HomeMy WebLinkAboutPUD 2018-0003; PACIFIC VISTA COMMERCE CENTER; Admin Decision LetterOctober 22, 2018
Chris Wood
Ryan Companies, Inc.
Suite 370
4275 Executive Square,
La Jolla, CA 92037
~\ul l()-2'3.\ i
8 FILE COPY {'city of
Carlsbad
SUBJECT: PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER
The City Planner has completed a review of your application for a Nonresidential Planned Development
Permit and Tentative Parcel Map, PUD 2018-0003/MS 2018-0004 (DEV2016-0023) to subdivide a 26.1-
acre lot into three (3) lots ranging in size from five to 12.1 acres. The property is located on the west side
of Whiptail Loop West and identified as Lot 23 of the Carlsbad Oaks North Business Park Specific Plan SP
211(C), in the Planned Industrial (P·M) Zone and Local Facilities Management Zone 16. 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 September 1,
2018). 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 (CMC) to APPROVE
this request based on the following findings and subject to the conditions listed below.
Findings:
Nonresidential Planned Development Permit (PUD 2018-0003)
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 three light industrial buildings approved pursuant
to SDP 2017-0002 will remain and a reciprocal parking, access and maintenance agreement and
CC&Rs will be required to ensure that adequate parking and access continue to be provided
consistent with the P-M (Planned Industrial) Zone, the Parking Ordinance (CMC Chapter 21.44),
the Carlsbad Oaks North Business Park Specific Plan SP 2ll(C), and the Pl (Planned Industrial)
General Plan Land Use designation.
2. That the proposed use at the particular location is necessary and desirable to provide a service or
facility which will contribute to the general long-term well-being of the neighborhood and
community, in that the three-lot subdivision proposed in conjunction with the Non-Residential
Planned Development Permit allows for each building to be individually-owned. The reciprocal
parking, access, and maintenance agreement, which will be recorded on title, will provide the
flexibility needed to share outdoor eating areas, parking, access and maintenance
responsibilities throughout the 26.1-acre development.
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
PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER
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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) for 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 maintains all necessary features approved pursuant to SDP 2017-
0002 to ensure the development is compatible with 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 unit development meets all of the mm,mum
development standards of the underlying zone and the SP 211(C), 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 and SP 211(C). All required parking
will be provided onsite, all setbacks are provided, and all required outdoor employee eating
areas will be provided.
5. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50) in that no new landscape improvements are
proposed in conjunction with Non-Residential Planned Development Permit PUD 2018-0003
and Minor Subdivision MS 2018-0004. The landscaping improvements are under construction
pursuant to SDP 2017-0002 and remain consistent with SP 211(C) and the Landscape Manual.
Tentative Parcel Map (MS 2018-0004)
6. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies ail requirements of the General Pian, 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 the creation of three light industrial lots. The proposed
subdivision satisfies the minimum requirements of Titles 20 and 21 and the lots have been
designed to comply with all other applicable regulations, including SP 211(C).
7. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for Planned Industrial (Pl) and Open Space (OS) on the General Plan,
and the subject property is surrounded by open space approved for long-term preservation to
the north, south and west and light industrial development to the south and east.
8. 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 subdivision of
one lot into three lots ranging in size from five to 12.1 acres meets the development standards
and design criteria required by the P-M zone and SP 211(C), including but not limited to
requirements for access and setbacks.
9. 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
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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 and proposes
additional easements for shared parking, access and maintenance of the utilities.
10. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
11. 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 size of the parcels exceed 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.
12. 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 developed with three light industrial buildings and no additional
improvements are proposed in conjunction with the subdivision.
13. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that no additional development is
proposed beyond the subdivision of the property.
General
14. That the City Planner finds that the project, as conditioned herein, is in conformance with the
City's General Plan, in that the three-lot subdivision is consistent with the Planned Industrial (Pl)
General Plan Land Use and Planned Industrial (P-M) Zoning designations for the site, as well as
SP 211(C). All roadways and improvements necessary to serve the development exist, and no
additional improvements are required.
15. 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 15315 -Minor Land Divisions 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.
16. 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.
17. 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.
PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER
October 22, 2018
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Conditions:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to recordation of the Final Map.
1. Approval is granted for PUD 2018-0003/MS 2018-0004 as shown on Exhibits "A" -"B" dated
October 22, 2018 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, but not the obligation, 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 Non-Residential 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 Non-Residential 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 the recordation of the Final Map.
5. If any conditions for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
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 Non-Residential Planned Development Permit and Tentative Parcel Map,
and (b) City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein. This obligation survives until all
legal proceedings have been concluded and continues even if the City's approval is not validated.
This obligation survives until all legal proceedings have been concluded and continues even if the
City's approval is not validated.
7. 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
Final Parcel Map.
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8. This approval shall become null and void if a Final Map is not recorded within 24 months from
the date of project approval.
