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HomeMy WebLinkAbout2013-08-07; Planning Commission; ; GPA 12-01|ZC 12-01|LCPA 12-02 - KELLY CORPORATE CENTERThe City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: August 7, 2013 ItemNo. 0 Application complete date: NI A Project Planner: Van Lynch Project Engineer: Steve Bobbett SUBJECT: GPA 12-01/ZC 12-01/LCPA 12-02 -KELLY CORPORA TE CENTER - Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to change the General Plan Land Use designation from Planned hldustrial (PI) and Open Space (OS) to Office (0) and Open Space (OS), a Zone Change to change the zoning from Plam1ed Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (0) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 50,000 square foot office building and a vacant lot with approvals for another 50,000 square foot office building located at the southeast comer of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6991 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Repo11ing Program and ADOPT Planning Commission Resolutions No. 6992, 6993, and 6994 RECOMMENDING APPROVAL of General Plan Amendment 12-01, Zone Change 12-01, and Local Coastal program Amendment 12-02 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The project. is a request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to change the General Plan Land Use designation from Plam1ed hldustrial (PI) and Open Space (OS) to Office (0) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (0) and Open Space (OS) and a Local Coastal Program Amendment (LCPA) on a 7.5 acre site with an existing 50,000 square foot office building and vacant lot with approvals for another 50,000 square foot office building located at the southeast comer of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5. Since the subject prope11ies are located in the Mello II segment of the City's Coastal Zone, the LCP A is required to change the LCP Land Use designation and zoning designations on the prope11y consistent with the proposed General Plan Land Use designation and Zoning changes. 0 GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER August 7, 2013 Page 2 III. PROJECT DESCRIPTION AND BACKGROUND The Kelly Corporate Center project involves a request from the property owner (Kelly Corporate Center II, and IIA, LLC) to change the General Plan Land Use designation of an existing office building and vacant lot approved for an office building from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment. The Office land use designation would continue to allow for office type uses similar to those permitted by the Planned Industrial Land Use and Zoning designations in addition to office uses that cater to the general public such as medical office uses and related commercial uses. This is further discussed below in the Land Use and Zoning sections. The project site is located on the southeast corner of Palomar Airport Road and Hidden Valley Road. The existing project site consists of three lots including two .75 acre development pads and one common 6.3 acre lot that contains the driveways, parking and 1.2 acres of Open Space. The existing two story office building is built on the western development pad and was occupied by the Carlsbad Fish and Wildlife Office that serves all or portions of Los Angeles, Orange, San Diego, San Bernardino, Riverside, and Imperial counties and the U.S. Army Corp. of Engineers office. The eastern .75 acre development pad is vacant. To the north of the project is Palomar Airport Road and the Crossings Golf Course, to the east is an existing office building, to the south is open space and single family residential upslope from the open space, and to the west is Hidden Valley Road and an existing office building. The other adjacent existing office buildings are land use designated Planned Industrial and zoned Planned Industrial, Qualified Development Overlay Zone. The original office development was approved by Site Development Plan (SDP 97-25) and was approved by the Planning Commission on August 18, 1999 by Planning Commission Resolution No. 4602. The eastern undeveloped pad has a valid SDP (SDP 97-25Ax3) and the permit expiration date is October 5, 2016. Presently, the General Plan Land Use Element update is also recommending that the Planned Industrial Land Use designated properties located on the south side of Palomar Airport Road in proximity to Hidden Valley Road and Aviara Parkway be land use designated from Planned Industrial to Office. While not an implementation project associated with the General Plan update, this request will accomplish a portion of this objective. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. General Plan Land Use Element – Office Land Use Designation; B. Office Zone (O) (Carlsbad Municipal Code Chapter 21.27); C. