HomeMy WebLinkAboutPUD 2017-0008; SMAC LOT 75; Admin Decision LetterAugust 22, 2018
Tim Schulze
1175 Sorrento Valley Road Suite 100
San Diego, CA 92121
8 FILE r.opy IYlWa:i '13 T4', 0
Ccityof
Carlsbad
SUBJECT: PUD 2017-0008 (DEV2017-0169) -SMAC LOT 75 -Request for approval of a Minor Non-
Residential Planned Development Permit {PUD 2017-0008} for a reciprocal parking, access
and maintenance agreement between three legal lots in association with the development of
a new single-story, 54,414 square foot industrial building, comprised of 49,414 square feet of
manufacturing and 5,000 square feet of warehouse, located at 1695 Faraday Avenue, 5807
Van Allen Way, and 5815 Van Allen Way, in the Heavy Commercial -Limited Industrial {C-M)
Zone, the Carlsbad Research Center Specific Plan {SP 180(1)) and Local Facilities Management
Zone 5.
Dear Mr. Schulze,
The City Planner has completed a review of your application for a Minor Non-Residential Planned
Development Permit {PUD 2017-0008) located at 1695 Faraday Avenue, 5807 Van Allen Way, and 5815
Van Allen Way. A notice was sent to property owners within a 300-foot radius of the subject property
requesting comments in regard to the above request. No comments were received within the ten-day
notice period (ending on August 8, 2018). After careful consideration of the circumstances surrounding
this request, the City Planner has made a decision pursuant to Section 21.45.050 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 granting of this permit will not adversely affect and will be consistent with the Municipal
Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the city and
other governmental agencies, in that (a) the construction of a 54,414 square foot industrial building
on 3.07 acres is consistent with the General Plan Land Use Element's goals and policies by ensuring
a diversity of industrial establishments, modern attractive, well-designed industrial buildings, and
compatibility with surrounding land uses within the Planned Industrial (Pl) Land Use designation;
(b) the project is also consistent with the Carlsbad Research Center (CRC) Specific Plan's {SP-180(11)
overall design concept (Section 3.2) and development standards (Section 4.3), and has already
received approval by the CRC's Owner's Association for compliance with specific plan design
guidelines; (c) complies with Carlsbad Municipal Code (CMC) Chapter 21.30 development standards
and intended use for non-residential planned developments within the Heavy Commercial-Limited
Industrial (C-M) Zone; and (d) satisfies the requirements of CMC Section 21.44.040, which allows
modifications to parkinlf standards through a reciprocal parking, access and maintenance
agreement associated with the two adjacent-existing industrial lot (e.g. 1695 Faraday Avenue, and
5807 Van Allen Way) based on the results of a parking study conducted by a qualified parking
consultant.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
PUD 2017-0008 {DEV2017-0169) -SMAC!l-(:\Tj\
August 22, 2018
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2. That the proposed use at the particular location is necessary and desirable to provide a service or
facility which will contribute to the general long-term well-being of the neighborhood and community,
in that the lot proposed for new Industrial development is located within Area 2C of the CRC Specific
Plan and permits light industrial uses as permitted in Area 1. The project will provide a particular
use that is diverse among other industrial uses within the CRC, however, complementary, in that it
will provide opportunities for economic growth and vitality that enhances Carlsbad's long-term goal
of being a premier regional employment center. In addition, the reciprocal parking, access and
maintenance agreement between the three lots will provide greater flexibility for the company in
complying with parking requirements based on the design and connectedness between all three
lots. Functionally, the reciprocal parking, access and maintenance agreement will directly connect
the three lots by three Internal drive-Isles and walkways, but more importantly it will indirectly
increase efficiency in pedestrian and vehicular continuity. This project will create a unique Industrial
campus that provides connectedness between the three lots that will further enhance the character
and image of the city's planned industrial lots.
3. That such project will not be detrimental to the health, safety, or general welfare of persons residing
or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project
complies with the goals, policies, development standards and guidelines of the General Plan,
Specific Plan SP 180{1), and the zoning ordinance; the project will also comply with the latest
nonresidential requirements pursuant to Title 24 of the California Building Code. In addition, the
reciprocal parking, access and maintenance agreement will facilitate connections between the lots
providing a safer pedestrian movement on and off site.
