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HomeMy WebLinkAboutPUD 2017-0002; PALOMAR OAKS WAY; Admin Decision Letter• I l ~ .,,. July 13, 2017 George O'Day O'Day Consultants Inc. Suite 100 2710 Loker Avenue West Carlsbad, CA 92010 SUBJECT: PUD 2017-0002/MS 2017-0001 (DEV2017-0037)-PALOMAR OAKS WAY APN: 213-091-05, 213-091-02, 213-091-01, 213-092-15 Dear Mr. O'Day: {'Cityof Carlsbad The City Planner has completed a review of your application for a Nonresidential Planned Development Permit and Tentative Parcel Map, PUD 2017-0002/MS 2017-0001 (DEV2017-0037) located at 1939-1949 Palomar Oaks Way. A notice was sent to property owners within a 300 foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on July 3, 2017). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.45.050 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings Nonresidential Planned Development Permit: 1. That the granting ofthis 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 (Pl) General Plan Land Use designation and all development standards of the Planned Industrial (P-M) Zone, 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 opportunities for separate ownership of buildings and the sharing of parking, access, employee eating areas, and drainage facilities; and will provide employment opportunities for local adjacent residents. Community & Economic Development Planning Division \ 1635 Faraday Avenue Carlsbad, CA 92008-7314 \ 760-602-4600 \ 760-602-8560 f I www.carlsbadca.gov PUD 2017-0002/MS 2017-0001 (DEV2017-0037}-PALOMAR OAKS WAY July 13, 2017 Pa e 2 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 Airport Land Use Compatibility Plan (ALUCP) flor McClellan-Palomar Airport, 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. 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 Planned Industrial (P-M) zone (Chapter 21.34 of t~e Zoning Ordinance). All required parking will be provided onsite, all setbacks are provided, and all required outdoor employee eating/rest areas will be provided. Tentative Parcel Map (MS 2017-0001) 5. 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 Planned Industrial (Pl) General Plan Land Use designation allows for industrial/office lots. The lots being created satisfy all minimum requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations. 6. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Planned Industrial (Pl) development on the General Plan, in that the subject property is surrounded by existing industrial/office buildings and open space. 7. That the site is physically suitable for the type of the development since the site is adequate in size and shape to accommodate the office/industrial project in that the proposed nonresidential subdivision of three existing office/industrial buildings meets all development standards and design criteria required by the P-M zone including but not limited to requirements for access, minimum lot size, lot width and setbacks., 8. 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 developer has delineated and preserved on the parcel map all existing easements of record. 9. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 10. 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. ' . -'~ ., ) ' ', , . PUD 2017-0002/MS 2017-0001 (DEV2017-0037)-PALOMAR OAKS WAY July 13, 2017 Pa e 3 11. 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 developed with three existing office/industrial buildings and is surrounded by existing development. Additionally, the proposed parcels are not within a preserve area of the adopted Carlsbad Habitat Management Plan. 12. 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 project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Carlsbad BMP Design Manual and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes or native vegetation are located on the subject property and the previously graded site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. General 13. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan, in that the existing industrial office uses are consistent with the Planned Industrial (Pl) General Plan Land Use and Planned Industrial (P-M) Z.oning designations for the site. All roadways and improvements necessary to serve the development exist, and no additional improvements are required. 14. 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. 15. 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 Final Parcel Map or Certificate of Compliance. Planning: 1. Approval is granted for PUD 2017-0002/MS 2017-0001 (DEV2017-0037) as shown on Exhibits "A" -"B" dated July 13, 2017 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. PUD 2017-0002/MS 2017-0001 (DEV2017-0037)-PALOMAR OAKS WAY July 13, 2017 Pa e4 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 Nonresidential Planned Development Permit and Tentative Parcel Map. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Nonresidential Planned Development Permit 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of Final Parcel Map or Certificate of Compliance. 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/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 Nonresidential Planned Development Permit 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. 7. Prior to Final Parcel Map or Certificate of Compliance, 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 Nonresidential Planned Development Permit 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. 8. 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 Final Parcel Map or Certificate of Compliance. ' . ' ., ' PUD 2017-0002/MS 2017-0001 (DEV2017-0037)-PALOMAR OAKS WAY July 13, 2017 Pa e 5 9. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 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 Parcel Map or Certificate of Compliance approval. Prior to Final Parcel Map or Certificate of Compliance, 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 sha II 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 City. In the event the 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 amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies 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 PUD 2017-0002/MS 2017-0001 (DEV2017-0037)-PALOMAR OAKS WAY July 13, 2017 Pa e 6 and power to levy 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" -"B." 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 241 spaces. g. The location and size of all employee eating areas, parking areas, and landscaped areas within the project, as shown on Exhibit "A" -"B," shall not be altered, reduced, fenced, or divided to preclude equal use by all owners/employees of the site. h. Prior to submitting building plans for future 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. 10. This approval shall become null and void if a Final Parcel Map or Certificate of Compliance is not recorded for this project within 24 months from the date of project approval. 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 final map. General 11. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private parking, paving, utilities, sidewalks, landscaping, lighting, storm drain facilities, ingress, egress, and access located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 12. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. .. ' .. PUD 2017-0002/MS 2017-0001 (DEV2017-0037)-PALOMAR OAKS WAY July 13, 2017 Pa e 7 Storm Water Quality 13. 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, 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. Non-Mapping Notes 14. Add the following notes to the final map as non-mapping data: a. Geotechnical Caution: i. 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 geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. b. 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. Code Reminders 15. 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. 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 17. 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. 18. 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. PUD 2017-0002/MS 2017-0001 (DEV2017-0037)-PALOMAR OAKS WAY July 13, 2017 Pa e 8 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. 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 $850.00. 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 Greg Fisher at (760) 602-4629. City of Carlsbad k----· D--<---y. TERI DELCAMP Principal Planner TD:GF:sc Attachment: Exhibit "A" -"B," dated July 13, 2017 c: Palomar Creative, LLC, Suite 600, 222 Kearny Street, San Francisco, CA 94108 Don Neu, City Planner Kyrenne Chua, Project Engineer Data Entry File Copy HPRM .. .. I I ..