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); D. Commercial/Visitor-Serving Overlay Zone; E. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone and the Coastal Resource Protection Overlay Zone; and F. Local Facilities Management Plan Zone 5. GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER August 7, 2013 Page 3 The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The properties located adjacent to and southerly of Palomar Airport Road are General Plan Land Use designated Planned Industrial (PI) and Open Space (OS). This application is a request to change the Planned Industrial Land Use designation of the property located on the southeasterly corner of Palomar Airport Road and Hidden Valley Road to an Office Land Use designation. The roughly 1.2 acre OS portion of the property is not proposed to change. The office uses permitted by the Planned Industrial Land Use designation and the Office Land Use designation are very similar. The primary difference is that the Office land use permits medical uses and related commercial uses that cater to the general public. The Office Land Use designation is often used to provide a buffer between retail commercial areas and residential development. The location of the existing development in the Encinas Creek valley is such that there are no commercial or residential uses directly adjacent. The existing Planned Industrial land uses are professional office uses or are conditionally permitted uses (gym) and would be compatible with office uses of the proposed Office land use designation. Palomar Airport Road, a prime arterial, provides primary access to the property with Hidden Valley Road and Aviara Parkway providing direct access to the properties. The project complies with all the applicable elements of the General Plan as illustrated in Table A below: TABLE A – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use A City that provides for the development of compatible and convenient office and related commercial uses and the promotion of economic development strategies for Office development. Office uses within existing and proposed buildings provide office and related commercial uses and services and economic and employment opportunities to the community. Yes Circulation Require new development to construct roadway improvements needed to serve proposed development. Prior to the issuance of a building permit for any future project on this site, the project applicant shall be required to pay a fair share contribution to the southbound right turn lane at Paseo Del Norte and Palomar Airport Road. This will ensure that adequate roadway improvements will exist to serve the project. Yes GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER August 7, 2013 Page 4 TABLE A – GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Noise To achieve noise compatibility between office and surrounding land uses. Existing conditions of approval of already approved SDP 97-25 et.al. includes noise mitigation measures (i.e. building improvements and notice to owners/tenants) to attenuate interior noise to an acceptable level (50dbA). Yes Public Safety Minimize noise and safety hazards within areas around the airport. The project is consistent with the ALUCP as discussed in Section “C” of the staff report, subject to implementation of already approved mitigation measures for SDP 97-25 et.al. Yes B. Office Zone The Planned Industrial, Qualified Development Overlay (P-M-Q) zoned portion of the property is proposed to be rezoned to Office (O). The existing Open Space zoned portion is not proposed to change. The proposed new Office Land Use designation would be compatible with and implemented by the new Office zoning designation therefore they are consistent. The Office zone permits professional offices and closely related commercial uses. A Qualified Development Overly Zone is not required as the Office Zone has a requirement that a Site Development Plan be processed for every project (CMC 21.27.040) in accordance with the provisions of the Qualified Development Overly Zone (CMC 21.06). C. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The ALUCP was adopted on March 4, 2010 and all projects within its boundary are required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and Overflight. Noise Compatibility The purpose of the noise compatibility policies are to avoid the establishment of new incompatible land uses and exposure of the users to levels of aircraft noise that can disrupt the activities involved. Noise compatibility is evaluated pursuant to the policies and noise contours as set forth in the ALUCP, Section 3.3 Noise Compatibility Policies for McClellan-Palomar Airport. References in this staff report will be made to Table III-1 and Exhibit III-2 of that Section which are incorporated herein by reference. Buildings within this project are located within two Noise Exposure Ranges: 