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HomeMy WebLinkAboutPUD 15-09; Shea Industrial Bressi Ranch; Planned Unit Development - Non-Residential (PUD)June 4, 2015 .. Smith Consulting Architects Attn: Pete Bussett ;_,:• -.· .. 13280 Evening Creek Drive South, Suite 125 San Diego, CA 92128 Ccityof Carlsbad SUBJECT: PUD 15-09/SDP 15-09/MS 15-06 -SHEA INDUSTRIAL BRESSI RANCH -Request for approval of a Minor Nonresidential Planned Development Permit, Minor Site Development Plan and. Tentative Parcel Map to allow for the subdivision of an existing 8.3 acre previously graded site into two (2) parcels; the development of two 57,288 square foot two-story industrial/office buildings; and the sharing of parking, access, employee eating areas, and drainage facilities on property generally located northwest of the intersection of Gateway Road and Innovation Way (APN 213:261-16) within the P-M (Planned Industrial) Zone, Bressi Ranch Master Plan (MP 178), Planning Area 3, and Local Facilities Management Zone 17. Dear Mr. Bussett, The City Planner has completed a review of the applications for a Minor Nonresidential Planned Development Permit, Minor Site Development Plan and Tentative Parcel Map located on the northwest corner of the intersection of Gateway Road and Innovation Way. The City Planner has made a decision pursuant to Sections 20.24.120, 21.06.070, and 21.47.06 ofthe City of Carlsbad Municipal Code to approve the Minor Nonresidential Planned Development Permit, Minor Site Development Plan and Tentative Parcel Map based on the findings and subject to the conditions listed below. Findings: Minor Nonresidential Planned Development Permit: 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 proposed project is consistent with the Planned Industrial {PI) General Plan Land Use designation and all development standards of the Planned Industrial (P-M) Zone, the Bressi Ranch Master Plan (MP 178), and Title 20 and 21 regulations governing subdivisions and the design of nonresidential planned developments. 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general long-term well-being of the neighborhood and community, in that the proposed nonresidential planned development will be located on an existing Planned Industrial (P-M) zoned. lot. The project is compatible with the surrounding planned industrial and residential uses, and the McClellan-Palomar Airport; will provide Community & Economic Development . Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4660 1760-602-8560 f I www.carlsbadca.gov PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH June 4, 2015 Pa e 2 opportunities for separate ownership of buildings and the sharing of parking, access, employee eating areas, and drainage facilities; as well as employment opportunities for local adjacent residents. 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 project meets all applicable city standards and ordinances, including the McClellan-Palomar" Airport Comprehensive land Use. Plan, and all public facilities and services exist. Adequate parking, access, and drainage facilities for the project site will be provided to each of the parcels via a covenant of reciprocal private easements for drainage, parking, and access purposes, as well as a joint use parking agreement for the sharing of parking in perpetuity. The project includes all. necessary features to adjust the development to the surrounding land uses including setbacks, parking, and landscaping. The nonresidential planned development will not pose a safety hazard to the occupants of the surrounding industrial zone. 4. That the proposed non-residential planned development meets all of the minimum development standards of the underlying zone, in that no variances from development standards have been requested or required. The project conforms to the applicable requirements for building height, lot coverage requirements, and architectural design criteria and performance standards of the P-M zone (Chapter 21.34 of the Zoning Ordinance) and the Bressi Ranch Master Plan (MP 178). All required parking will be provided onsite, all setbacks are provided, and all required outdoor employee eating/rest areas will be provided. Minor Site Development Plan: 5. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the development of two (2), two-story industrial office buildings with surface parking for 331 vehicles, indoor (2, 750 sq. ft.) and outdoor (4,125 sq. ft.) employee eating areas, perimeter and parking lot landscape, drainage facilities and other ancillary improvements necessary to develop the project on the existing 8.3-acre previously graded site located at the northwest corner of Innovation Way and Gateway Road within the Bressi Ranch Master Plan. The project site is surrounded by a vacant Planned Industrial (P-M) zoned property to the north; and developed planned industrial uses to the east and west. Existing single-family homes are developed to the south, which are adequately separated by landscaping, Gateway Road and a 6-foot tall noise wall. The proposed industrial office use is consistent with the. Planned Industrial (PI) General Plan land Use and Planned Industrial (P-M) Zoning designations for the site; all roadways and improvements necessary to serve the development exist, . and no additional improvements are required; the project is located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport, and all future buildings will be conditioned to be sound attenuated to meet the 55 dBA CNEL interior noise level standards for nonresidential construction. The project will not adversely impact the site, surroundings, or traffic circulation in that the project complies with all applicable development standards, including the Bressi Ranch Master Plan Industrial/Office Development Standards & Design Guidelines; and the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 638 Average Daily Trips (ADT) generated by the project as previously analyzed in the Bressi Ranch Master Plan Final Environmental Impact Report (EIR 98-04). PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESS! RANCH June 4, 2015 Pa e 3 6. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all development standards of the Planned Industrial (P-M) Zone (Chapter 21.34 of the Carlsbad Municipal Code) and the Bressi Ranch Master Plan (Industrial/Office Development Standards & Design Guidelines), including setbacks, building coverage, employee eating, landscaping, parking, and height restrictions. 