HomeMy WebLinkAbout2017-04-25; City Council; Resolution 2017-068EXHIBIT 1
RESOLUTION NO. 2017-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA,APPROVING A MAJOR REVIEW PERMIT AND COASTAL
DEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF A TWO-
STORY 4,714 SQUARE FOOT BUILDING FOR STUDENT MEETING AND
EXHIBITION SPACE AT THE SOUTH END OF THE ATHLETIC COMPLEX AT 2800
CARLSBAD BOULEVARD IN DISTRICT 9 OF THE VILLAGE REVIEW ZONE, THE
VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM, AND WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME:ARMY & NAVY ACADEMY STUDENT ENRICHMENT CENTER
CASE NO.:RP 16-12/CDP 16-28 (DEV 16-034)
WHEREAS,the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on March 15,2017, hold a duly
noticed public hearing as prescribed by law to consider Major Review Permit No.RP 16-12 and Coastal
Development Permit No.CDP 16-28,as referenced in Planning Commission Resolution No.7231
recommending to the City Council that it be approved; and
WHEREAS the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Major Review Permit and Coastal Development Permit; and
WHEREAS at said public hearing, upon hearing and considering all testimony and arguments,if
any,of all persons desiring to be heard, the City Council considered all factors relating to the Major
Review Permit and Coastal Development Permit.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,as
follows:
1.That the above recitations are true and correct.
2.That the recommendation of the Planning Commission for the approval of Major Review
Permit No. 16-12 and Coastal Development Permit No.CDP 16-28, is approved, and that
the findings and conditions of the Planning Commission contained in Planning
Commission Resolution No. 7231 on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council.
3.This action is the final the date this resolution is adopted by the City Council.The
Provisions of Chapter 1.16 of the Carlsbad Municipal Code,"Time Limits for Judicial
Review" shall apply:
EXHIBIT 1
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 25th day of April, 2017, by the following vote, to wit:
AYES:M. Hall,K.Blackburn, M. Schumacher,C.Schumacher, M. Packard.
NOES:None.
ABSENT:None.
MATTgLL, Mayor
BARBA A ENGLESON, City k
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EXHIBIT 3
1 PLANNING COMMISSION RESOLUTION NO. 7231
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD,CALIFORNIA,RECOMMENDING APPROVAL OF A MAJOR
3 REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR
4 THE CONSTRUCTION OF A TWO-STORY 4,714 SQUARE FOOT BUILDING
•
FOR STUDENT MEETING AND EXHIBITION SPACE AT THE SOUTH END OF
5 THE ATHLETIC COMPLEX ON PROPERTY GENERALLY LOCATED AT 2800
CARLSBAD BOULEVARD IN THE VILLAGE SEGMENT OF THE LOCAL
6 COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 1.
7 CASE NAME:ARMY AND NAVY ACADEMY STUDENT ENRICHMENT
CENTER
8 CASE NO:RP 16-12/CDP 16-28
9 WHEREAS,the Army and Navy Academy,"Owner/Developer,"has filed a verified
10 application with the City of Carlsbad regarding property described as
11 Minor Subdivision No.12-04,in the City of Carlsbad,County of San
Diego, State of California, according to Parcel Map No. 21046, filed in
12 the Office of the County Recorder of San Diego County on May 7, 2013
13
(
•"the Property"); and
14 WHEREAS,said verified application constitutes a request for a Coastal Development
15
Permit as shown on Exhibits "A"—"T" dated February 15, 2017, attached hereto and on file in the Carlsbad
16
Planning Division,RP 16-12/CDP 16-28 —ARMY AND NAVY ACADEMY STUDENT ENRICHMENT CENTER,
17
as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and
18
WHEREAS,the Planning Commission did, on March 15, 2017, hold a duly noticed public
19
hearing as prescribed by law to consider said request;
20
WHEREAS,at said public hearing,upon hearing and considering all testimony and
21
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
22
23 the Coastal Development Permit.
24 NOW, THEREFORE,BE IT HEREBY RESOLVED by the Planning Commission of the City of
25 Carlsbad,as follows:
26 A)That the above recitations are true and correct.
27 B)That based on the evidence presented at the public hearing,the Commission
RECOMMENDS APPROVAL of RP 16-12/CDP 16-28 —ARMY AND NAVY ACADEMY
28 STUDENT ENRICHMENT CENTER,based on the following findings and subject to the
following conditions:
Item -7 April 25, 2017 Page 6 of 48
1
Findings:
2
Major Review Permit RP 16-12
3
1.The PlanningCommission finds that the project,as conditioned herein,is in conformance with the
4 Elements of the City's General Plan, based on the facts set forth in the staff report dated February
15, 2017 including, but not limited to the following:
5
A.Goal 2 -G.29:Maintain and enhance the Village as a center for residents and visitors with
6 commercial, residential, dining, civic, cultural, and entertainment activities.
7 Policy 2-P.72:Enhance the walkability and pedestrian orientation of the Village, including
along Carlsbad Village Drive, to enhance the small, beach town atmosphere and improve
8 access to and utilization of transit.