60 – 65 dB CNEL and 65 – 70 dB CNEL pursuant to Exhibit III-1 of the ALUCP. GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER August 7, 2013 Page 5 The land use category for this site, for purposes of determining noise impacts, includes “office buildings and medical clinics.” For the area of the project that is exposed to 60 – 65 dB CNEL, no special noise mitigation is required. For that portion of the site exposed to 65 – 70 dB CNEL, interior noise levels must be attenuated to 50dB CNEL. Standard construction methods typically achieve an interior noise level of 50dB CNEL. Future projects would need to provide sound attenuation to meet this requirement. Additionally, pursuant to Section 2.11.5 of the ALUCP, an Avigation Easement is required for any project situated on a site lying within a projected 65dB CNEL noise contour. The Avigation Easement is required to be dedicated to the entity that owns the airport. With the prior project approvals of SDP 97-25, an Avigation easement has already been recorded with the County of San Diego against the property on November 9, 2000 by Document No. 2000-0609460. Staff has found that this project complies with all applicable noise policies of the ALUCP. Airspace Protection Compatibility The purpose of the Airspace Protection compatibility policies are to ensure that structures and other uses of the land do not cause hazards to aircraft in flight within the Airport vicinity. Hazards to flight include: Physical obstructions to the navigable airspace; wildlife hazards such as bird strikes; and land uses that create visual or electronic interference with aircraft navigation or communication. The airspace protection policies of the ALUCP rely primarily upon regulations enacted by the FAA and the State of California. Basically, the regulations require notification of the FAA of any proposed construction that could interfere with aircraft flight patterns. A component of a project containing any structure or objects that may exceed the height standards defined in the FAA’s Part 77, Subpart C, must submit notification of the proposal to the FAA. This project is within the boundaries of the notification area pursuant to Exhibit III-3 of the ALUCP incorporated herein by reference. As such, any future development project will be conditioned such that an FAA notification and a non-hazard determination are provided prior to the issuance of a building permit. The applicant has provided a determination of no hazard to air navigation from the FAA for a 36 foot tall building that shows that the structure does not exceed obstruction standards and would not be a hazard to air navigation. Staff has determined that this project meets all requirements of the Airspace Protection policies of the ALUCP. Overflight Compatibility The purpose of the Overflight compatibility policies of the ALUCP are to help notify people about the presence of overflights near airports so that they can make an informed decision regarding acquisition or leasing of property, especially residential properties, in the affected area. The Overflight policies are contained in Section 3.6 and the Notification Area is depicted on Exhibit III-4 of the ALUCP. Although this project is within the Airport Overflight Notification Area, it is a non-residential development and the recordation of an overflight notification is not required. However, a notice concerning aircraft environmental impacts has been recorded against the property on July 20, 2000 as a condition of the prior project’s approval. GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER August 7, 2013 Page 6 Safety Compatibility The purpose of the Safety compatibility policies are to minimize the risks of an off-airport aircraft accident or emergency landing to people and property on the ground close to the airport and to people on board an aircraft. Safety criteria relates primarily to “usage intensity” of people on a site as projected by a particular land use type. “Usage intensity” is defined as the maximum number of people per acre that can be in a given area at any one time. If a proposed use exceeds the maximum intensity, then it is considered inconsistent with the safety compatibility policies of the ALUCP. Six separate safety zones (Zones 1-6) are defined by the ALUCP. Each zone has maximum intensity levels for each zone. Zone 1 is the boundary of the Runway Protection Zone (RPZ) and is the most restrictive of the safety zones. Increased intensity is permitted with each higher safety zone with Zone 6 being the least restrictive. Contained within Section 3.4 of the ALUCP and incorporated herein by reference are Table III-2, Safety Compatibility Land Use Matrix, and Exhibit III-2, the Safety Compatibility Map. Exhibit III-2 depicts the safety zones for the land surrounding McClellan-Palomar Airport. Table III-2 is a matrix that