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HomeMy WebLinkAboutSDP 15-10; Carlsbad Oaks North Lot 13; Site Development Plan (SDP)SDP 15-10-CARLSBAD OAKS NORTH LOT 13 October 26, 2015 Page 2 Planned Industrial Zone; and the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 476 Average Daily Trips (ADT) generated by the project as previously analyzed in the Carlsbad Oaks North Specific Plan Final Environmental Impact Report (EIR 98-08). 2. 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 Carlsbad Oaks North Specific Plan (Development Standards & Design Guidelines), including setbacks, building coverage, employee eating, landscaping, parking, and height restrictions. 3. 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), industrial office buildings, surface parking, employee eating areas, perimeter and parking lot landscape, retaining walls, 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 Carlsbad Oaks North Specific Plan (Development Standards & Design Guidelines) have been met. Loading areas have been screened through building orientation. Adequate vehicle circulation has been provided to accommodate safety and truck turning movements. Access to the site will be provided via a singular driveway on Whiptail Loop. Pedestrian connection to the existing sidewalk on Whiptail Loop has been provided via a sidewalk at the southwest portion on the project. 4. 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 98-08) for the Carlsbad Oaks North Specific Plan; and the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 476 Average Daily Trips (ADT) generated by the project. 5. 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 Carlsbad Oaks North Specific Plan, in that the proposed industrial warehouse and office uses 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; and the project is located outside the 60 dBA CNEL noise contour of the McClellan- Palomar Airport. 6. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 16 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. SDP 15-10-CARLSBAD OAKS NORTH LOT 13 October 26, 2015 Page 3 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 16 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 16. 7. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 8. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), adopted January 25, 2010 and amended March 4, 2010, in that as conditioned, the applicant shall record a notice concerning aircraft overflight activity. In addition, 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 not located within any noise contours greater than 60 db(A) CNEL as created by airport operations and warehouse and office land uses are permitted within Safety Zone 6. 9. The City Planner has determined that: a. the project is a subsequent activity of the Carlsbad Oaks North Specific Plan {SP 211), 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 b. this project is consistent with the Specific Plan cited above; and c. the Carlsbad Oaks North Specific Plan Final EIR 98-08 was certified by the City Council on October 8, 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 of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and SDP 15-10-CARLSBAD OAKS NORTH LOT 13 October 26, 2015 Page 4 f. all feasible mitigation measures or project alternatives identified in the EIR 98-08, 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. 10. 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 building permit or grading permit issuance, whichever comes first. 1. Approval is granted for SOP 15-10 as shown on Exhibits "A"-"AA" dated October 26, 2015 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this. Minor Site Development Plan. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. Developer/Op.erator 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 SDP 15-10-CARLSBAD OAKS NORTH LOT 13 October 26, 2015 Page 5 of this Minor Site Development Plan, (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. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad 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 16 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 16. 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. 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. 11. 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. 12. Prior to the issuance of the building permit, 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan 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. 13. 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, SDP 15-10-CARLSBAD OAKS NORTH LOT 13 October 26, 2015 Page 6 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. 14. 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. 15. 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. 16. 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. Engineering: General 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 haul route. 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 adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 19. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the site plan and conceptual grading plan, preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, or grading plans, whichever occurs first. 20. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans. 21. 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 22. 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. SOP 15-10-CARLSBAD OAKS NORTH LOT 13 October 26, 2015 Page 7 23. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 24. 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 25. Based upon a review ofthe 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. 26. Developer shall comply with the city's stormwater regulations, latest version, and shall implement best management practices at all times. Best management practices inclu~e 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, 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 of the above requirements. 27. 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, and likely affect the design of this project. Prior to construction, Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 28. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 29. 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. 30. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan {SWMPL 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. SDP 15-10-CARLSBAD OAKS NORTH LOT 13 October 26, 2015 Page 8 31. 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. 32. 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 33. Developer shall design all proposed public improvements including but not limited to pedestrian ramps, driveways, sidewalk, water services/meters, etc. as shown on the tentative map. These improvements shall be shown on one of the following, subject to city engineer approval: a. Grading plans processed in conjunction with this project; or b. 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. 34. The developer shall design on-site private sewer main, sewer laterals, and clean-outs at locations approved by the city engineer. The design shall conform to the City of Carlsbad Standards to the satisfaction of the city engineer. The sewer improvements shall be shown on the grading plan and shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fee. 35. 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 the standard improvement plan check and inspection fees for private drainage systems. 36. Developer shall design the on-site fire service, as shown on the tentative map, to the satisfaction of the Fire Marshal. 37. 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. Utilities: 38. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire flows, fire hydrants and building sprinklers} required to serve the project. Fire hydrants and building sprinklers shall be served by private onsite fire water main designed to the satisfaction of the Fire Marshal.