7. That all yards, setbacks, walls, fences, landscaping, and other features necessary_ to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the two (2), two-story industrial office buildings, surface parking, employee eating areas, perimeter and parking lot landscape, drainage facilities and other ancillary improvements can all fit within the developable area and all applicable development standards of the Planned Industrial (P-M) Zone (Chapter 21.34 of the Carlsbad Municipal Code) and the Bressi Ranch Master Plan (Industrial/Office Development Standards & Design Guidelines) have been met. Landscaping and earthen berms are proposed to screen the parking areas. Loading areas have been screened through the combined use of building orientation, landscaping, and screen walls. Adequate vehicle circulation has been provided to accommodate safety and truck turning movements. Access to the site will be provided via an existing driveway on Innovation Way in accordance with the Bressi Ranch Master Plan, ExhibitVII-1 (Industrial Driveway Locations). Pedestrian connections to the overall pedestrian circulation system of Bressi Ranch have been provided at Innovation Way and also at the intersection of Innovation Way and Gateway Road. 8. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed industrial/office use is consistent with the uses analyzed in the circulation analysis prepared for the Final Environmental Impact Report (EIR 98-04) for the Bressi Ranch Master Plan; and the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 638 Average Daily Trips (ADT) generated by the project. Tentative Parcel Map: 9. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed development consists of two (2) buildings for industrial office use, which implements the Planned Industrial (PI) General Plan Land Use designation for the property. Furthermore, the Planned Industrial (PI) General Plan Land Use designation allows for industrial lots; and the parcels being created satisfy all minimum requirements of Title 20 and 21 governing lot size and configuration; and have been designed to comply with all applicable City regulations, including the Bressi Ranch Master Plan (MP 178). 10. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Planned Industrial (PI) and Residential Medium (RM) Density development on the General Plan, in that surrounding properties to the north, east, and west are designated for and/or developed with planned industrial type land uses and the surrounding residential properties to the south are sufficiently buffered by landscaping, Gateway Road and 6 foot tall masonry walls. PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH June 4, 2015 Pa e4 11. 12. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and public facilities requirements required by Titles 20 and 21 of the Carlsbad Municipal Code, including the Bressi Ranch Master Plan (MP 178}, have been incorporated without the need for any variances from development standards . • That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the proposed subdivision has been designed and conditioned such that there are no conflicts with established easements. 13. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 14. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the parcels are larger than the one- acre minimum lot area requirement of the Planned Industrial (P-M) Zone, which allows for adequate building separation in achieving greater solar exposure and circulation of air. 15. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the subject property is a previously graded site. Additionally, the proposed parcels are not within a preserve area of the adopted Carlsbad Habitat Management Plan. The project area is a designated development area in the Bressi Ranch Master Plan (MP 178}, for which a Final Environmental Impact Report (EIR 98-04} was prepared. 16. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the developer has prepared a preliminary Storm Water Management Plan to identify pollutants of concern and incorporate best management practices to either avoid contact with storm water or filter pollutants to the maximum extent practicable; earth drainage swales and bio-retention areas are incorporated into the subdivision design for filtration of storm water runoff; the project is conditioned to incorporate Low Impact Design (LID} techniques and to comply with hydromodification requirements. General 17. That the City Planner finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and the Bressi Ranch Master Plan, in that the proposed industrial office use~ are consistent with the Planned Industrial (PI} General Plan Land Use and Planned Industrial (P-M} Zoning designations for the site; all roadways and improvements necessary to serve the development exist, and no additional improvements are required; the project is located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport, and future buildings will be conditioned to be sound attenuated to meet the 55 dBA CNEL interior noise level standards for nonresidential construction. PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAl BRESS! RANCH June 4, 2015 Pa e 5 18. That the project is consistent with the City-Wide Facilities and Improvements Plan, the local Facilities Management Plan for Zone 17 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. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 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. c. The local Facilities Management fee for Zone 17 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. d. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within local Facilities Management Zone 17. 18. That the project is consistent with the City's landscape Manual and Water Efficient landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 19. The project is consistent with the Comprehensive land Use Plan (ClUP) for the McClellan-Palomar Airport, dated April 1994, in that the Federal Aviation Administration (FAA) completed an aeronautical study under the provisions of the Code of Federal Regulations, Part 77, (February · 2014), which resulted in a determination that the proposed project does not exceed obstruction standards, would not be a hazard to air navigation, and no special lighting or markings on the buildings are necessary for aviation safety. The site is however, subject to the limitations on intensity of use because the project is partly located in the Flighty Activity Zone (FAZ). As such, all assembly areas defined as Group-A by the 2001 California Building Code are limited to a maximum occupancy of 100 persons. The project is compatible with the projected noise levels of the AlUCP; and, based on the noise/land use compatibility matrix of the AlUCP, the proposed land use is compatible with the airport, in that the property is located outside of the 60 db(A) CNEl contour. 