HomeMy WebLinkAboutPUD 09-02B; LIFE TECHNOLOGIES; Admin Decision LetterPlanning Division
June 30, 2011
Mr. Neal McFarlane
McF arlane Architects
6363 Greenwich Drive, Suite 140
San Diego, CA 92122
SUBJECT: PUD 09-02(8) -LIFE TECHNOLOGIES
www.carlsbadca.gov
The City has completed a review of the ;;ipplication for a Non-Residential Planned Development
Permit Amendment (2ND amendment to PUD 09-02) for Life Technologies, Inc., to reflect the request
to vacate Van Allen Way, to revise the existing reciprocal parking, access and maintenance
agreement between two existing buildings and a parking lot which spans three legal lots, and to
allow for a minor adjustment to surface parking quantities (i.e. loss of two parking stalls to facilitate
pedestrian access and connection between lots, not to exceed the 15% common parking facilities
reduction granted pursuant to PUD 09-02A). l"he Life Technologies Campus is addressed as 5781,
5791, and 5792 Van Allen Way.
It is the Planning Director's determination that based on the attached findings and conditions, the
project is consistent with the City's Parking and Non-Residential Planned Development regulations
(CMC Chapters 21.44 and 21.47, and the Carlsbad Research Center Specific Plan, SP 180F) and
with all other applicable City Ordinances and Policies.
This letter, including the listed findings and conditions, constitutes approval of PUD 09-02(8) as
shown on Exhibit "A"-"B" dated June 30, 2011, on file in the Planning Department and
incorporated herein by reference.
Findings:
1. That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted
plans of the City and other governmental agencies in that the existing research and
development uses comprised of the Life Technologies' buildings (i.e., 5781 and 5791
Van Allen Way) will remain and the revised reciprocal parking, access and
maintenance agreement associated with the existing uses and the proposed amenity
building are consistent with the C-M (Heavy Commercial) Zone and parking
regulations (including 15% reduction granted pursuant ·10 PUD 09-02A), Carlsbad
Research Center Specific Plan (SP 180F), and the Pl (Planned Industrial) General Plan
Land Use designation.
2. That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to t_he general long-term well-being of the
neighborhood and community, in that the project revises an existing reciprocal parking,
access and maintenance agreement between three legal lots, each of which is owned
by separate entities. The revised reciprocal parking, access, and maintenance
agreement will continue to provide greater flexibility for the company in complying
with parking requirements based on the existing and proposed uses, which are
compatible land uses within an existing industrial/office park area. In addition, the
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PUD 09-02(B) -LIFE TECHNOLOGIES
June 30, 2011
Page 2
revised reciprocal parking, access and maintenance agreement will allow for the
property owner to address maintenance responsibilities with respect to the request to
vacate Van Allen Way.
3. That such project will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the vicinity, in
that the loss of two parking stalls (reduction from 1,343 stalls to 1,341) to facilitate
pedestrian connections between the lots remains in compliance with the 15%
common facilities parking reduction (minimum of 1,331 parking stalls to be provided).
In addition, the recordation of the revised reciprocal parking, access and maintenance
agreement will allow for changes with respect to the shared parking and will reflect
the maintenance responsibilities associated with the request to vacate Van Allen Way.
The proposed improvements and revised reciprocal parking, access, and maintenance
agreement will meet all applicable city standards and ordinances. In addition, all
public facilities, services and adequate access currently exist.
4. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code
Section 14.28.020 and Landscape Manual Section I B) as well as the Carlsbad Research
Center Specific Plan (SP 1 BOF) landscape guidelines and requirements.
5. That the proposed non-residential planned unit development amendment meets all of the
minimum development standards of the underlying zone and the Carlsbad Research Center
Specific Plan (SP 180), in that no variances from development standards have been
requested or required.
6. That the Planning Director 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, of
the state CEQA Guidelines. In making this determination, the Planning Director has found
that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to
this project.
7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all .City public facility 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.
8. The Planning Director 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 reaso.nably 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 specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of the grading permit.
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, but not the obligation, to revoke or
PUD 09-02(8) -LIFE TECHNOLOGIES
June 30, 2011
Page 3
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 Non-Residential Planned Development Permit
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Non-Residential Planned Development Permit Amendment
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 provisions of federal, state, and local laws and
regulations in effect at the time of the issuance of the grading permit for the amenity
building which was approved as part of PUD 09-02.
