HomeMy WebLinkAboutPUD 2019-0007; RAF PACIFICA GROUP FUSION; Admin Decision LetterMay 12, 2020
Ccityof
Carlsbad
Andrew Tarango
Smith Consulting Architects
13280 Evening Creek, Suite 125
San Diego, CA 92128
SUBJECT: PUD 2019-0007/SDP 2019-0012 (DEV2019-0138) -RAF PACIFICA GROUP FUSION -
Request for approval of a Minor Nonresidential Planned Development Permit {PUD 2019-
0007) and Minor Site Development Plan {SDP 2019-0012) for the shared use of a
developed parking lot, minor building fa~ade changes, and for the development of an
outdoor employee amenity area spanning an existing drive-aisle, landscaped slope and
portions of two parking lots serving an existing industrial office building on 10.93 acres
generally located at 1950 Camino Vida Roble, in the Planned Industrial {P-M) Zone and
Local Facilities Management Zone 5.
Dear Mr. Tarango,
The City Planner has completed a review of your application for Minor Nonresidential Planned
Development Permit 2019-0007 and Minor Site Development Plan 2019-0012 located at 1950 Camino
Vida Roble. A notice was sent to property owners within a 300-foot radius of the subject property
requesting comments regarding the above request. Verbal comments regarding concern about drainage
and exterior building material were received from an individual within the ten-day notice period {ending
on May 11, 2020). After careful consideration of the circumstances surrounding this request, the City
Planner has made a decision pursuant to Sections 21.06.070 and 21.47.060 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 of this permit will not adversely affect and will be consistent with the Municipal
Code including all the minimum development standards of the underlying zone except for lot area,
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, the Carlsbad Airport Centre Specific Plan {SP 181F} as conditioned, and Title 21 regulations
governing the design of nonresidential planned developments.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
PUD 2019-0007/SDP 2019-0012 (DEV2019-0138)-RAF PACIFICA GROUP FUSION
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2. That the proposed use at the particul,.,,.=~ :: ary and desirable to provide a service or
facility which will contribute to the general well-being of the neighborhood and the community, in
that the proposed amenity is an accessory use to serve the existing primary industrial office use,
which is consistent with the General Plan and Zoning.
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
is an accessory use to the existing primary industrial o.fflce use which. is consistent with other
surrounding industrial office uses in the surrounding area. The proposed amenity is located interior
to the site and meets all required setbacks. No additional parking is required for the proposed
accessory use and all required parking for the existing use is adequately accommodated onsite.
Site Development Plan
4. That the proposed development or use is consistent with the general plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code; 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, the Carlsbad Airport Centre Specific Plan (SP 181F)
as conditioned, and Title 21 regulations governing site development plans.
5. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the proposed amenity
area is a self-contained private use, accessory to the existing industrial office primary use, and is
designed to adhere to all setbacks and development standards of the Planned Industrial {P-M) Zone
and Carlsbad Airport Centre Specific Plan (SP 181F) as conditioned. Because the amenity area is a
private accessory use and only serves the employees of the existing industrial office use, no
additional parking is required, nor ls there an increase in vehicle traffic to the site. In addition,
drainage will be routed to a new bioretention basin on site, cleaned and slowly released directly
into the city storm drain system, which helps to insure adjacent properties will not be impacted.
6. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that as conditioned the project complies with all development standards of the Carlsbad
Airport Centre Specific Plan's (SP 181F) Development Standards and Design Guidelines and the
Planned Industrial (P-M) Zone (Chapter 21.34 of the Carlsbad Municipal Code), including setbacks,
employee eating areas, landscaping and parking.
7. That all of the 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 building fa~ade changes are minor and the
proposed amenity area is a self-contained private use, accessory to the existing industrial office
primary use, and is designed to adhere to all setbacks and development standards of the Planned
Industrial {P-M) Zone and Carlsbad Airport Centre Specific Plan {SP 181F) as conditioned.
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Additionally, all proposed landscaping interior to the site will be provided consistent with the
requirements of the city's Landscape Manual.
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 amenity area is a private accessory use
that will serve the employees of the existing industrial office use for which parking and traffic have
already been anticipated. No additional parking is required for the amenity, nor will there be an
increase in vehicle traffic.
General
9. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 5 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 Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
b. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
c. A growth management park fee of $0.40 per square foot of nonresidential 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 5.
10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010, in that
a. The proposed amenity Is located outside the 60 dB CNEL noise contour. The ALUCP identifies
all uses located outside the 60 dB CNEL noise contour as compatible with airport uses.
b. The proposed amenity is lower in elevation than the existing building, which was previously
found to be compliant with the ALUCP airspace protection surfaces.
c. The proposed amenity is located within Safety Zone 6. The ALUCP identifies both "Small and
Large Outdoor Assembly (capacity 50 to 999 people)" as compatible with airport uses when
located within Safety Zone 6.
