HomeMy WebLinkAboutSDP 16-07; OLIVENHAIN MUNICIPAL WATER DISTRICT; Admin Decision LetterC._ city of
Carlsbad
October 4, 2016
Nathan Houck
HB&A Architects Inc.
240 North Market Place
Escondido, CA 92029
SUBJECT:
Dear Mr. Dean,
SOP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT-Request for approval of a Minor
Site Development Plan (SDP 16-07} for the remodel of the existing 14,708 square foot
two-story operations and administration facilities including the single-story addition of
10,578 square feet in two phases for new offices and boardroom on property located at
1966 Olivenhain Road in the Office (O) Zone and Local Facilities Management Zone 11.
The City Planner has completed a review of your application for a Minor Site Development Plan SDP 16-
07 located at 1966 Olivenhain Road. 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 2, 2016}. After careful consideration of the circumstances
surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City
of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the
conditions listed below.
Findings:
1. 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 project consists of the
development of the addition of 10,578 square feet of office and boardroom space in two phases to
an existing 14,708 square foot office building. The proposed office use is consistent with the Office
(0) General Plan Land Use and Office (0) Zoning designations for the site; all roadways and
improvements necessary to serve the development exist, and no additional improvements are
required.
2. 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
a. The project site is Office (0) zoned property to the south, and Single family residentially
developed properties to the west, north, and east. The project site is currently developed
Community & Economic Development
Planning Division \1635 Faraday Avenue Carlsbad, CA 92008-7314\760-602-4600 \760-602-8560 f J www.carlsbadca.gov
SOP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT
October 4, 2016
Page 2
and has all required utilities and public services. Expansion of the existing facility will not
adversely impact the site, surroundings, or traffic circulation. The existing surrounding
streets, which are fully improved, have adequate capacity to accommodate the additional
315 Average Daily Trips (ADT) generated by the project.
b. The project is separated from other existing surrounding development by major roadways.
The project complies with all applicable development standards included in the Office (0)
Zone.
c. A lighting study submitted for the project indicates that lighting shall be directed away from
the adjacent residential neighborhood to the east to avoid impacts to adjacent homes and
away from open space lots to the maximum extent feasible.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the project complies with all development standards of the Office (0) Zone (Chapter
21.27 of the Carlsbad Municipal Code) including setbacks, building coverage, employee eating,
landscaping, parking, and height restrictions.
4. 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 the office building, surface parking, employee
eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and other
ancillary improvements can all fit within the developable area, and all applicable development
standards of the 0 Zone have been met. Adequate vehicle circulation has been provided to
accommodate safety and vehicle turning movements.
5. 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 office use is consistent with the Office
zone; and the existing surrounding streets, which are fully improved, have adequate capacity to
accommodate the additional 315 ADT generated by the project.
6. That the City Planner finds that the project, as conditioned herein, is in conformance with the
Elements of the City's General Plan, in that the proposed office use is consistent with the Office (O)
General Plan Land Use and Office (0} Zoning designations for the site; meets all applicable
development standards of the 0 Zone; all roadways and improvements necessary to serve the
development exist, and no additional improvements are required.
7. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 11 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.
SOP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT
October 4, 2016
Page 3
Specifically,
a. The project has been conditioned to provide proof from the Encinitas Unified School District
and San Dieguito Union High School District that the project has satisfied its obligation for
school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
c. The Local Facilities Management fee for Zone 11 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
8. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
9. That the request for a 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.
10. 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 15332 [infill development on a project site of fewer than 5 acres that
is substantially surrounded by urban development] 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.
11. 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 the issuance of a grading
permit or building permit whichever occurs first.
1. Approval is granted for SOP 16-07 as shown on Exhibits "A"-"V" dated September 28, 2016 on file in
the Planning Division and incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the City's approval of this Minor Site Development Plan.
SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT
October 4, 2016
Page4
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition is
determined to be invalid, this approval shall be invalid unless the City Council determines that the
project without the condition c:omplies 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 Site Development Plan, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the City's approval is not validated.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Encinitas Unified School District and San Dieguito Union High School District that this
project has satisfied its obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
9. Building permits will not be issued for this project unless the local agency providing water and sewer
services to the project provides written certification to the City that adequate water service and sewer
facilities, respectively, are available to the project at the time of the application for the building
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
10. 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.
11. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction
to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying
all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site
SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT
October 4, 2016
Page 5
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.
12. 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, subject to necessary corrections noted on the Preliminary Landscape 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.
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck
process on file in the Planning Division and accompanied by the project's building, improvement, and
grading plans.
14. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry
wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105.
Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors
and/or materials to the project to the satisfaction of the City Planner.
15. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an
Outdoor Storage Plan, and thereafter comply with the approved plan.
16. Prior to issuance of a building permit, an Adjustment Plat between parcels 255-031-03-00 and 255-
040-56-00 shall be completed and recorded to accommodate the required 101 parking spaces for
the operations building on parcel 255-031-03-00.
Engineering:
NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit,
or building permit, whichever comes first; or pursuant to an approved construction schedule at the
discretion of the appropriate division manager or official.
1. 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.
2. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property, unless the district engineer has determined that adequate
water and sewer facilities are available at the time of permit issuance and will continue to be available
until time of occupancy.
SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT
October 4, 2016
Page 6
3. Developer shall install sight distance corridors at all street intersections and driveways in accordance
with City Engineering Standards. The property owner shall maintain this condition.
4. Developer shall submit to the city engineer written approval from North County Transit District
(NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied.
Fees/ Agreements
5. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
6. Developer shall cause property owner to submit an executed copy to the city engineer for recordation
a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement.
Grading
7. 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.
8. Prior to issuance of a grading permit, developer shall apply for and receive approval of a Conditional
Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) related
to encroachments within the floodplain. Proof of CLOMR shall be provided to the satisfaction of
the city engineer.
9. Prior to final inspection of the grading permit or building permit, whichever comes first, developer
shall submit, process and receive approval of a Letter of Map Revision (LOMR) from FEMA. Proof
of LOMR approval shall be provided to the satisfaction of the City Engineer. A note to this effect
shall be shown on the title sheet of the grading plans.
Storm Water Quality
10. 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.
11. 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.
SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT
October 4, 2016
Pa e 7
12. 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 fees per the city's latest fee schedule.
13. 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.
Dedications/Improvements
14. 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.
15. Developer shall design all proposed public improvements including but not limited to (sewer laterals,
streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc.) 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.
c. Developer shall pay plan check and inspection fees using improvement valuations in
accordance with the city's current fee schedule. Developer shall apply for and obtain a right-
of-way permit prior to performing work in the city right-of-way.
16. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through
the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final
structural pavement design of the aisle ways shall be submitted together with required R-value soil
test information subject to the review and approval of the city engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
17. 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.
18. Developer shall pay 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.
SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT
October 4, 2016
Page 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 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 $673.00. 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 Christer Westman at (760) 602-4614.
Sincerely,
v~~
Principal Planner
VL:CW:sj
c: Steve Bobbett, Project Engineer
Don Neu, City Planner
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