9. Developer shall report, in writing, to the Planning Director within 30 days, any address change
from that which is shown on the permit application or any transfer in ownership of the site.
10. Concurrent with the recordation of the Reciprocal Parking, Access and Maintenance
Agreement, Developer shall submit to the City a Notice of Restriction to be filed in the office of
the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Non-Residential Planned
Development Permit and Tentative Parcel Map on the subject properties. Said Notice of
Restriction shall note the property descriptions, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The Planning Director has the authority to execute and
record an amendment to the notice, which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
11. 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. Prior to Final Parcel Map, 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 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
PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER
October 22, 2018
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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
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 the CC&Rs.
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 727 spaces.
g. The location and size of all employee eating areas, parking areas, and landscaped areas
within the project, as shown on Exhibits "A" -"B" of PUD 2018-0003 and Exhibits "A" -"VY"
of SDP 2017-0002, 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.
12. The reciprocal parking, access and maintenance agreement shall be submitted, reviewed as to
form by the city, and signed by the property owners prior to recordation of the Final Map.
13. The Reciprocal Parking, Access and Maintenance Agreement shall run with the land and a
transfer of ownership of one or more of the properties shall not affect the enforceability of the
Agreement so long as this Non-Residential Planned Development Permit remains in effect.
14. All parking areas as shown on Exhibits "A" -"B" dated October 22, 2018, shall remain accessible,
striped, and available at all times for parking for the employees and guests. Said parking areas
shall not be utilized for outdoor storage or any use other than parking.
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Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building or grading permit whichever
occurs first.
General
15. This approval is granted subject to all conditions contained in Minor Site Development Plan, SDP
2017-0002, for Pacific Vista Commerce Center approved on July 21, 2017.
16. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. There shall be one parcel map recorded for this project. Developer shall pay the city
standard map review plan check fees.
17. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document addressing maintenance, repair, and replacement of shared private
improvements and/or HOA-maintained facilities within the subdivision, including but not
limited to the following as shown in SDP 2017-0002 and tentative parcel map:
a) Shared access driveways, drive aisles, sidewalks, landscaping, and on-site lighting
b) Water quality treatment and hydromodification basins located in Parcels 1, 2 and 3,
and all other low impact development features.
c) Slopes, brow ditches, and retaining walls
d) All storm drain facilities including storm drain pipes, inlet and outlet structures
e) 8" private sewer main
f) 10" private fire main
The costs of such maintenance shall be distributed in an equitable manner among the owners
of the properties within the subdivision.
The maintenance of the storm water BMPs shall be in accordance with Permanent Stormwater
Quality Best Management Practice Maintenance Agreement for SDP 2017-0002, DOC# 2017-
0557785 recorded on November 30, 2017.
18. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property owner
shall maintain this condition.
Storm Water Quality
19. Developer shall cause.the owner to 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.
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20. Developer shall cause the owner to comply with the City Approved Storm Water Quality
Management Plan (SWQMP) for SDP 2017-0002.
Dedications/Improvements
21. Developer shall cause the owner to record a covenant of private water easement within parcel
Z for the benefit of parcel 1 as shown on the tentative parcel map.
22. Developer shall cause the owner to record a covenant of private sewer easement within parcels
1, 2 and 3, for the benefit of parcels 1, Zand 3 as shown on the tentative parcel map.
23. Developer shall cause the owner to record a covenant of private reciprocal access easement
within parcels 1, 2 and 3 for the benefit of parcels 1, Zand 3 as shown on the tentative parcel
map.
24. Developer shall cause the owner to record a covenant of private reciprocal parking easement
within parcels 1, 2 and 3 for the benefit of parcels 1, 2 and 3 as shown on the tentative parcel
map.
2S. Developer shall cause the owner to record a covenant of private cross-lot drainage easement
within parcels 1, Z and 3 for the benefit of parcels 1, Zand 3 as shown on the tentative parcel
map.
26. Developer shall cause the owner to record a covenant of private storm water BMP easements
within parcels 1, 2 and 3 for the benefit of parcels 1, Zand 3 as shown on the tentative parcel
map.
Non-Mapping Notes
27. Add the following notes to the final map as non-mapping data:
A. Geotechnical Caution:
1) 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. 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 Engineering Standards or line-of-sight per Caltrans standards.
C. 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.
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Code Reminders
28. 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.
29. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17 .04.060.
30. 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.
31. 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 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER
October 22, 2018
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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 limitation's 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 free to
contact Shannon Harker at 760-602-4621.
Sincerely,
TERI DELCAMP
Principal Planner
TD:SH:dh
c: Marvin Christensen, 101 California Street, 24th floor, San Francisco, CA 94111
Aaron Parker, SB&O Inc., 3990 Ruffin Road, Suite 120, San Diego, CA 92123
Don Neu
Tecla Levy
File Copy/HPRM
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