteria required by the Public Utility/Open Space (PU/OS)
Zone, including but not limited to requirements for access and setbacks.
8. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the developer has
delineated and preserved on the parcel map all existing easements of record and proposes
additional easements for access, drainage and provided an Irrevocable Offer of Dedication to
the city and/or other appropriate entities for a public trail easement corridor.
9. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
10. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the new lots allow for passive or
natural solar heating and cooling opportunities and provide ample area to take advantage of
prevailing breezes.
AMEND 2021-0012 (DEV2020-0297)-CABRILLO POWER I
October 27, 2021
Page 3
11. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the subject property is developed and no additional improvements are proposed in
conjunction with the subdivision.
12. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that no additional development is
proposed beyond the subdivision of the property. The tentative parcel map does not propose
any physical development that would discharge waste thus resvlting in a violation of existing
California Regional Water Quality Control Board requirements. Future development is required
to be designed in accordance with the latest orders established by the regional water quality
control board.
General
13. That the City Planner finds that the project, as conditioned herein, is in conformance with the
City's General Plan, in that the four-lot subdivision is consistent with the Public, Open Space and
Visitor Commercial (P/OS/VC) General Plan Land Use designation of the site and all
development standards of the Public Utility/Open Space (PU/OS) Zone, and Title 20 and 21
regulations governing subdivisions and the design of nonresidential planned developments. All
roadways and improvements necessary to serve the development exist, and no additional
roadway improvements are required.
14. 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 15315 -Minor Land Divisions 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.
15. The project is consistent with the City-Wide 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.
16. The City Planner 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.
AMEND 2021-0012 (DEV2020-0297) -CABRILLO POWER I
October 27, 2021
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Conditions:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to recordation of the Parcel Map.
1. All of the conditions within this letter shaU supersede all of the conditions within the Planning
Division's administrative approval letter for PUD 2020-0002/MS 2020-0005 dated August 5,
2021.
2. Prior to approval of the AMEND 2021-0012 (DEV2020-0297)-CABRILLO POWER I, the Developer
shall apply for and obtain approval of a Coastal Development Permit issued by the California
Coastal Commission or its successor in interest, that substantially conforms to this approval. A
signed copy of the Coastal Development Permit must be submitted to the City Planner. If the
approval is substantially different, an amendment to AMEND 2021-0012 (DEV2020-0297) -
CABRILLO POWER I shall be required.
3. Approval is granted for AMEND 2021-0012 (DEV2020-0297) -CABRILLO POWER I as shown on
Exhibits "A" -"J" dated October 27, 2021 on file in the Planning Division and incorporated herein
by reference. Development shall occur substantially as shown unless otherwise noted in these
conditions.
4. 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 Non-Residential Planned
Development Permit and Tentative Parcel Map.
5. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Non-Residential Planned Development Permit and Tentative Parcel Map
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.
6. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of the recordation of the Parcel Map.
7. 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.
8. 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 Non-Residential Planned Development Permit and
AMEND 2021-0012 (DEV2020-0297)-CABRILLO POWER I
October 27, 2021
Page 5
Tentative Parcel Map, (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.
9. 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
recordation of a Parcel Map.
10. This approval shall become null and void if a Parcel Map is not recorded within 24 months from
the date of project approval.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
12. Concurrent with the recordation of the Irrevocable Offer of Dedication to the city and/or other
appropriate entities for public trail easement corridor purposes as noted on the tentative parcel
map, 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 Non-Residential Planned Development Permit and
Tent.-tive Parcel Map by City Planner letter of approval on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice
of Restriction. The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
13. The Irrevocable Offer of Dedication to the city and/or other appropriate entities for public trail
easement corridor purposes as shown on the tentative parcel map shall be in the form stamped
as Exhibit 1 in the subject case file and signed by the property owners prior to recordation of
the Parcel Map.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a parcel map, building or grading permit
whichever occurs first.
General
14. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. There shall be one parcel map recorded for this project. Developer shall pay the city
standard map review plan check fees.
15. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
AMEND 2021-0012 (DEV2020-0297) -CABRILLO POWER I
October 27, 2021
Page 6
16. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Carlsbad Blvd as shown on the Tentative Map/Site
Plan.
Storm Water Quality
17. 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.
Dedications/Improvements
18. Developer shall cause owner to submit to the city engineer for recordation two covenant of
easements for private drainage purposes and one covenant of easement for access purposes as
shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule.
Alternatively, said easements may be recorded on the parcel map in which case no separate
easement processing fee or separate plan check application is required.
19. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for sewer purposes as shown on the tentative map. The offer shall be made by a
certificate on the parcel map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required to be
rededicated. Additional easements may be required at final design to the satisfaction of the city
engineer.
20. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other
appropriate entities for public trail !i!asement corridor purposes as noted on the tentative parcel
map. The offer shall be made by a separate recorded document in the form stamped as Exhibit 1
in the subject case file. All land so offered shall be free and clear of all easements that would
interfere with the use of the land as a public trail without cost to the city.
Code Reminders
21. 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.
22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17 .04.060.
23. 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.
24. 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.
AMEND 2021-0012 (DEV2020-0297) -CABRILLO POWER I
October p, 2021
Pa e 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 the 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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within
such time limit shall stay the effective date of the order of. the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact Cliff Jones at 760-602-4613.
Sincerely,
DON NEU
City Planner
DN:CJ:cf
c: Mark Rohrlick, NRG Energy Inc., 804 Carnegie Center, Princeton NJ 08540
David Rick, Project Engineer
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