HomeMy WebLinkAboutMS 2023-0007; 1675 FARADAY AVENUE LOT SPLIT; Admin Decision LetterCcityof
Carlsbad
August 28, 2024
Keith Hansen
O'Day Consultants
2710 Loker Avenue West, Ste. 100
Carlsbad, CA 92010
SUBJECT: MS 2023-0007 (DEV2023-0141) -1675 FARADAY AVENUE LOT SPLIT -Request for
approval ofTentative Parcel Map MS 2023-0007 to subdivide an existing 14.29 acre parcel
into two parcels with areas of 8 acres and 6.29 acres at 1675 Faraday Avenue (APN 212-
130-52-00), in the Heavy Commercial (C-M) and Open Space (OS) Zones, Carlsbad
Research Center Specific Plan SP 180(1), and Local Facilities Management Zone 5. The City
Planner has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 15315 "Minor Land
Divisions" of the State CEQA Guidelines and will not have any adverse significant impact
on the environment.
Dear Mr. Hansen,
The City Planner has completed a review of the application for two-lot Tentative Parcel Map located at
1675 Faraday Avenue. Parcel A is developed with a 56,000-square-foot light industrial building and
associated surface parking lot which is proposed to remain. Parcel Bis vacant and will be available for the
construction of a light industrial building under the current C-M zoning designation and will be subject to
the standards of SP 180(1). The western/rear portion of the lot is zoned OS and comprises sensitive upland
habitat which is designated as Habitat Management Plan (HMP) Hardline Area. No development can be
permitted in this area. Prior to recordation of the map, the project applicant will be required to record an
Open Space Easement over this area to ensure that it remains protected in perpetuity. Long-term
management will not be required.
The City Planner has made a decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code
to APPROVE this Tentative Parcel Map based on the findings and subject to the conditions listed below.
Findings:
1. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Divisions) of the State
CEQA Guidelines and will not have any adverse significant impact on the environment in that the
property ls in an urbanized area; zoned for light industrial; ls being subdivided into four or fewer
parcels; no variances are needed for the subdivision; all services for the parcels are available; the
parcel was not part of a larger subdivision within the last two years; and the parcel does not have
an average slope greater than 20 percent. In addition, the HMP Hardline Area located to the rear
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
MS 2023-0007 (DEV2023-0141)-1675 FARADAY AVENUE LOT SPLIT
August 28, 2024
Pa e 2
of lot, and which follows the limits of the OS General Plan and Zoning designations (i.e., "Natural
Open Space" on tentative parcel map), will be permanently preserved through an Open Space
Easement.
2. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act,
and will not cause serious public health problems, in that the Pl, Planned Industrial, General Plan
Land Use designation allows for light industrial development. The parcels being created satisfy
all minimum requirements of Titles 20 and 21 regarding lot sizes and configuration and have been
designed to comply with all other applicable regulations. In addition, consistent with the
requirements of Title 21 and the HMP, the HMP Hardllne Area, which has an Open Space (OS)
Zoning and General Plan Land Use designation, will be permanently preserved through an Open
Space Easement.
3. That the proposed project is compatible with the surrounding future land uses since the adjacent
properties to the north, east and west are also designated C-M and OS and developed with light
industrial buildings. The two-lot subdivision will allow for the development of a light industrial
building on Parcel Bas well as the permanent preservation of HMP Hardline Area, consistent with
the C-M and OS zones, respectively.
4. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that the proposed subdivision meets all development standards and design criteria required by
the C-M zone for the creation of two standard lots, including but not limited to requirements for
access, minimum lot size, lot width, lot coverage, and setbacks. In addition, the sensitive upland
habitat located in the HMP Hardline Area will be preserved through the recordation of an Open
Space Easement (or equivalent document) prior to recordation of the tentative parcel map.
5. That the design of the subdivision or the type of improvements will not conflict with easements of
record or easements established by court judgment, or acquired by the public at large, for access
through or use of property within the proposed subdivision, in that the developer will delineate
and preserve on the tentative parcel map, all existing easements of record.
6. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
7. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the lots provide ample area to take
advantage of prevailing breezes and allow for passive or natural solar heating and cooling
opportunities for the future light industrial development.