20. The City Planner has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178), a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)]; and/or PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESS! RANCH June 4, 2015 Pa e 6 b. this project is consistent with the Master Plan cited above; and c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City Council on July 9, 2002 in connection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant in the • prior EIR; and e. none ofthe circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and f. all feasible mitigation measures or project alternatives identified in the EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 21. The City Planner 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 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 the issuance of a grading or building permit, or approval of the final parcel map, whichever is first. Planning 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 to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, orfurther 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 Nonresidential Planned Development Permit, Minor Site Development Plan and Tentative Parcel Map. 2. Staff is a·uthorized and directed to make, or require the Developer to make, all corrections .and modifications to the Minor Nonresidential Planned Development Permit, Minor Site Development Plan and Tentative Parcel Map 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 building permit issuance. PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH June 4, 2015 Pa e 7 4. 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 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 Minor Nonresidential Planned Development Permit, Minor Site Development Plan and Tentative Parcel Map, {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. 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the (Tentative Parcel Map and Site Plan) reflecting the conditions approved by the final decision-making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including but not limited to the following: a. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. 9. 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. A note to this effect shall be placed on the Final Parcel Map. 10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the 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 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESS I RANCH June 4, 2015 Pa e8 11. Developer shall submit to the City a Notice of 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 interested parties and successors in interest that the City of Carlsbad has issued a Minor Nonresidential Planned Development Permit, Minor Site Development Plan and Tentative Parcel Map on the property. Said Notice of 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 inclusion in the Notice of Restriction. The City Planner 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. 12. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Minor Nonresidential Planned Development Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13. All assembly areas defined as Group "A" by the 2001 California Building Code are limited to a maximum occupancy of 100 persons. This restriction applies to all permitted uses, ancillary uses, and uses allowed by a CUP. 14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 16. 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 as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 17. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, or any transfer in ownership of the site. 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 19. 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 City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESS I RANCH June 4, 2015 Pa e 9 20. Developer shall submit and· obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 21. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Plan.ner . • 22. Developer shall establish an owner's association and corresponding covenants, conditions and restrictions (CC&Rs}. Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty {30} days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the Citv. In the eventthe City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City·shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty {20} days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%} of the amou.nt of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESSI RANCH June 4, 2015 Pa e 10 available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to lei!}' •· such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner. and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit "A"-"V." f. The required CC&Rs shall assign to a governing board the responsibility for reviewing all future/proposed tenant improvements for the project to ensure that the number of required parking spaces to accommodate the combined proportions of uses, based on the parking ratios required pursuant to Chapter 21.44 of the Carlsbad Municipal Code, does not exceed 302 spaces. g. The location and size of all employee eating areas, parking areas, and landscaped areas within the project, as shown on Exhibit "A-V", shall not be altered, reduced, fenced, or divided to preclude the equal use by all owners/employees of the site. h. Prior to submitting building plans for tenant improvements to the City of Carlsbad Building Division, the governing board shall be required to approve the tenant improvement plans for purposes of assuring an adequate distribution of parking spaces. i. All on-site parking and access aisles/driveways shall be shared between all uses in perpetuity. 23. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of the recordation of the final parcel map. 24. The Minor Nonresidential Planned Development Permit (PUD 15-09) and Minor Site Development Plan (SOP 15-09) shall expire concurrently with the Tentative Parcel Map (MS 15- 06). Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a parcel map, grading permit or building permit whichever occurs first ... General 1. 