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d. The proposed amenity is located within the overflight notification area. The ALUCP requires
recordation of an overflight notification only for new residential uses, so overflight
notification is not applicable.
11. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
12. That the request for a Minor Nonresidential Planned Development Permit and Minor Site
Development Plan 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.
13. 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.
14. 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 grading permit, building
permit or recordation of final map, whichever comes first; or pursuant to an approved construction
schedule at the discretion of the appropriate division manager or official.
1. Approval is granted for PUD 2019-0007 and SDP 2019-0012 as shown on Exhibits "A" -"DD" dated
May 12, 2020 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 Nonresidential Planned Development Permit and
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 Nonresidential Planned Development Permit and Minor Site
Development Plan documents, as necessary to make them internally consistent and in conformity
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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/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 and 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 submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the site plan, conceptual
grading plan and preliminary utility plan reflecting the conditions approved by the final decision
making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable,
signed by the city's project planner and project engineer. If no changes were required, the approved
exhibits shall fulfill this condition.
8. 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.
9. 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.
10. 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.
·---·-----------
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11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
che.ck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
12. 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.
13. 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 and Economic
Development Department and Planning.
14. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
15. 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.
16. Prior to the issuance of the grading 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
Nonresidential Planned Development Permlt and 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.
17. In accordance with the Carlsbad Airport Centre Specific Plan (SP 181F), no metal siding, cladding or
sheeting shall be permitted on the exterior of the existing building and shall be removed from the
plans prior to the issuance of building permits.
Engineering:
General
18. 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.
19. 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
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water and sewer facilities are available at the time of permit issuance and will continue to be available
until time of occupancy.
Fees/ Agreements
20. 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.
21. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
22. 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.
23. Developer shall comply with the Transportation Demand Management ordinance per Carlsbad
Municipal Code section 18.51. Prior to building permit issuance, the Developer shall submit a
Transportation Demand Management Plan to the satisfaction of the city engineer.
Grading
24. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports as required by city engineer, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
Storm Water Quality
25. 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.
26. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
27. 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
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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.
28. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and
process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to
comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this
condition shall be reviewed and approved by the city engineer with final grading plans. Developer
shall pay all applicable SWQMP plan review and inspection fe_es per the city's latest fee schedule.
29. 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, pollutant control BMP
and applicable hydromodification measures.
Dedication/Improvements
30. Developer shall cause owner to submit to the city engineer for recordation a covenant of easement
for private drainage, parking, and reciprocal access purposes as shown on the site plan. Developer
shall pay processing fees per the city's latest fee schedule.
31. Developer shall cause owner to submit to the city engineer and district engineer for recordation a
quitclaim of CMWD easement as shown on the site plan. Developer shall pay processing fees per
the city's latest fee schedule.
32. Developer shall design the private drainage systems, as shown on the site plan 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.
33. Developer shall design all proposed public improvements including but not limited to water
services/meters and trench resurfacing as shown on the site plan. 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 execute a city standard Developer Improvement
Agreement to install said improvements and shall post security in accordance with C.M.C. Section
20.16.070. Developer shall apply for and obtain a right-of-way permit prio,r to performing work in the
city right-of-way.
Utilities
34. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project.
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Code Reminders:
35. 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.
36. Developer may be subject to 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 contained in the staff report and shown on the site plan are for planning purposes only.
37. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
38. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
39. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
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 acknowledges that the project is required to comply with the city's greenhouse gas (GHG)
reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are
not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California
Green Building Standards Code (CCR, Title 24, Part 11 -CALGreen), as amended from time to time.
GHG reduction requirements may be different than what is proposed on the project plans or in the
Climate Action Plan Checklist originally submitted with this project. Developer ac~nowledges that new
GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging,
water heating and traffic demand management requirements as set forth in the ordinances and codes
may impact, but are not limited to, site design and local building code requirements. If incorporating
GHG reduction requirements results in substantial modifications to the project, then prior to issuance
of development (grading, building, etc.) permits, Developer may be required to submit and receive
approval of a Consistency Determination or Amendment for this project through the Planning
Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or
with the construction plans prior to issuance of the applicable development permits.
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
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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 free to contact Jason
Goff at (760) 602-4643.
Sincerely,
-7\ _-.. ' ~ ---y
TERI DELCAMP
Principal Planner
TD:JG:mf
c: RAF Pacific Group R.E. Fund IV, LLC, 111 C Street, Ste. 200, Encinitas, CA 92024
Kyrenne Chua, Project Engineer
Don Neu, City Planner
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