4. If any conditions 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 Non-Residential Planned
Development Permit Amendment, and (b) City's approval or issuance of any permit or
• action, whether discretionary or non-discretionary, in connection with the use contemplated
herein. This obligation survives until all legal proceedings have been concluded and
continues even if the City's approval is not validated. This obligation survives until all legal
proceedings have been concluded and continues even if the City's approval is not validated.
6. Prior to issuance of the grading permit, the Developer shall submit to the Planning
Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions
approved by the final decision making body.
7. This approval shall become null and void if all conditions are not satisfied and the grading
permit is not issued within 36 months from the date of project approval.
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.
9. Approval is granted for PUD 09-02(8) as shown on Exhibits "A" -"B" dated June 30,
2011, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
PUD 09-02(8) -LIFE TECHNOLOGIES
June 30, 2011
Page4
10. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application or any transfer in ownership of the
site.
11. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When
so required, The Developer shall submit and obtain approval of the Fire Chief and the
Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan.
12. Concurrent with the recordation of the Revised Reciprocal Parking, Access and
Maintenance Agreement, Developer shall submit to the City a Notice of Restriction to be
filed in the office of the County Recorder, subject to the satisfaction of the Planning Director,
notifying all interested parties and successors in interest that the City of Carlsbad has issued
a Non-Residential Planned Development Permit Amendment on the subject properties.
Said Notice of Restriction shall note the property descriptions, 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 Planning Director 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.
13. The revised reciprocal parking, access and maintenance agreement shall be
submitted, reviewed as to form by the city, and signed by the property owners prior to
City Council approval of the vacation of Van Allen Way.
14. All conditions referenced in PUD 09-02 and PUD 09-02(A) shall apply and are
incorporated herein by reference.
15. The subject Non-Residential Planned Development Permit Amendment to revise the
existing Reciprocal Parking, Access and Maintenance Agreement applies solely to the
subject properties identified on Exhibit "A" -"B" dated June 30, 2011. The Revised
Reciprocal Parking, Access and Maintenance Agreement shall run with the land and a
transfer of ownership of one or more of the properties shall not affect the
enforceability of the Agreement (or the 15% parking reduction approved in association
with PUD 09-02A) so long as this Non-Residential Planned Development Permit
Amendment remains in effect.
16. All parking areas as shown on Exhibits "A" -"8" dated June 30, 2011, shall remain
accessible, striped, and available at all times for parking for the employees and guests
of 5781 and 5791 Van Allen Way as well as for the amenity building (APNs 212-130-44,
-45, and APN 212-130-49). Said parking areas shall not be utilized for outdoor storage
or any use other than parking.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a building or grading permit
whichever occurs first.
General
17. This approval is granted subject to all conditions contained in the Non-Residential Planned
Development Permit, PUD 09-02 and Non-Residential Planned Development Permit
Amendment, PUD 09-02(A}, and the plans approved in association with Consistency
Determination, CD 10-04.
.PUD 09-02(B) -LIFE TECHNOLOGIES
June 30, 2011
Page 5
18. The developer shall cause the property owner to process and obtain approval for a street
vacation of Van Allen Way.
19. The Developer shall cause the property owner to process and obtain approval for an
easement vacation of the existing public storm drain easement shown on the approved PUD
09-02(B) site plan.
20. The Developer shall submit to the city engineer a copy of the reciprocal parking, access and
maintenance agreement addressing the maintenance, repair, and replacement of shared
private improvements within this development, including but not limited to, private road
improvements and private street lights for Van Allen Way, and private storm drain facilities as
shown on the approved PUD 09-02(B) site plan.
21. The Developer shall coordinate with SDG&E and process a transfer for the two existing
street lights on Van Allen Way from the city to the property owner.
22. The Developer shall apply for and obtain an electrical permit for the new street light electric
meter from the Building Division. The Developer shall pay all applicable electrical permit
fees.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
23. 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.
24. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
PUD 09-02(B) -LIFE TECHNOLOGIES
June 30, 2011
Page 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 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.
If you have any further questions, please call Shannon Werneke in the Planning Department at (760)
602-4621.
CHRIS DeCERBO
Principal Planner
CD:SW:bd
c: Kevin Shields, Griffin Capital Corporation, 2321 Rosecrans Avenue, Suite 3290, El Segundo, CA 90245
Mararisk Carlsbad, LLC, c/o Wes Uhlman & Associates, 444 NE Ravenna Boulevard, Suite 400, Seattle,
WA 98115-6467
Jon Allen, 5791 Life Technologies, Inc., 5781 & 5791 Van Allen Way, Carlsbad, CA 92008
Jeremy Riddle, Project Engineer
Chris DeCerbo, Team Leader
Michael Elliot, PELA
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