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HomeMy WebLinkAboutCUP 2019-0002; PLANT DEVAS INC; Admin Decision LetterJune 12, 2019 Tim Schulze Pacific Cornerstone Architects Ste 100 11750 Sorrento Valley Rd. San Diego CA 92121-1005 FILE \~, l-eo{ DJ.3 lRlt~l 14' {'cityof Carlsbad SUBJECT: CUP 2019-0002 (DEV2019-0028) -PLANT DEVAS, INC -Request for approval of a Minor Conditional Use Permit (CUP 2019-0002) to allow 587 square feet of an existing 14,978- square-foot industrial office/warehouse building to be converted into retail space within the Plant Devas, Inc. corporate headquarters at 5925 Priestly Drive, in the Carlsbad Research Center Specific Plan (SP) 180 and Local Facilities Management Zone 5. Dear Tim Schulze, The City Planner has completed a review of your application for a Minor Conditional Use Permit CUP 2019- 0002 -PLANT DEVAS, INC. to allow 587 square feet of an existing 14,978-square-foot industrial office/warehouse building t~ be converted into an ancillary retail area within the Plant Devas, Inc. corporate headquarters at 5925 Priestly Drive. 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 April 4, 2019). 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 per the Industrial and Office Land Use Policy 2-P.29 of the General Plan Land Use and Community Design Element, ancillary retail uses are a compatible land use under the Planned Industrial (Pl) General Plan Land Use designation and are conditionally permitted in SP 180 -Carlsbad Research Center. 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 the proposed ancillary retail complies with SP 180 -Carlsbad Research Center and the zoning development regulations. The retail use is directly associated with the primary use and less than ten percent of the floor area is dedicated to retail. The use is located within an existing office/warehouse building that is architecturally compatible with the surrounding industrial buildings, and adequate onsite parking is provided for the retail use to meet the city's parking requirements. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CUP 2019-0002 (DEV2019-0028)-PLANT DEVAS, INC June 12, 2019 Page 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 proposed ancillary retail use will occupy a total of 587 square feet (SF) of an existing 14,978 SF building with existing onsite landscaping and parking, and requires no exterior site alterations or additional amenities. Furthermore, the project complies with the requirements of SP 180 -Carlsbad Research Center, including that the retail use is accessory to the permitted uses and wholly contained within the building, that all products for retail sale will be produced, distributed, and/or warehoused on the premises and that the accessory retail use will be parked based on the requirements of retail. The total required parking for all the uses, including the retail use, is 357 spaces and there are 400 parking spaces provided, creating an onsite surplus of 43 parking spaces. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the project has existing direct access from Priestly Drive into the site. Priestly Drive is a local street and can easily accommodate the 24 average daily trips (ADT) increase associated with the use. 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 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. 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 Carlsbad Municipal Code. 7. The City Planner 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 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 2019-0002 as shown on Exhibits "A" -"B" dated June 5, 2019, 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 Conditional Use Permit. CUP 2019-0002 (DEV2019-0028}-PLANT DEVAS, INC June 12, 2019 Page 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 2019-0002 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/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 Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. CUP 2019-0002 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 Planrier 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 exist or 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. 8. This Conditional Use Permit is granted for a period of five (5) years from June 5, 2019 through June 5, 2024. 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 five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner 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, CUP 2019-0002 (DEV2019-0028) -PLANT DEVAS, INC June 12, 2019 Page4 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 may grant. 9. · Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from Carlsbad School District that this project has satisfied its obligation to provide school facilities: 10. 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. 11. Prior to the issuance of a building permit or commencement of the use, whichever comes first, owner/applicant 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 Conditional Use Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest. 12. 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, or the use is not commenced within 24 months if building permits are not required. 13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Code Reminders: 14. 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. 15. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 16. 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. CUP 2019-0002 (DEV2019-0028) -PLANT DEVAS, INC June 12, 2019 Page 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, along with a payment of $876.00. 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 to contact Chris Sexton at (760) 602-4631. · Sincerely, ~-~. TERI DELCAMP Principal Planner TD:CS:mf c: Don Neu, City Planner Kyrenne Chua, Project Engineer HPRM/File Copy Data Entry