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HomeMy WebLinkAboutAMEND 2023-0006; LORBER WAREHOUSE ADDITION; Admin Decision Letter{city of Carlsbad September 4, 2024 TOM LORBER TLR PROPERTIES INC. 9636 ARBY DR. BEVERLY HILLS, CA 92010 SUBJECT: AMEND 2023-0006 (DEV2023-0077)-LORBER WAREHOUSE ADDITION -Request for an Amendment to Planned Industrial Permit, PIP 94-03, to construct a 6,557-square-foot warehouse addition (4,904 square feet with 1,653-square-foot mezzanine) to an existing 21,417-square-foot industrial building located at 1959 Kellogg Avenue, within the Carlsbad Airport Centre Specific Plan (SP 181(H)), Planned Industrial (P-M) Zone, and Local Facilities Management Zone 5. Dear Mr. Lorber, The City Planner has completed a review of your application for an Amendment (AMEND 2023-0006} to Planned Industrial Permit, PIP 94-03, as described above. Planned Industrial Permits, which are no longer an entitlement type under the City of Carlsbad Municipal Code (CMC}, are superseded by Site Development Plan regulations (CMC 21.06.070). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to CMC Section 21.06.070 to approve this request based on the following findings and subject to the conditions listed below. Findings: Amendment to Planned Industrial Permit (Site Development Plan), AMEND 2023-0006 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 a 6,557- square-foot (sf) warehouse addition (4,904 square feet (sf) with 1,653-sf mezzanine) to an existing 21,417-sf industrial building, which is consistent with the Airport Business Centre Specific Plan (SP 181(H)) and the requirements of the Planned Industrial (P-M) Zone. Surface parking for 65 vehicles is provided on site, which is the total number of spaces required for the existing building (58.3 spaces required; 6575 sf office/250 + 11,339 sf manufacturing/400 + 3,503 sf warehouse/1000 = 58.3) and the warehouse addition (6.6 spaces required; 6,557 sf/1000 = 6.6). Retaining walls, drainage improvements, and parking lot improvements necessary for the proposed warehouse addition are also consistent with requirements of the Carlsbad Airport Center Specific Plan (SP 181(H)) and the Carlsbad Municipal Code. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2023-0006 (DEV2023-0077)-LORBER WAREHOUSE ADDITION September 4, 2024 Page 2 All roadways and improvements necessary to serve the development exist, and no additional improvements are required. The project is located within the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP}, with exterior noise exposure up to 70 dB CNEL. The proposed warehouse, and existing research and development, and manufacturing uses, are identified as compatible uses for the level of airport noise exposure. The project is also compatible with safety, height, and overflight policies and requirements of the ALUCP. 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 project consists of a new warehouse addition to an existing 21,417-square-foot commercial building. The new warehouse addition is 4,904 square-feet with a 1,653-square-foot mezzanine, for total of 6,557 square feet. The proposed addition and warehouse use is consistent with the Airport Business Centre Specific Plan and the requirements of the Planned Industrial (P-M} Zone. Surface parking for 65 vehicles will be provided, which complies with the parking requirements for the existing building (58 spaces required) and the new warehouse (7 spaces required). The project site is surrounded by Planned Industrial (P-M} zoned property, which is developed with similar two-story structures and commercial/industrial uses. The proposed addition is designed to complement the existing building, utilizing the same architectural elements and materials. All roadways and improvements necessary to serve the development exist, and no additional improvements are required. The project is also located in proximity and subject to the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP}, with exterior noise exposures up to 70 dB CNEL. The proposed warehouse, combined with existing research and development, and manufacturing uses, are identified as compatible land use uses for the level of airport noise exposure. The project is also compatible with safety, height, and overflight policies and requirements of the McClellan-Palomar ALUCP. The project complies with all applicable development standards included in the Carlsbad Airport Centre Specific Plan (SP 181(H}} and the P-M Zone. 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) Zone (Chapter 21.34 of the Carlsbad Municipal Code) and the Carlsbad Airport Centre Specific Plan, SP 181(H}, including setbacks, building coverage, 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 new 6,557-square-foot warehouse addition, with associated grading, drainage and parking lot improvements, and existing 21,417 square-foot commercial building all fit within the developable area, and that all applicable development standards of the Planned Industrial (P-M} Zone and the Carlsbad Airport Centre Specific Plan (SP 181(H}} have been met. Parking and loading areas are screened through the combined use of building orientation and landscaping. Access to the site will be provided via a singular driveway on Kellogg Avenue. Pedestrian connection to the existing sidewalk on Kellogg Avenue is existing and will be maintained. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2023-0006 (DEV2023-0077)-LORBER WAREHOUSE ADDITION September 4, 2024 Pa e 3 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 project, consisting of a 6,557-square- foot warehouse addition (4,904 square feet with 1,653-square-foot mezzanine) to an existing 21,417-square-foot industrial building, is consistent with the Carlsbad Airport Centre Specific Plan, SP 181(H}, and the uses specifically allowed by the specific plan. The existing surrounding streets are fully improved and will accommodate the additional traffic generated by the project. General 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(e)-Existing Facilities of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), adopted January 25, 2010, and amended on March 4, 2010, and December 1, 2011, in that the property is located within Zone 6, Traffic Pattern Zone, of the Safety Compatibility Policy Map, which has no limits on acceptable intensity (people per acre). The proposed warehouse addition does not exceed the height of the existing structure, 25 feet, four inches, and will not adversely impact flight operations. In addition, the project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the project is located where exterior noise exposure may be as high as 70 dB CNEL, and the proposed warehouse, and existing research and development, and manufacturing uses, are identified as compatible land uses for this level of airport noise exposure. The proposed warehouse, and existing research and development, and manufacturing uses are also considered to be compatible land uses in Safety Zone 6 without any additional conditions or limitations placed upon them. 8. 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 issuance of a grading permit or building permit, whichever occurs first. 1. Approval is granted for AMEND 2023-0006 as shown on Exhibits "A" -"E" dated September 4, 2024, 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2023-0006 (DEV2023-0077)-LORBER WAREHOUSE ADDITION September 4, 2024 Page 4 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 Planned Industrial Permit Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Industrial Permit Amendment 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 Planned Industrial Permit Amendment, (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. 8. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application . 9. 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. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2023-0006 (DEV2023-0077)-LORBER WAREHOUSE ADDITION September 4, 2024 Pa e 5 permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 11. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Industrial Permit Amendment 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. 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. 13. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. Engineering: General 14. 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. Fees/ Agreements 15. 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. Storm Water Quality 16. 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2023-0006 (DEV2023-0077)-LORBER WAREHOUSE ADDITION September 4, 2024 Page 6 17. Developer shall complete and submit to the city 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. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 18. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans and/or building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 19. 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. 20. 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. Dedications/Improvements 21. Prior to issuance of a building permit, developer shall apply for and obtain a right-of-way permit for all proposed work within the city right-of-way including, but not limited to, storm drainage improvements. 22. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way to the satisfaction of the city engineer. These facilities shall be constructed within the property. Utilities 23. 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. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-3 39-2600 AMEND 2023-0006 (DEV2023-0077) -LORBER WAREHOUSE ADDITION September 4, 2024 Pa e 7 24. 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. 25 . Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Ca rlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and/or floor area contained in the staff report and shown on the site plan are for planning purposes only. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 AMEND 2023-0006 (DEV2023-0077)-LORBER WAREHOUSE ADDITION September 4, 2024 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 $930.00. 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 Kyle Van Leeuwen at (442) 339-2611 Sincerely, CLIFF JONES Principal Planner CJ:KVL::CF C: Jason Geldert, Project Engineer Eric Lardy, City Planner Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600