9 The proposed project is consistent with the goals/policies for the Village because it
enhances an existing educational institution in an accepted location within the Village.
10 The project reinforces the pedestrian orientation desired for the downtown area
because the Student Enrichment Center's and school's proximity to the Village provides
11 the students and its employees an opportunity to walk to shopping, recreation, and
mass transit functions.The Army and Navy Academy assists in encouraging
12 complementary uses in the Village and adding diversity to the Village population that
helps create and/or enhance a more lively and interesting social environment.
13
B.Policy 7-P.28:Support efforts by the Carlsbad Unified School District,other school
14 districts that serve Carlsbad residents,and childcare service providers to establish,
maintain, and improve educational facilities.
15
The proposed building will provide the Army and Navy Academy students an additional
16 place to meet in groups and have exhibition space for special projects and the
academy's achievements.It will also provide a gathering space for alumni during
17 special events held on the athletic field.
18 2.That the project is consistent with the Village Review Zone and the Village Master Plan and Design
Manual in that the project as designed is consistent with the development standards for Land
19 Use District 9, the Village Design Guidelines, Army and Navy Academy Master Site Plan and
other applicable regulations set forth in the Village Master Plan and Design Manual as discussed
20 in the staff report dated February 15, 2017.
21 Coastal Development Permit CDP 16-28
22 3.That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the development consists of a new student enrichment center, and
23 the development is consistent with the Carlsbad Village Master Plan,which serves as the
Certified Local Coastal Program for the City of Carlsbad Village Segment of the California Coastal
24 Zone.The proposed building is compatible with the existing athletic facility and the surrounding
development of single-family residences and a mixed-use development.The proposed
25 development 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
26 currently exist on the site, nor are there any sensitive resources located on the property.The
project site is not located in an area of known geologic instability or flood hazard.The site is
27 located in close proximity to the coast, but no public opportunities for coastal shoreline access
are available from the subject site. The site is not suited for water-oriented recreation activities.
28
PC RESO NO. 7231
Item -7 April 25, 2017 Page 7 of 48
1
4.The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
2 Coastal Act in that the site is not located adjacent to the shore.Therefore, the development will
not interfere with the public's right to physical access to the ocean and the site is not suited for
3 water-oriented activities.
4
5.The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
5 (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
6 Runoff Management Program (JRMP)to avoid increased urban runoff,pollutants,and soil
erosion.No steep slopes or native vegetation is located on the subject property and the site is
7 not located in an area prone to landslides,or susceptible to accelerated erosion,floods,or
liquefaction.
8
California Environmental Quality Act
9
6.The City Planner has determined that the project belongs to a class of projects that the State
10 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
11 documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development
project.In making this determination, the City Planner has found that the exceptions listed in
12 Section 15300.2 of the State CEQA Guidelines do not apply to this project.
13 General
14
7.The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
15 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
16 improvements regarding:sewer collection and treatment;water;drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
17 open space,related to the project will be installed to serve new development prior to or
concurrent with need.Specifically,
18
A.The project has been conditioned to provide proof from the Carlsbad Unified School
19 District that the project has satisfied its obligation for school facilities.
20 B.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.
21
22 C.The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
23
8.That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
24 Ordinance (Carlsbad Municipal Code Chapter 18.50).
25 9.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
26 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.
27
28
PC RHO NO. 7231
Item •7 April 25, 2017 Page 8 of 48
1
Conditions:
2
3
General
4 NOTE:Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit,
or building permit, whichever comes first; or pursuant to an approved construction schedule at
5 the discretion of the appropriate division manager or official.
6 1.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
7 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,
8 from (a)City's approval and issuance of this Major Review Permit/Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary,
9 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
10 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
11 even if the City's approval is not validated.
12 2.If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
13 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
14 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;
15 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
16 by Developer or a successor in interest by the City's approval of this Major Review Permit/Coastal
Development Permit.
17
3.Staff is authorized and directed to make, or require the Developer to make, all corrections and
18 modifications to the Major Review Permit/Coastal Development Permit documents,as
necessary to make them internally consistent and in conformity with the final action on the
19 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.
20
4.Developer shall comply with all applicable provisions of federal,state,and local laws and
21 regulations in effect at the time of building permit issuance.
22 5.If any condition for construction of any public improvements or facilities, or the payment of any
23 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
24 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.
25
6.Prior to submittal of the building plans, improvement plans, or grading plans, whichever occurs
26 first, developer shall submit to the City Planner,a 2411 x 36" copy of the Site Plan, conceptual
grading plan and preliminary utility plan reflecting the conditions approved by the final decision
27 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
28 approved exhibits shall fulfill this condition.
PC RESO NO. 7231
Item #7 April 25, 2017 Page 9 of 48
1
7.Prior to the issuance of a building permit, the Developer shall provide proof to the Building
2 Division from the Carlsbad Unified School District that this project has satisfied its obligation to
3 provide school facilities.
4 8.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
5 the issuance of building permits.
6 9.This approval shall become null and void if building permits are not issued for this project within
24 months from the date of approval by the City Council.