sorts land uses by specific categories and defines maximum usage for each land use category by safety zone. The project site is contained within safety zones 4 and 6. The proposed uses for this project are defined by Table III-2 as “Office Buildings: professional services, doctors, financial, civic.” The ALUCP identifies office and medical uses within Safety Zone 6 as compatible and within Safety Zone 4 as conditionally compatible with airport uses, provided that the people per acre is limited to 130 people. The method for determining usage intensity based on required parking standards are as follows. First, the parking space demand must be determined for the proposed land uses. For this project, the office building has a parking demand of 1 parking space per 200 square feet of gross floor area (which is the medical office parking standard per Section 21.44.020 of the Carlsbad Municipal Code). Next, a Vehicle Occupancy Ratio (average number of people per vehicle) is determined by using the guidelines provided in Appendix D of the ALUCP. An office use category has a projected Vehicle Occupancy range of 1.5 to 1.7 average people per vehicle. Staff uses the more conservative value of 1.7 persons per vehicle. Once the parking demand and the vehicle occupancy ratio are defined, the usage intensity is determined within the safety zone to ensure compliance with the policies of the ALUCP. A measurement of usage intensity is shown in Table C: TABLE C – PROJECT INTENSITY Airport Use Zone Use Gross Building Sq. Ft. Parking Ratio Parking Req'd People per Vehicle Ratio Total People Per Use Per zone Zone Acreage Calculated People Per Acre Allowed People Per Acre 4 Office 100,000 0.005 (1/200) 500 1.7 850 7.5 114 130 GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER August 7, 2013 Page 7 Based on Required Parking Spaces methodology, this project complies with the safety criteria of usage intensity of the ALUCP since the calculated People/Acre (114) is less than the Allowed People/Acre (130). The intensity is assumed over the whole site. The southern portions of the building sites are located in Safety Zone 6 where there are no intensity restrictions. D. Commercial/Visitor-Serving Overlay Zone The project site is located within the Commercial/Visitor-Serving Overlay Zone. Because the property has been developed or approved for development with Office buildings, which are a permitted use within the proposed Office zone, the project is not subject to the provisions of the Overlay Zone. E. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone and the Coastal Resource Protection Overlay Zone The subject property is located in the Mello II Segment of the City's Local Coastal Program (LCP). The proposed LCPA is necessary to change the LCP Land Use designations from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS) and to change the LCP Zoning designations on the property from Planned Industrial (PM) and Open Space (OS) to Office (O) and Open Space (OS). The proposed LCP Land Use and Zoning changes are consistent with the proposed General Plan Land Use and City Zoning designation changes. Otherwise, the policies of the Mello II Land Use Plan emphasize topics such as preservation of agricultural and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed LCP Land Use and Zoning changes to the project site from Planned Industrial (PI)/(PM) and Open Space (OS) to Office (O) and Open Space (OS) are consistent with the policies contained in the Land Use Plan for the Mello II Segment of the LCP. Since the previous project included preservation of the Encinas Creek area and associated habitat buffer area, no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur. The property was designated as coastal agricultural land and has paid the agricultural conversion mitigation fee with the original development of the project. The LCPA for this project was noticed for a State mandated six-week public notice of availability review period, from July 13, 2012 and ending on August 24, 2012. No comments were received during the comment period. The project is within the appeal jurisdiction of the California Coastal Commission as it is with 100 feet of a wetland. Given the above, the proposed project is consistent with the Mello II Segment of the LCP. F. Local Facilities Management Plan Zone 5 A Local Facilities Management Plan (LFMP) has been previously prepared and adopted for Zone 5 pursuant to the requirements of the Growth Management Ordinance, Chapter 21.90 of the Municipal Code. The project will be in compliance with the required performance standards by satisfying the general and special conditions listed in the LFMZ plan. A portion of the project site was developed with a 50,000 square foot Office building. The potential increase in office space is 50,000 square feet with the development of the vacant pad. Facilities