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 haul route. '. PUD 15-09/SDP 15-09/MS 15-06 -SHEA INDUSTRIAL BRESSI RANCH June 4, 2015 Pa e 11 2. 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 adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 3. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private drive aisles, parking areas, water line fire hydrants, dry utilities, sidewalks, landscaping, parking area lighting, water quality treatment measures, low impact development features and located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 4. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. Developer shall pay the city standard map review plan check fees. 5. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 6. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 7. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 8. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading .9. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 10. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, which may affect the design of this project. Unless construction has commenced prior to the effective date of the Order, prior to the issuance of a grading permit, Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 11. 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 not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESS I RANCH June 4, 2015 Pa e 12 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 maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. 12. Prior to the issuance of a grading permit, qeveloper shall submit to the city engineer receipt of a " Notice of Intent from the State Water Resources Control Board. 13. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 14. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site· design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. Developer acknowledges that the requirements of Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board become effective near the end of 2015 and will cause the city to replace the city's SUSMP with a BMP Design Manual, yet to be developed. 15. Developer acknowledges hydromodification (runoff reduction) requirements impact how project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer. 16. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and low Impact Design (LID) facilities. 17. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). Dedications/Improvements 18. Existing on-site public facilities including water lines, fire hydrants and sewer mains shall be abandoned and removed to the satisfaction of the city engineer. Easements serving these public improvements shall be vacated or quitclaimed to the satisfaction of the city engineer. PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESS! RANCH June 4, 2015 Pa e 13 19. All proposed private water mains and private fire hydrants shall be designed and constructed to the satisfaction of the city fire marshal. 20. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay tbe standard improvement plan check and inspection fees for private drainage systems. 21. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Public water main extensions to the right of way line. B. Public sewer manhole. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 22. Developer shall design all proposed public improvements as shown on the tentative map. These improvements shall be shown as a Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 23. Prior to issuance of building permits, developer shall install separate sewer services to each unit proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction ofthe city engineer. 24. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Non-Mapping Notes 25. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: 1. Public water main extensions to the right of way line. 2; Public sewer manhole. PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAl BRESSI RANCH June 4, 2015 Pa e 14 Utilities B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as .a sight distance corridor as defined by City of Carlsbad EngineeriQg Standards or line-of-sight per Caltrans standards. D. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements ·identified in the city approved development plans. 26. Developer shall meet with the fire marshal to determine fire protection measures {fire flows, fire hydrant locations, building sprinklers) required to serve the project. 27. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 28. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 29. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 30. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 31. The developer shall 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. 32. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 33. The developer shall provide separate potable water meters for each separately owned parcel within this subdivision. '; PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESS! RANCH June 4, 2015 Pa e 15 Code Reminders: 34. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 17 as required by Carlsbad Municipal Code Section 21.90.050. 35. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of • the Carlsbad Municipal Code. 36. · 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. 37. This tentative parcel map will expire twenty-four {24) months from the date of the final approval notice issued by the City Planner. 38. Developer shall pay traffic impact and sewer impact fees based. on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area shown on the tentative parcel map are for planning purposes only. 39. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 40. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 41. Developer shall pay 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. 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 h·ave previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PUD 15-09/SDP 15-09/MS 15-06-SHEA INDUSTRIAL BRESS I RANCH June 4, 2015 Pa e 16 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 $661.00. 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 free to contact the Project Planner, Greg Fisher, at 760-602-4629. .. Sincerely, -~7£u, DON NEU, AICP City Planner DN:GF:bd c: Shea Properties, Jon Marchiorlatti, 130 Vantis, Suite 200, Aliso Viejo, CA 92656 Don Neu, City Planner Van lynch, Senior Planner Steve Bobbett, Project Engineer Fire Department, Gregory Ryan File Copy DMS/Data Entry •