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HomeMy WebLinkAbout2023-12-06; Planning Commission; Resolution 7503PLANNING COMMISSION RESOLUTION NO. 7503 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND COASTAL DEVELOPMENT PERMIT FOR THE DEVELOPMENT OF A 9,057 SQUARE FOOT FACILITIES BUILDING LOCATED ON THE ARMY AND NAVY ACADEMY CAMPUS AT 2476 MOUNTAIN VIEW DR. WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: CASE NO.: ARMY AND NAVY ACADEMY FACILITIES BUILDING AMEND 2019-0005/CDP 2019-0021 (DEV2019-0152) WHEREAS, Army and Navy Academy, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Assessor Parcel Number 203-010-16-00, and more thoroughly described as: Lot 131 of Granville Park No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof 2037, filed in the Office of the County Recorder of San Diego County, June 18, 1927; and Together with a portion of lot 47 of Granville Park, in the County of San Diego, State of California, according to map thereof 1782, filed in the Office of the County Recorder of San Diego County, February 21, 1924;and Also, together with that portion of Laguna Drive, now known as Ocean Street adjoining said lot 47 on the north, as vacated and closed to public use, ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment and Coastal Development Permit as shown on Exhibit(s) "A" -"M" dated Dec. 6, 2023, on file in the Planning Division AMEND 2019-0005/CDP 2019-0021 -ARMY AND NAVY ACADEMY FACILITIES BUILDING, as provided by Chapters 21.42, 21.201 and 21.203 of the Carlsbad Municipal Code;and WHEREAS, the Planning Division studied the Conditional Use Permit Amendment and Coastal Development Permit applications and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq . After consideration of all evidence presented, and studies and investigations made by the City Planner and on its behalf, the City Planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15332 -In-Fill Development Projects and section 15305(a) -Minor Alterations in Land Use Limitations, in that project is consistent with the General Plan and Zoning Ordinance; the project site is located within the City limits, on a development area of less than five acres in size, and substantially surrounded by urban uses; there is no evidence that the project site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; the site can be adequately served by all required utilities and public services; and lastly, the minor lot line adjustment does not result in the creation of any new parcels. The project will not have a significant effect on the environment and all the requirements of CEQA have been met; and WHEREAS, on Nov. 7, 2023, the city distributed a notice of intended decision to adopt the "In- Fill Development Projects" and "Minor Alterations in Land Use Limitations" exemptions. The notice was circulated for a 10-day period, which began on Nov. 7, 2023 and ended on Nov. 18, 2023. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the City Planner CEQA determination was Nov. 18, 2023; and WHEREAS, on Oct. 4, 1995, the Planning Commission approved Conditional Use Permit, CUP 94- 02, as described and conditioned in Planning Commission Resolution No. 3797. WHEREAS, on Nov. 5, 2008, the Planning Commission approved Conditional Use Permit Amendment and extension, CUP 94-02xl(A), as described and conditioned in Planning Commission Resolution No. 6495. WHEREAS, the Planning Commission did, on Dec. 6, 2023, 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 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 Commission APPROVES AMEND 2019-0005/CDP 2019-0021 -ARMY AND NAVY ACADEMY FACILITIES BUILDING based on the following findings and subject to the following conditions: Findings: Conditional Use Permit Amendment, AMEND 2019-0005 1. That the requested use is necessary or desirable for the development of the community, is in harmony with the various elements and objectives of the general plan, and 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 use is a) considered necessary and desirable to satisfy the educational needs of students in the community; b) the architecture and scale of the proposed building is compatible with existing school buildings on campus and surrounding residential land uses; and c) the school has successfully coexisted with the surrounding residential neighborhood since 1937. 2. 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 project can be fit within the proposed development area without the need for any development standard modification. Furthermore, project has been designed to incorporate all of the required development standards of the Multiple-Family Residential (R-3} and Beach Area Overlay (BAO} Zone; and landscaping is being provided to visually screen parking areas and enhance the surrounding public streets and areas within the site adjacent to the building, to ensure compatibility of the project with the surrounding community. 3. That the street system serving the proposed use is adequate to properly ha1ndle all traffic generated by the proposed use, in that the proposed facilities building, considered an ancillary use to the primary school use, is designed to accommodate existing operations that already exist on the school campus, and which have been previously analyzed as part of the existing school use. Coastal Development Permit, CDP 2019-0021 4. 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 previously graded and developed. Furthermore, the Local Coastal Program (LCP) Land Use designation for the property is R-15 Residential (R-15); and, the LCP Zoning designation is Multiple-family Residential (R-3) consistent with both the city's General Plan Land Use and Zoning designations. The R-3 zone implements the R-15 land use designation. Private schools are an allowed use in the R-3 zone with a conditional use permit. An approved conditional use permit for the Army and Navy Academy private school use has been in place since 1995. The proposed facilities/maintenance building is an ancillary use consistent with general operations of the existing private school primary use. The project involves construction of a new 9,057 square foot facilities/maintenance building to support the Army and Navy Academy in an area that is already approved for a private boarding school use and is developed with existing campus structures. The proposed one-story structure is compatible with the surrounding development of one-and two-story single-family residences, school buildings, and the occasional three-story structure. The one-story structure will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses or sensitive resources exist on this previously graded and developed site. The proposed structure is not located in an area of known geologic instability or flood hazard. The site is near the coast, but no public opportunities for coastal shoreline access or water-oriented recreational activities are available from the site. 5. 