7
10.Prior to the issuance of the building permit,Developer shall submit to the City a Notice of
8 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
9 interested parties and successors in interest that the City of Carlsbad has issued a Major Review
Permit/Coastal Development Permit by Resolution No.7231 on the property.Said Notice of
10 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
11 inclusion in the Notice of Restriction.The City Planner has the authority to execute and record an
12 amendment to the notice which modifies or terminates said notice upon a showing of good cause
by the Developer or successor in interest.
13 11.Building permits will not be issued for this project unless the local agency providing water and
14 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
15 building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
16
12.Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
17 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
18 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
19 the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
20
13.Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
21 showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
22 Manual.Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
23 and debris.
24 14.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,
25 improvement, and grading plans.
26 15.All roof appurtenances,including air conditioners,shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets,in substance
27 as provided in Building Department Policy No.80-6,to the satisfaction of the Director of the
Community and Economic Department.
28
PC RESO NO. 7231
Item #7 April 25, 2017 Page 10 of 48
1
16.No outdoor storage of material shall occur onsite unless required by the Fire Chief.When so
2 required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
3
4 Engineering:
5 NOTE:Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit,
or building permit, whichever comes first; or pursuant to an approved construction schedule at
6 the discretion of the appropriate division manager or official.
7 General
8 17.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
9 haul route.
10 18.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
11 adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
12
13 Fees/Agreements
14 19.Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
15
Grading
16
20.Prior to the issuance of a precise grading permit or a building permit, developer shall cause the
17 property owner to complete all work shown on DWG 476-5 and 476-5A.Construction revisions
to the approved drawings, if needed, shall be submitted for review and approval by the city
18 engineer.As-built drawings shall be submitted to and approved by Construction Management
and Inspection.
19
21.Supplemental grading plans are required for precise grading associated with this project.
20 Developer shall prepare, and submit for approval, grading plans for the precise grading as shown
on the site plan all subject to city engineer approval.
21
22 Storm Water Quality
23 22.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
24 not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction,general housekeeping practices,pollution prevention and educational practices,
25 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
26 maximum extent practicable.Developer shall notify prospective owners and tenants of the above
requirements.
27
23.Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
28 Level and Construction Threat Level Form pursuant to City EngineeringStandards. Developer shall
PC RESO NO.7231 -6-
Item •7 April 25, 2017 Page 11 of 48
1
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
2 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
3 schedule.
4 24.Should this project meet 'Priority Development Project' criteria,Developer shall prepare and
5 process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to
comply with the Carlsbad BMP Design Manual latest version.The final SWQMP required by this
6 condition shall be reviewed and approved by the city engineer with final grading plans.Developer
shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule.
7
25.Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
8 landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
9
26.Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
10 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,
11 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
12 areas,preventing illicit discharges into the storm drain and adding storm drain stenciling or
13 signage all to the satisfaction of the city engineer.
14 Utilities
15 27.Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire
hydrant locations, building sprinklers) required to serve the project.Fire hydrants,if proposed,
16 shall be considered public improvements and shall be served by public water mains to the
satisfaction of the district engineer.
17
28.The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
18 source and prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
19
29.Developer shall install potable water and/or recycled water services and meters at locations
20 approved by the district engineer.The locations of said services shall be reflected on public
improvement plans.
21
22 30.The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer.The locations of sewer laterals shall be reflected on public improvement plans.
23 Code Reminders
24
The project is subject to all applicable provisions of local ordinances, including but not limited to the
25 following:
26 31.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 the time of building permit
27 issuance, except as otherwise specifically provided herein.
28
PC RESO NO. 7231
Item •7 April 25, 2017 Page 12 of 48
1
32.Premise identification (addresses)shall be provided consistent with Carlsbad Municipal Code
2 Section 18.04.320.
3 33.Any signs proposed for this development shall at a minimum be designed in conformance with
4 the approved plans and the sign criteria contained in the Village Master Plan and Design Manual
and shall require review and approval of the City Planner and issuance of a sign permit prior to
5 installation of such signs.
i
6 34.Developer shall pay applicable 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.
7
35.Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
8 13.10 of the City of Carlsbad Municipal Code,respectively.The Average Daily Trips (ADT)and
floor area contained in the staff report and shown on the site plan are for planning purposes only.
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PC RESO NO.7231 -8-
Item #7 April 25, 2017 Page 13 of 48
1
2 NOTICE
3 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."
4
You have 90 days from date of final approval to protest imposition of these fees/exactions.If you protest
5 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
6 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.
7
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
8 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
9 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.10
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PC RESO NO. 7231 -9-
Item •7 April 25, 2017 Page 14 of 48
1
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
2
the City of Carlsbad, California, held on March 15, 2017, by the following vote, to wit:
3
4 AYES:Chairperson Segall, Commissioners Anderson, Black, Goya rts, L'Heureux,
Montgomery and Siekmann
5
NOES:
6
ABSENT:
7
ABSTAIN:
8
9
10
11 JE SEGALL,Chairperson
CARLSBAD PLANNING COMMISSION12
13 ATTEST:
14
15
DON NEU
16 City Planner
17
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Item ••7 PC RESO NO. 7231 -10-April 25, 2017 Page 15 of 48