HomeMy WebLinkAboutSDP 14-01; Burke Carlsbad Business Center; Site Development Plan (SDP)SDP 14-01-BURKE CARLSBAD BUSINESS CENTER
April 30, 2014
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warehouse/office project will not be detrimental to existing uses or to uses specifically
permitted in the area in which the use is located in that, the warehouse/office project is a use
permitted within the P-M zone and is compatible with the warehouse/office projects to the
south, east and west. The proposed warehouse/office building is properly related to the site
surroundings and environmental settings in that the project complies with all development
·standards of the P-M zone and will result in no environmental impacts. The project will not
adversely impact the site, surroundings, or traffic circulation in that the project complies with
all applicable development standards and is adequately parked onsite. The existing
surrounding streets which are fully improved have adequate capacity to accommodate the 505
Average Daily Trips (ADT) generated by the project.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the proposed project complies with all applicable development standards of the
Planned Industrial Zone (P-M), including setbacks, building coverage, landscaping
requirements, surface parking, employee eating areas, 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 proposed two-story warehouse/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 along Lionshead Avenue 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 separate driveways onto
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/CT 98-10/HDP 98-09/PIP 01-01 for the Carlsbad Raceway Business Park subdivision.
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/CT 98-10/HDP 98-09/PIP 01-01
-Carlsbad Raceway Business Park was adopted in connection with the prior project or
plan;
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.
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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 a two-story warehouse/office buildings which is
consistent with the Planned Industrial (P-M} Zone which implements the Planned Industrial (PI}
General Plan Land Use Designation applied to the proper:ty.
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 Carlsbad 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.
Conditions:
Note: All conditions shall be satisfied prior to grading permit or building permit, whichever comes first,
or as specified in the condition, unless an alternate construction schedule has been approved by the
appropriate division manager or official.
1. Approval is granted for SOP 14-01 -BURKE CARLSBAD BUSINESS CENTER as shown on Exhibits
"A" -"K" dated April 29, 2014 on file in the Planning Division and incorporated herein by
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April 3D, 2014
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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
Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan Permit 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. The 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 Permit, (b) City's
approval or issuance of any permit or action, whether discretionary or non-discretionary, 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.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in
effect at the time of building permit issuance.
6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Site Plan
reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible
version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any
applicable Coastal Commission approvals).
8. 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.
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
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building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section S.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
18, 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. Prior to the issuance of a building permit or grading permit, whichever occurs first, the 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 Minor Site Development Plan Permit 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. Prior to the issuance of a building permit or grading permit, whichever occurs first, the Developer .
shall prepare and record a Notice that this property is subject to overflight, sight and sound of
aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the City
Planner and the City Attorney (see Noise Form #2 on file in the Planning Division.
13. Prior to building permit issuance, the developer shall submit a noise study to determine the
proper architectural and/or structural features (i.e. specialized door, window or ventilation
features) necessary to comply with the Planned Industrial interior noise standard of 65 dB(A)
CNEL, as identified by the Carlsbad Raceway Business Park Mitigation Monitoring and Reporting
Program. This noise study shall be included with the building plan submittal package and
comply with the requirements of the Carlsbad Noise Guidelines Manual.
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 plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
16. 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
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as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
17. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent property, and/or open space.
18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall wit~ 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.
19. 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.
20. Prior to the issuance of a permit, the Developer shall provide proof to the Director from Carlsbad
Unified School District that this project has satisfied its obligation to provide school facilities.
21. 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 residential housing 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.
22. Developer shall construct, install, and stripe not less than 186 parking spaces, as shown on Exhibit
II All -"KII.
23. The location and size of all employee eating areas, parking areas, and landscaped areas within
the project, as shown on Exhibit "A-K", shall not be altered, reduced, fenced, or divided to
preclude the equal use by all employees of the site.
24. Prior to submitting building plans for tenant improvements to the City of Carlsbad Building
Division, the property owner shall be required to approve the tenant improvement plans for
purposes of assuring an adequate distribution of parking spaces.