impacts are calculated the same between Industrial professional office and commercial office type uses, GPA 12-01/ZC 12-01/LCPA 12-02 – KELLY CORPORATE CENTER August 7, 2013 Page 8 except for traffic generation which is greater and for which a mitigation measure is required to be implemented. All required infrastructure is currently in place or would be required to be constructed with any future project to be constructed on this property. The facility demands of the build out of Local Facilities Management Zone 5 are based on a projection of future development within the zone. No development is proposed at this time and project specific impacts will be analyzed with a subsequent project. The project site does have entitlements for a 50,000 professional office building and those impacts were analyzed during the review of SDP 97-25. Because the uses are very similar, staff does not anticipate any facilities impacts with the proposed land use change. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19 of the Carlsbad Municipal Code), staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to greenhouse gasses and transportation and circulation from the development of the site with office land uses. Mitigation measures have been placed as conditions of approval for the project and will be implemented by the developer prior to the issuance of any future grading or building permits on the property such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. Comment letters were received from the Native Americans and Caltrans during the 30-day public review period from May 24, 2013 to June 25, 2013. ATTACHMENTS: 1. Planning Commission Resolution No. 6991 (MND) 2. Planning Commission Resolution No. 6992 (GPA) 3. Planning Commission Resolution No. 6993 (ZC) 4. Planning Commission Resolution No. 6994 (LCPA) 5. Location Map 6. Background Data Sheet 7. Disclosure Statement SITE MAP • N NOT TO SCALE Kelly Corporate Center GPA 12-01 / ZC 12-01 / LCPA 12-02 Revised 01/06 BACKGROUND DATA SHEET CASE NO: GPA 12-01/ZC 12-01/LCPA 12-02 CASE NAME: KELLY CORPORATE CENTER APPLICANT: The Allen Group REQUEST AND LOCATION: General Plan Amendment to change the General Plan Land Use from Planned Industrial (PI) and Open Space (OS) to Office (O) and Open Space (OS), a Zone Change to change the zoning from Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS), to Office (O) and Open Space (OS) and a Local Coastal Program Amendment on a 7.5 acre site with an existing 60,000 square foot office building and vacant lot with approvals for another 60,000 square foot office building located at the southeast corner of Palomar Airport Road and Hidden Valley Road in Local Facilities Management Zone 5 LEGAL DESCRIPTION: Parcels 1, 2 and 3 of Parcel Map No. 19207, 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 9, 2003 as file no. 2003-0402795 of Official Records APN: 212040-67, 68, and 69 Acres: 7.5 Proposed No. of Lots/Units: 0 GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial (PI) and Open Space (OS) Proposed Land Use Designation: Office (O) and Open Space (OS) Density Allowed: N/A Density Proposed: N/A Existing Zone: Planned Industrial, Qualified Development Overlay Zone (P-M-Q) and Open Space (OS) Proposed Zone: Office (O) and Open Space (OS) Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-M-Q P-I Professional Office/Vacant pad/Open Space North OS OS Golf Course/Open Space South R-1-Q Residential Medium (RM) Residential Single Family East P-M PI Professional Office West P-M PI Professional Office LOCAL COASTAL PROGRAM Coastal Zone: Yes No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No Local Coastal Program Amendment: Yes No Existing LCP Land Use Designation: PI/OS Proposed LCP Land Use Designation: O/OS Existing LCP Zone: P-M/OS Proposed LCP Zone: O/OS □ Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Negative Declaration, issued May 20, 2013 Certified Environmental Impact Report, dated Other, ( i~!- ~ CITY Qf DISCLOS'li.U~E STATEMENT P-1,(A) @,e;11elop.m.e11,t s,,u,yices l!l■Mllll•Dlvllion li35'F1'11d1y,,,...eowe (1fi6}1&1li!-461Q WWW;car:Jlbadta.gav CARLSBAD :A1Jplica111:s st,alemenl 01' disGlosw:e of cerll!irn ~nership il'llelfllsts om au applicaUons which wim ,~e di~eliOAaf¥ aGliQIII on Ille part 0Mhe Gity eouncU or any appoillleil Boaro, Commission ,0r <l:0llllllillee. ]lie f011ewlng imformatioll ll!i!!i[ f;)e illsclose!il at the lime of appYcalion submittal. 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Non ProfiVTrust,_________ Non ProfiVTrust. _________ _ Title. ___________ _ Title. _____________ _ Address __________ _ Address ------------- Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Oves If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. information is true and correct to th Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1 (A) Pogo 2 of2 Revised 07/10