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 run-off, pollutants, and soil erosion. The project site does not include steep slopes (equal to or greater than 25% gradient) or native vegetation; and, is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. General 6. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, in that the 16-acre Army and Navy Academy school campus, situated within the Carlsbad Village, consists primarily of a Village-Barrio (V-B) General Plan Land Use designation with some parts of the campus, the subject 1.5-acre property included, consisting of an R-15 Residential General Plan Land Use designation. The proposed facilities building, considered an ancillary use to the Army and Navy Academy's primary use, is important in supporting the private school's continued success. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it enhances an existing civic and cultural use in an accepted location within the Village as described in Goal 2-G.29. This in turn serves to enhance and maintain the Army and Navy Academy as it is the only military boarding school in California. The project address's Goal 2-G.30 by reinforcing the pedestrian-orientation desired for the downtown area because the school's proximity to the Village provides students of the Army and Navy Academy and its employees an opportunity to walk to shopping, recreation, and mass transit functions. The academy and proposed project being close to existing bus routes and mass transit, also helps to further the goal of providing economic development near transportation corridors and assists in encouraging complementary uses in the Village and adding diversity to the Village population, which helps to create and/or enhance a livelier and more interesting social environment. The project address's Goal 2-G.2 by allowing for the continued operation of a school, which is conveniently located near residential uses, close to job locations, easily accessible by transit, and near parks and beaches of the Village. 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public 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, 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. All necessary public improvements have been provided or are required as conditions of approval. 8. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 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, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to section 15332 -In-Fill Development Projects, and section 15305(a) - Minor Alterations in Land Use Limitations 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. 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: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of building permits. 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 Amendment 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 Amendment 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. 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 Amendment 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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, grading plans, and preliminary utility 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. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. A note to this effect shall be placed on the Final Parcel Map. 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 1, 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. 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. 11. Prior to the issuance of the building permit, 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(n) Conditional Use Permit Amendment and Coastal Development Permit 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. 12. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 14. AMEND 2019-0005 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. 15. This Conditional Use Permit Amendment 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. Engineering Conditions General 16. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 17. 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. 18. The developer shall complete processing of a lot line adjustment between lot 74 and lot 131 as shown on the site plan. Fees/ Agreements 19. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of Mountain View Drive along the property frontage for the half street width. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing, and grubbing, undergrounding or relocation of utilities, and pedestrian ramps. Storm Water Quality 20. 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. 21. 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 . 22. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.,) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 23. 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. Dedications/Improvements 24. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street purposes as shown on the site plan. The offer shall be made by a separate recorded document. 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. 25. Prior to any work in 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. 26. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the site plan and to the satisfaction of the city engineer. No new or relocated utility poles are allowed. Any proposed transformer shall be placed outside of the right-of-way. Utilities 27. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers, etc.,) are required to serve the project. 28. Developer shall upgrade existing water services and meters to current standards and install new water services and meters at locations approved by the District Engineer. 29. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Dr., 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. NOTI CE 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, on the 6th day of by the following vote, to wit: AYES: Meenes, Stine, Sabellico, Merz NAYES: ABSENT: Hubinger, Kamenjarin, Lafferty ABSTAIN: v~2 PETER MERZ, Chair CARLSBAD PLANNING COMMISSION ERIC LARDY, City Planner