8. That the City Planner has considered, in connection with the housing proposed by this subdivision,
the housing needs of the region, and balanced those housing needs against the public service needs
of the city and available fiscal and environmental resources in that no housing is proposed in
conjunction with the subdivision.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
MS 2023-0007 (DEV2023-0141)-1675 FARADAY AVENUE LOT SPLIT
August 28, 2024
Pa e 3
9. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that no development Is proposed within the sensitive upland habitat located in the HMP Hardline
Area on the west side of the lot. In addition, the HMP Hardline Area will be preserved in
perpetuity through the recordation of an Open Space Easement (or equivalent document) prior
to recordation of the tentative parcel map.
10. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that no development beyond the
subdivision of the property is proposed at this time.
11. That the City Planner finds that the project, as conditioned herein, is in conformance with the city's
General Plan in that the proposal to subdivide the 14.29-acre property into two light industrial
lots, in conjunction with the requirement to record an Open Space Easement over the existing
HMP Hardline Area, which follows the limits of the OS zone, Is consistent with the intent and
purpose of the General Plan and the Habitat Management Plan.
12. The project is consistent with the Citywide 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 project has been conditioned to provide proof from the Carlsbad School District that the
project has satisfied its obligatron 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.
13. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50) in that no landscaping is proposed as part of
the two-lot subdivision.
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 specifically stated in the condition, all of the following conditions, upon the approval of this
tentative parcel map, must be met prior to approval of a final parcel map, building permit, or grading
permit, whichever is first.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
MS 2023-0007 (DEV2023-0141) -1675 FARADAY AVENUE LOT SPLIT
August 28, 2024
Pa e 4
Planning
1. 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 Tentative Parcel Map.
2. Approval is granted for MS 2023-0007 as shown on Exhibits" A" -"C", dated August 26, 2024, on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Parcel Map documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of 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 Tentative Parcel Map, (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 Carlsbad Unified School District that this project has satisfied its obligation to provide
school facilities.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
MS 2023-0007 (DEV2023-0141) -1675 FARADAY AVENUE LOT SPLIT
August 28, 2024
Pa e 5
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.
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. A note to this effect shall be placed on the final map.
10. Developer shall pay the citywide Public Faciliti.es Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant
to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees
are not paid, this approval will not be consistent with the General Plan and shall become void.
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, any change in the telecommunications provider, or any
transfer in ownership of the site.
12. Prior to the approval of the final map, Developer shall submit to the City a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is 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 Tentative Parcel Map on the real
property owned by the owner/applicant. 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 dedicate, on the final map, an Open Space Easement over the Habitat
Management Plan {HMP) Hardllne Area and Open Space-zoned area shown on Exhibits "A" -"C."
The HMP Hard line Area consists of sensitive upland habitat and shall be preserved in perpetuity,
in conformance with the city's HMP. The Open Space Easement shall prohibit any encroachment
or development, Including but not limited to structures, landscaping, parking lots, fencing/walls
or brush management, Is permitted in this area.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed subdivision, must be met prior to approval of a parcel map.
General
14. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. There shall be one Parcel Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
MS 2023-0007 (DEV2023-0141)-1675 FARADAY AVENUE LOT SPLIT
August 28, 2024
Pa e 6
15. 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.
Dedications/Improvements
16. Developer shall cause owner to vacate a portion of an existing easement to the City of Carlsbad
for waterline purposes, recorded May 10, 2002 as Document number 2002-0400068. The vacation
shall be made on the parcel map.
Non-Mapping Notes
17. Add the following notes to the final map as non-mapping data:
A. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
18. This tentative parcel map shall expire two years from the date on which the city planner approves
this application unless extended per Chapter 20.24.180 of the Carlsbad Municipal Code.
19. 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.
20. 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/or shown on the Tentative Parcel Map are for planning purposes
only.
21. Developer shall pay park-in-lieu fees to the city, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
22. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
23. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
24. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee
for Zone 5 as required by Carlsbad Municipal Code Section 21.90.050.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
MS 2023-0007 (DEV2023-0141) -1675 FARADAY AVENUE LOT SPLIT
August 28, 2024
Pa e 7
25. 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.
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 $900.00. The filing of such appeal within such
time limit shall stay the effective date of the order of the City Planner until such time as a final decision
on the appeal is reached. If you have any questions regarding this matter, please feel free to contact
Shannon Harker at (442) 339-2621.
Sincerely,
ERIC LARDY
City Planner
EL:SH:CF
c: Jason Anderson, Faraday Corporate Office LLC, 1675 Faraday Avenue, Carlsbad, CA 92008
Curtis Jackson, Real Estate Manager, Community Services
Linda Ontiveros, Land Development Engineering
File Copy
Data Entry/Laserfiche
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600