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HomeMy WebLinkAboutSDP 16-19; DISTRIBUTE LOTS 13-15 SHELL BUILDING; Admin Decision LetterMarch 13, 2017 Peter Bussett Ccityof Carlsbad Smith Consulting Architects Unit 125 13280 Evening Creek Drive San Diego, CA 92128 SUBJECT: SOP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING-Request for approval of a Minor Site Development Plan {SDP 16-19) to allow the development of a 172,360 square foot industrial/office building with 357 parking spaces, site landscaping, and all necessary improvements to provide utilities for the site which is located at on the north side of Lionshead Avenue at the eastern city border {Lots 13-15 of CT 98-10) in Local Facilities Management Zone 18 Dear Mr. Bussett, The City Planner has completed a review of your application for Minor Site Development Plan SOP 16-19 located on the north side of Lionshead Avenue at the eastern city border {Lots 13-15 of CT 98-10). 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 construction of a new industrial building (totaling 172,360 square feet) with surface parking for 357 vehicles, outdoor (6,495 square feet) employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and other ancillary improvements necessary to improve the project site located at the eastern end of Lionshead Avenue (Lots 13-15 of CT 98-10). The project site is bordered by an existing car wash in the City of Vista to the east, an industrial building to the west, Lionshead Avenue to the south and Industrial buildings in the City of Vista to the north. The office, manufacturing and warehouse uses are consistent with the Planned Industrial (PI) General Plan Land Use and Planned Industrial (P-M) Zoning designations for the site; all roadways and improvements necessary to serve the development exist, and no additional improvements are required; and the buildings are located outside the 60 dBA CNEL noise contour of the McClellan- Palomar Airport. The project will not adversely impact the site, surroundings, or traffic circulation in that the project complies with all applicable development standards included in the Planned Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760-602-8560 f I www.carlsbadca.gov SDP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING March 13, 2017 Page 2 Industrial (P-M) Zone; and the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 825 Average Daily Trips (ADT) generated by the project. 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 thatthe project complies with all development standards of the Planned Industrial (P-M) Zone including setbacks, building coverage, employee eating, landscaping, parking, and height restrictions. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the industrial/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 Planned Industrial (P-M) Zone have been met. Loading areas have been screened through building orientation and screen walls. Adequate vehicle circulation has been provided to accommodate safety and truck turning movements. Access to the site will be provided via two driveways from Lionshead Avenue. Pedestrian connection to the existing sidewalk on Lionshead Avenue has been provided via a sidewalk along the western driveway. 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 proposed industrial/office building, surface parking, employee eating areas, and other necessary improvements can fit within the developable area of the lot and all applicable development standards have been met. Proposed landscaping and existing slopes will help screen the parking areas. Adequate vehicle circulation has been provided to accommodate safety and truck turning movements. Access to the site will be provided by two driveways from Lionshead Avenue. 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 use is consistent with the use analyzed in the circulation analysis prepared for Mitigated Negative Declaration GPA 98-05/ZC 01-07 tcr 98- 10/HDP 98-09/PIP 01-01 for the Carlsbad Raceway Business Park subdivision; and the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 825 Average Daily Trips (ADT) generated by the project. 6. The City Planner has determined that: a. this project is a project for which a Mitigated Negative Declaration was previously adopted [15162]; b. this project is consistent with the .project cited above; c. the Mitigated Negative Declaration GPA 98-05/ZC 01-07/0 98-10/HDP 98-09/PIP 01-01 - Carlsbad Raceway Business Park was adopted in connection with the prior project or plan; SOP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING March 13, 2017 Page 3 d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 7. The City Planner finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and the Carlsbad Raceway Business Park subdivision in that the proposed development consists of an industrial/ office building which is consistent with the Planned Industrial (P-M) Zone which implements the Planned Industrial (PI) General Plan Land Use Designation applied to the property, and is consistent with the city's Climate Action Plan, as conditioned. 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 18 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 project has been conditioned to provide proof from the San Marcos Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. 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. d. The Local Facilities Management fee for Zone 18 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. e. A growth management park fee of 40 cents per square foot of non-residential 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 18. 9. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 10. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. SDP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING March 13, 2017 Page4 Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit or grading permit issuance, whichever comes first. 1. Approval is granted for SDP 16-19 as shown on Exhibits "A"-"T" dated March 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. 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. 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 complies with all requirements of law. 6. Developer shall implement, or cause the implementation of, the Carlsbad Raceway Business Park Project Mitigation Monitoring and Reporting Program (GPA 98-05/ZC 01-07 /CT 98-10/HDP 98-09/PIP 01-01). 7. 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. SOP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING March 13,2017 Page 5 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the San Marcos 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 18 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. 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. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 13. 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 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. 14. 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. 15. 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. 16. 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. SDP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING March 13, 2017 Page 6 17. 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. 18. Developer shall demonstrate compliance with the city's Climate Action Plan (CAP) by complying with the Climate Action Plan Consistency Checklist to the satisfaction of the City Planner. All construction plans shall reflect the project design measures as described in the checklist and in the Greenhouse Gas Analysis prepared by Ldn Consulting, Inc., dated January 16, 2017. The GHG reduction measures include but are not limited to the following: installation of rooftop photovoltaic panels totaling 228 kilowatts, LED lighting for at least 75% of the project, natural gas service water heaters with a minimum of 95% thermal efficiency, a transportation demand management (TOM) plan, and 10 electric vehicle (EV) charging stations with an additional 9 future EV capable charging spaces. Engineering: General 19. 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. 20. 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. 21. 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. Fees/ Agreements 22. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 23. 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. 24. Prior to approval of a grading permit or any building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. SOP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING March 13, 2017 Page 7 Grading 25. 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 26. 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 storm water, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 27. 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. 28. 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 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. 29. The project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMPL 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. 30. 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. 31. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. SDP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING March 13, 2017 PageS Dedications/Improvements 32. Developer shall submit a request to the city for the relinquishment of previously waived access rights along Lionshead Avenue across the proposed driveway locations. 33. Developer shall design the private drainage systems, as shown on the tentative map 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. 34. Developer shall design all proposed public improvements including but not limited to (curb, gutter, sidewalk, driveway approach, water services, double check valve detector assembly, etc.) as shown on the site plan. These improvements shall be shown as a 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 apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 35. 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. Utilities 36. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 37. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 38. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 39. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The location of sewer laterals shall be reflected on public improvement plans. 40. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. • ' f • SDP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING March 13, 2017 Page 9 Code Reminders: 41. 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. 42. 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. 43. 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 tentative map are for planning purposes only. 44. 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. 45. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 46. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 47. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 48. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. SDP 16-19-DISTRIBUTE LOTS 13-15 SHELL BUILDING March 13, 2017 Page 10 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 "f~es/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 $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 Chris Garcia at 760-602-4622. Sincerely, VANL Principal Planner VL:CG:sc c: Jim Jacob, RAF Pacifica Group, Suite 103, 1010 South Coast Highway, Encinitas, CA 92024 Steve Bobbett, Project Engineer Don Neu, City Planner File Copy Data Entry I l~l ....