25. The property owner shall be r'esponsible for reviewing all future/proposed tenant
improvements for the project to ensure that the number of required parking spaces to
accommodate the combined proportions of uses, based on the parking ratios required pursuant
to Chapter 21.44 of the Carlsbad Municipal Code, does not exceed 186 spaces.
26. The applicant shall use native plants to the greatest extent feasible in the landscaped areas
adjacent to and/or near mitigation/open space areas and/or wetland/riparian areas. The
applicant shall not plant, seed, or otherwise introduce Invasive exotic plant species to the
landscaped areas adjacent and/or near the mitigation/open space areas and/or wetland
riparian areas. Exotic species not to be used include those species listed on Lists A and B of the
California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in
California as of October, 1999." This list includes such species as: pepper trees, pampas grass,
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fountaingrass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet
alyssum, English ivy, French broom, Scotch broom, and Spanish broom.
27. To avoid an increase in the fire hazard due to placement of buildings in proximity to slopes
containing high fuel native vegetation, the project Landscape Plans identify a 30' wide fire
suppression zone in which the 10' closest to the top of slope must be landscaped in accordance
with the City's Landscape Manual provisions for manufactured slopes (Zone A-2).
28. 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.
29. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a grading permit or building permit
whichever comes first.
General
30. 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.
31. 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.
32. Developer shall install sight dista.nce corridors at all driveways in accordance with City Engineering
Standards and as shown on Map No.15013. The property owner shall maintain this condition.
Fees/ Agreements
33. 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.
34. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
35. Developer shall cause property owner to process, execute and submit an executed copy to the
city engineer for recordation a city standard Permanent Stormwater Quality Best Management
Practice Maintenance Agreement for the perpetual maintenance of all treatment control,
applicable site design and source control, post-construction permanent Best Management
Practices prior to the issuance of a grading permit or a building permit whichever occurs first.
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Grading
36. 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, for city engineer review, and shall pay all applicable grading plan review
fees per the city's latest fee schedule.
37. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay
all applicable grading permit fees per the city's latest fee schedule and shall post security per City
Code requirements.
38. Developer shall comply with the city's Storm water 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 storm water conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
39. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
40. Prior to the issuance of grading permit or building permit, whichever occurs first, 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.
41. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule.
42. Hydromodification (runoff reduction) requirements impact how this project treats and/or retains
storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount
of post-development run-off by mimicking the natural hydrologic function of the site, preserving
natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces,
and promoting onsite infiltration and evaporation of run-off. During final design, developer shall
demonstrate compliance with storm water requirements to the satisfaction of the city engineer.
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43. 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, treatment control
BMP, hydromodification measures, and Low Impact Design (LID) facilities.
44. Developer shall submit documentation, subject to city engineer approval, demonstrating how this
project complies with hydromodification requirements per the city's SUSMP, latest version.
Documentation shall be included within the Storm Water Management Plan (SWMP).
Dedications/Improvements
45. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems (12" diameter storm drain and larger).
46. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
A. Water main, fire hydrants and appurtenances.
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.
47. 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.
48. Developer shall provide maintenance access easements to public drainage facilities for this
project to the satisfaction of the city engineer.
Utilities
49. 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 shall be
considered public improvements and shall be served by public water mains to the satisfaction of
the district engineer.
SO. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
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51. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
52. 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.
53. The developer shall design and construct public water facilities substantially as shown on the site
plan to the satisfaction of the district engineer and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
54. Approval of this request shall not e>ccuse· 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.
55. Developer shall exercise special care during the construction phase of this project to prevent
offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad
Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer.
56. 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.
57. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
58. Prior to the issuance of a building permit, Developer shall pay the local Facilities Management
fee for Zone 18 as required by Carlsbad Municipal Code Section 21.90.050.
59. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
60. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
62. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.