HomeMy WebLinkAboutSDP 2019-0009; 2051 PALOMAR AIRPORT RD; Admin Decision LetterMay 5, 2020
Gene Bark
Steel Wave, LLC
FILE
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Ccityof
Carlsbad
4553 Glencoe Avenue
Marina Del Rey, CA 90292
SUBJECT:
Dear Mr. Bark,
SOP 2019-0009 (DEV2019-0157l -2051 PALOMAR AIRPORT RD -Request for approval
of a Minor Site Development Plan (SDP 2018-0023) to allow interior and exterior
improvements to an existing 187,291-square-foot building to re purpose the building from
industrial use to 165,490 square feet of office and 17,920 square feet of warehouse use
(183,410 square feet total). Exterior site improvements include new parking, employee
eating areas, and landscape to accommodate the office use. The subject 13.07-acre
property is located south of Palomar Airport Road between Camino Vida Roble and
Yarrow drive at 2051 Palomar Airport Road, in the Planned Industrial (P-M) Zone and Local
Facilities Management Zone 5.
The City Planner has completed a review of your application for a Minor Site Development Plan 2019-
0009, located at 2051 Palomar Airport Road. 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 interior and exterior improvements to an existing 187,291-square-foot building to
repurpose the building from industrial use to 165,490 square feet of office and 17,920 square
feet of warehouse use (183,410 square feet total). Exterior building improvements consist of
minor improvements to the south, east, and north facades. The south and east entries are
recessed to make the entries more inviting, which results in a reduction In square footage of
the building. Exterior site improvements include new parking, employee eating areas, and
landscape to accommodate the office use. Surface parking for 717 vehicles (680 required) will
be provided along with 11,730 square feet of outdoor employee eating area (11,005 square feet
required). Perimeter and parking lot landscaping, retaining walls up to six (6) feet in height,
drainage facilities and other ancillary improvements are also proposed. The proposed office
and ancillary warehouse use are consistent with the Planned Industrial (Pl) General Plan Land
Use designation and are permitted uses within the Planned Industrial (P-M) zoning designation
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
SOP 2019-0009 (DEV2019-0157) -2051 PALOMAR AIRPORT RD
May 5, 2020
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for the site. All roadways and impaienl l~ry to serve the development exist, and no
additional improvements are requa..l I,
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
the building footprint is not being expanded and the project complies with all applicable
development standards of the Planned Industrial (P-M) zoning district. The project will not
adversely impact the site, surroundings, or traffic circulation in that the existing surrounding
streets, which are fully improved, have adequate capacity to accommodate the additional 287
Average Daily Trips (ADTs) generated by the project. In addition, the internal traffic circulation
complie.s with Fire Department and Land Development Engineering requirements.
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 Planned Industrial
(P-M) zoning district (Chapter 21.34 of the Carlsbad Municipal Code), including setbacks,
building coverage, employee eating areas, 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 site improvements to accommodate
the office and ancillary warehouse use including surface parking, employee. eating area,
perimeter and parking lot landscape, drainage facilities and other ancillary improvements fit
within the developable area. All applicable development standards of the Planned Industrial
. (P-M) zoning district have been met.
5. That the street system serving the proposed development or use is adequate to properly handle
an-traffic-generated by the-pmposed ase; in that the existing-surrounding streets; which are fully
improved, have adequate capacity to accommodate the additional 287 ADTs generated by the
project. Furthermore, in accordance with the TOM Plan, the project will designate an on-site
transportation coordinator responsible for ensuring that infrastructure and non-infrastructure
strategies are maintained, policies and programs are implemented, and amenities and
partnerships are maintained to ensure compliance with city TOM Plan requirements.
6. 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(a) -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 t~e state CEQA Guidelines do not apply to this project.
7. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
8. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), adopted January 25, 2010 and amended March 4, 2010, in that the
existing structure does not exceed a total elevation of 331 feet above mean sea level within the
SDP 2019-0009 (DEV2019-0157) -2051 PALOMAR AIRPORT RD
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airport influence area, and thus will not create any obstructions of navigable air space. The
structure is located entirely within the Safety Zone 6 portion of the property, which has no
intensity restrictions. The ALUCP identifies office uses within Safety Zone 6 as "compatible."
9. 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.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a grading
or building permit, whichever comes first.
1. Approval is granted for SDP 2019-0009 as shown on Exhibits "A" -"LL" dated May 5, 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 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 D,evelopment 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/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
SDP 2019-0009 (DEV2019-01S7) -2051 PALOMAR AIRPORT RD
May 5, 2020
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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 Carlsbad Unified 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 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits, including, but not limited to the following:
9. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
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. 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.
12. Prior to the issuance of the grading permit, Developer shall submit to the city a Notice of
Restriction to-be-filed-in-the officeoHhe County Recorder, subjecHo 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.
13. 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.
14. 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.
SDP 2019-0009 {DEV2019-0157) -2051 PALOMAR AIRPORT RD
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15. 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.
Engineering:
General
16. 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.
17. 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 ofoccupancy.
Fees/ Agreements
18. 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.
19. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
20. 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. ·
21. . Developer shall implement Transportation System Management strategies per the city's Mobility
Element policy 3-P.11. Prior to issuance of a building or grading permit, developer shall pay for
the installation of one traffic signal controller.
22. Developer shall comply with the Transportation Demand Management ordinance per Carlsbad
Municipal Code section 18.51 and Mobility Element policy 3-P.11. Prior to grading or building
permit issuance, the Developer shall submit a tier 3 Transportation Demand Management Plan to
the satisfaction of the city engineer.
23. The developer shall install the following transportation demand management infrastructure
measures, in accordance with the projects Transportation Demand Management Plan, as shown
on the s.ite plan, to the satisfaction of the City Engineer:
a) 15 public bike parking spaces
b) 1 bicycle repair station
c) 14 preferential parking spaces for car and vanpools
d) 1 passenger vehicle loading zone
SDP 2019-0009 (DEV2019-0157) -2051 PALOMAR AIRPORT RD
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Grading
24. 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 for city engineer review, 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 appropri9te 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. 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 inspecti0!'.l-fees per-the city's
latest fee schedule.
28. 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 hydromodification measures.
Dedications/Improvements
29. 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.
30. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
31. Developer shall design the following transit amenities per the city's Mobility Element policy 3-p.3.
Said improvements shall be installed to city standards to the satisfaction of NCTD and city
SOP 2019-0009 (DEV2019-0157) -2051 PALOMAR AIRPORT RD
May 5, 2020
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Utilities
engineer. These improvements shall be shown on the grading plans processed in conjunction
with this project:
A. Install a concrete pad, bench and trash can on the westbound bus stop at Palomar
Airport Road and Camino Vida Roble.
B. Install a concrete pad, bench and trash can on the eastbound bus stop at Camino Vida
Roble and Palomar Airport Road.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
32. 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. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
33. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
34. The developer shall 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.
Code Reminders:
35. 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 (ADl) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
36. Approval of this request shall not excuse compliance wi.th 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.
37. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
39. 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.
SDP 2019-0009 (DEV2019-0157} -2051 PALOMAR AIRPORT RD
May 5, 2020
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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 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 $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 Cliff Jones at 760-602-4613.
Sincerely,
Te ,/J.-..<'"_A,
------.---"'----~---__ --,
TERI DELCAMP
Principal Planner
TD:CJ:mf
c: Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Avenue, Carlsbad CA 92010
Tecla Levy, Project Engineer
Don Neu, City Planner
HPRM/File Copy