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HomeMy WebLinkAboutAMEND 2018-0009; OMWD TEMPORARY TRAILERS; Admin Decision LetterFILE March 22, 2019 Ccityof Carlsbad Kimberly Thorner Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 SUBJECT: AMEND 2018-0009 (DEV02001) -OMWD TEMPORARY TRAILERS -Request for approval of an amendment to Minor Conditional Use Permit CUP 2017-0005 (AMEND 2018-0009) to allow 24 additional temporary mobile office buildings pursuant to Carlsbad Municipal Code (CMC) Section 21.42.140.8.90 for a maximum period of five years on an approximately 9.7-acre site located at 1966 Olivenhain Road, in the Office (0) Zone and Local Facilities Management Zone 11. Dear Ms. Thorner, The City Planner has completed a review of your application for an amendment to Minor Conditional Use Permit CUP 2017-0005 (AMEND 2018-0009) to allow 24 additional temporary mobile office buildings for a maximum period of five years during construction of the approved permanent facilities at 1966 Olivenhain Road. 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 February 25, 2019). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting an amendment to a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that in that the proposed use of 24 additional temporary mobile buildings (as defined in CMC Section 21.04.26S) at 1966 Olivenhain Road will benefit the community by maintaining operations on a single site during construction of permanent facilities rather than expanding offsite, thereby reducing operating costs. The mobile buildings are in harmony with the General Plan Land Use Designation because the use will be office space which is permitted In the Public {P) land use designation. In addition, the request does not conflict with the existing land use entitlements for the site. 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 in that this amendment to Conditional Use Permit CUP 2017-000S (AMEND 2018-0009) will comply with the Development Standards and Special Regulations for Mobile Buildings pursuant to CMC 21.42.140.B.90 as described below: Community & Economic Development Planning Division f 1635 Faraday Avenue Carlsbad, CA 92008-7314 f 760-602-4600 f 760-602-8560 ff www.carlsbadca.gov AMEND 2018-0009 -OMWD TEMPORARY TRAILERS March 22, 2019 Pa e 2 a. The mobile buildings shall be occupied by a permitted or conditional use allowed in the zone in which it is placed. The project site is zoned Office (O) and pursuant to CMC Section 21.27.020 offices for human occupation used for professional purposes are a permitted use. The addition of 24 temporary mobile buildings to the existing two temporary mobile buildings satisfies this requirement by functioning as office space for Olivenhain Municipal Water District {OMWD) employees displaced during construction of approved permanent facilities on site. b. The occupancy shall be limited to a five-year term, unless extended by the appropriate decision- maker. The temporary mobile buildings will be permitted onsite for a term of up to five years or until OMWD constructs approved permanent structures, whichever occurs first. c. Newly placed mobile buildings shall not be installed on permanent foundations. The temporary mobile buildings will not be installed on permanent foundations, and will have the capability to mobilize when the amended Conditional Use Permit is null and void. However, this amendment is conditioned to designate the temporary mobile buildings to a fixed location onsite as shown on Exhibit "A". d. All mobile buildings shall have wood or stucco siding and must be installed with skirting to screen the chassis, wheels, and temporary foundation system. The proposed 24 temporary mobile buildings have wood siding and skirting which integrates closely with the surrounding temporary and permanent office structures and maintains a professional appearance. e. All mobile buildings must meet all applicable local, state, and federal codes including, but not limited to, manufacturer's certificate of origin, current and valid registration tags, adequate accessibility for disabled persons, temporary foundation system design and installation, utility connections, and zoning requirements such as building height and setbacks. All 26 temporary mobile buildings are registered by the California Department of Motor Vehicles with valid registration tags, comply with California Building Codes including accessibility, and comply with zoning requirements including building height and setbacks. 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 in order to integrate the use with other uses in the neighborhood in that the project site is approximately 9.7 acres which is adequate in size to accommodate the temporary mobile buildings. Mature landscaping along Olivenhain Road shields the mobile buildings from public view and surrounding uses. No additional development, parking spaces or loading facilities are required. Lastly, the mobile buildings will not impact the hardline Habitat Management Plan preserve open space to the south of the project site. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the addition of 24 temporary mobile buildings is to accommodate the existing water district staff while demolition and construction of the district's administration building is proceeding. Therefore, the existing levels of service on Olivenhain Road and Rancho Santa Fe Road will not be impacted. 5. 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 AMEND 2018-0009 -OMWD TEMPORARY TRAILERS March 22, 2019 Pa e 3 therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 -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. 6. That the request for a Minor Conditional Use Permit Amendment was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 7. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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. Approval is granted for AMEND 2018-0009 as shown on Exhibit "A" dated March 18, 2019 on file in the Planning Divisi.on and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 Minor Conditional Use Permit Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the AMEND 2018-0009 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. 4. The 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 Minor Conditional Use Permit Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. AMEND 2018-0009 -OMWD TEMPORARY TRAILERS March 22, 2019 Pa e 4 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. CUP 2017-0005 as amended by AMEND 2018-0009 shall be reviewed by the City Planner on a yearly basis 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 minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor 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 hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 8. This Minor Conditional Use Permit Amendment is granted for the same period of time as CUP 2017- 0005, years from March 19, 2019 through September 5, 2022. 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. This permit may be extended for a reasonable period of time not to exceed five (5) years, unless determined otherwise by the decision-maker per Carlsbad Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner/Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. 9. 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 Minor Conditional Use Permit Amendment, (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. 10. 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 AMEND 2018-0009 -OMWD TEMPORARY TRAILERS March 22, 2019 Pa e 5 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. 11. Within 60 days of this approval owner/applicant shall obtain building permits for the additional 24 temporary mobile buildings. Failure to do so shall render this approval null and void. 12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which. is shown on the permit application. Code Reminders: 13. This approval is granted subject to the conditions of CUP 02-01 and CUP 2017-0005 contained in Planning Commission Resolution No. 5535 and the administrative approval letter dated September 5, 2017, respectively, for those other approvals incorporated herein by reference. 14. 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. AMEND 2018-0009 -OMWD TEMPORARY TRAILERS March 22, 2019 Pa e 6 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 to contact Paul Dan at (760) 602-4614. Sincerely, DON NEU, AICP City Planner DN:PD:mf c: Teri Delcamp, Principal Planner Tim Carroll, Project Engineer HPRM/File Copy Data Entry