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HomeMy WebLinkAboutCUP 2021-0018; TEMPORARY FIRE STATION NO. 7; Admin Decision Letter('Cityof Carlsbad December 20, 2021 ~~"ILE COPY /J(,u/e/ /2µ3/21 John Maashoff City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SUBJECT: CUP 2021-0018 (PUB 2021-0013) -Temporary Fire Station No 7 -Request for approval of a Minor Conditional Use Permit (CUP 2021-0018 (PUB 2021-0013); to locate two (2) temporary office trailers and a garage sprung structure on an existing parking lot and concrete slabs formally a NRG facility at 4600 Carlsbad Boulevard, in the Public Utility (P- U) Zone and Local Facilities Management Zone 3. Dear John Maashoff, The City Planner has completed a review of your application for a Minor Conditional Use Permit (CUP 2021-0018 (PUB 2021-0013) to locate two (2) temporary office trailers and a garage sprung structure on an existing parking lot and concrete slabs formally an NRG facility at 4600 Carlsbad Boulevard. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on Dec. 3, 2021). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting 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 the facility would occupy approximately 3.7 acres of an existing 89.38 acre developed site, this project would not result in an increase of land use intensity, and would not result in any new environmental impacts. The temporary station is necessary in order to provide fire and emergency response services to the western portion of the city. Although the city does not have permit authority for the Coastal Development permit because that is subject to the permit authority of the California Coastal Commission, the project can be found to be consistent with the Agua Hedionda Land Use Plan and the local coastal program. 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 temporary modular units are a permissible use within the Public Utility (P-U) zone with an approved minor conditional use permit. A fire station facility fits under the "Governmental Maintenance and Service Facilities" use category, and thus is permitted within the P-U zone. The project would not be detrimental to the existing surrounding uses because the surrounding area is already developed, the surrounding area already experiences a regular flow of vehicles traveling on Carlsbad Boulevard, and already experiences a noise level of 60-7Q+ C_NEL thus this project would not intensify the existing conditions. Community Developmen Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CUP 2021-0018 (PUB 2021-0013) -Temporary Fire Station No 7 December 20, 2021 Pa e 2 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 site is a 89.38 acre existing developed property with existing available parking, and utilities. The temporary structures cover a combined total of less than 6,000 square feet which amounts to less than 0.15 percent of the lot coverage allowed; fifty percent lot is coverage permissible within the P-U zone. The parking is located within the front and is set back more than ten feet from the property line. For these reasons, the temporary buildings can be adequately accommodated and meet all necessary development standards of the zone such as setbacks. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that access to the site is available on Carlsbad Boulevard which is designated by the General Plan as a "Coastal Street" and therefore constructed with the capacity to support a variety of vehicles including emergency vehicles. Coastal Streets are, "Designed to safely move all modes of travel while enhancing mobility for pedestrians and bicyclists. 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 therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 -"existing facilities", 15303 -"construction or conversion of small structures", 15303 (e), 15304 (f) -"minor alterations to land" 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. The project is consistent with 15301 (b) because it is located on a developed site with existing parking and utilities such as gas, sewer, water and electrical amenities. The project is consistent with Section 15303 (c) because the two temporary buildings that would house a maximum of seven staff members and would contain two offices are each less than 2,000 square feet and combined are less than 6,000 square feet. The project is consistent with Section 15303 (e) allows for an exemption of.accessory structures such as a garage. The project is consistent with 15304 (f) because there will be minor trenching conducted in order to connect to existing underground utilities and the surface would be restored. 6. That the request for a Minor Conditional Use Permit was adequately noticed at least ten {10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsba'd Municipal Code in that a notice was mailed on Nov. 23, 2021 more than the ten (10) calendar days required for public noticing. 7. The City Planner has reviewed each of the exactions imposed on the applicant 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: 1. Approval is granted for CUP 2021-0018 (PUB 2021-0013) as shown on Exhibits "AA -HH" dated December 20, 2021 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. CUP 2021-0018 (PUB 2021-0013) -Temporary Fire Station No 7 December 20, 2021 Pa e 3 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. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2021-0018 (PUB 2021-0013) 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 shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 5. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 6. CUP 2021-0018 (PUB 2021-0013) 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 existor 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. 7. This Conditional Use Permit is granted for a period of seven years from December 20th, 2021 through December 20th, 2028. 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 two 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. There is no limit to the number of extensions the City Planner/Planning Commission may grant. CUP 2021-0018 (PUB 2021-0013) -Temporary Fire Station No 7 December 20, 2021 Pa e4 8. 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 residential housing 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. 9: 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. 10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Transportation Engineering: 1. At the time of construction, temporary traffic controls for the purpose of emergency vehicles exiting the site, shall be installed on Carlsbad Boulevard to the satisfaction of the City Traffic Engineer. The temporary traffic controls shall remain in place while temporary Fire Station No 7 is in place at the site. Upon termination of use of the site as a Fire Station, the temporary traffic controls shall be removed and restored to its previous condition. The temporary traffic controls shall consist of: (a) KEEP CLEAR pavement legends on northbound and southbound Carlsbad Boulevard at the project driveway; (b) Wll-8 EMERGENCY VEHICLE signs with flashing beacons on northbound and southbound Carlsbad Boulevard, in accordance with CA MUTCD Section 4L.012{CA); (c) Temporary preemption equipment including pole-mounted optical infrared (IR) detector and radio unit, solar application, on the west side of Carlsbad Boulevard opposite the project access. Radio unit shall be installed at the intersection of Carlsbad Boulevard & Cannon Road to receive communications from the project access and provide early preemption for the traffic signal. Carlsbad Municipal Water District & Utilities: 1. Prior to connection of new private water and sewer services to existing private services, applicant shall submit the existing utility improvement plan showing the layout of existing private piping and the connections to the public water or sewer facilities. 2. Prior to connection of new private water and sewer services to existing private services, applicant shall submit the estimated water demand for the proposed facilities. 3. Upon completion of private water and sewer utility improvements, applicant shall provide as-built drawings of newly constructed water and sewer facilities to the City Engineer. Code Reminders: 1. 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. 2. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. CUP 2021-0018 (PUB 2021-0013) -Temporary Fire Station No 7 December 20, 2021 Pa e 5 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. 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 Christina M. Bustamante at (760) 602- 4644 or by email at christina.bustamante@carlsbadca.gov. Sincerely, ~~ Don Neu City Planner DN:CB:cf c: Eric Lardy, Principal Planner Emad Elias, Project Engineer Neil Irani, CMWD & Utilities Engineer John Kim, Transportation Engineering Laserfiche/File Copy Data Entry