4. The proposed nonresidential planned development meets all of the minimum development standards
of the underlying zone in that the proposed industrial use is a permitted use within the Heavy
Commercial -Limited Industrial {C-M) zone, and complies with the development standards such as
height, setbacks and lot coverage of Chapter 21.30.
5. That such project will not be detrimental to the health, safety, or general welfare of persons residing
or working in .the vicinity, or injurious to property or improvements in the vicinity, in that the project
is properly conditioned to satisfy the requirements of the city's development standards and the CRC
Specific Plan 180(1).
6. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50) as well as the CRC's specific plan landscape
guidelines and requirements.
7. That the request for a Minor Non-Residential Planned Development Permit was adequately noticed
at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the
Carlsbad Municipal Code.
8. That the project is consistent with the City-Wide 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 Unified School District
that the project has satisfied its obligation for school facilities.
I
PUD 2017-0008 (DEV2017-0169) -$MAC LOT 75
August 22, 2018
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b. 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.
c. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
d. A growth management park fee of $0.40 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 5.
9. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that the development of a new single-story
54,414 square foot building and associated industrial, warehouse and manufacturing uses are
consistent with the ALUCP based upon the following:
a. The proposed industrial building is located outside the 60 dB CNEL noise contour. The
ALUCP identifies all uses located outside the 60 dB CNEL noise contour as compatible with
airport uses;
b. The proposed industrial building underlies the horizontal surface which is a flat surface
established 150 feet above the established airport elevation. Based on the airports
elevation of 331 feet above mean sea level {MSL), the surface height is 481 feet MSL. The
ground elevation of the project site is 242 feet MSL. The tallest elevation of the building is
approximately 24 feet above ground level at the highest point, bringing the project to an
elevation of approximately 266 feet MSL, and resulting in a vertical clearance of about 215
feet between the highest point of the building and the horizontal surface (481 feet MSL -
266 feet MSL building height= 215 feet clearance). Therefore, the project will not penetrate
the airspace protection surfaces of the airport, and thus, is consistent with the ALUCP.
c. The project site Is located within Safety Zone 6, and the ALUCP identifies industrial,
manufacturing and warehouse uses within Safety Zone 6 as "compatible" with no limits
regarding intensity (ALUCP Section 3.4.5(a)(1)). Therefore, the project is consistent with
Safety Zone 6 criterion.
d. The proposed project is located within the overflight notification area. The ALUCP requires
recordatlon of an overflight notification only for new residential uses.
10. 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 15332-In-Fill Development 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.
11. 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.
PUD 2017-0008 (DEV2017-0169) -SMAC LOT 75
August 22, 2018
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a grading
permit or building permit whichever occurs first.
1. Approval is granted for PUD 2017-0008 as shown on Exhibits "A" -"Z" dated August 8, 2018 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 Non-Residential Planned Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Non-Residential Planned Development 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. 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 Non-Residential Planned Development Permit, (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. 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.
PUD 2017-0008 (DEV2017-0169) -SMAC LOT 75
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9. 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:
a. A growth management park fee of $0.40 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 5.
10. Building permits will not be issued for this project unless the local agency providing water and sewer
services to the project provides written certification to the city that adequate water service and sewer
facilities, respectively, are available to the project at the time of the application for the building
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
12. 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.
13. 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.
14. 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.
15. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry
wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105.
Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors
and/or materials to the project to the satisfaction of the City Planner.
16. 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 homes
or property.
17. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so required,
the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor
Storage Plan, and thereafter comply with the approved plan.
18. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction of the City Planner.
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19. The Reciprocal Parking, Access and Maintenance Agreement shall be submitted, reviewed as to
form by the city, and signed by the property owners prior to issuance of a building permit.
20. The Reciprocal Parking, Access and Maintenance Agreement shall apply solely to the subject
properties identified on Exhibits "A" -"Z" dated August ZO, 2018. The Reciprocal Parking, Access
and Maintenance Agreement shall run with the land and a transfer of ownership of one or more of
the properties shall not affect the enforceability of the Agreement so long as this Non-Residential
Planned Development Permit remains in effect.
21. All parking areas as shown on Exhibits "A" -"Z" dated August 20, 2018, shall remain accessible,
striped, and available at all times for parking for the employees and guests of APNs 212-130-34--00,
212-120-01-00, and 212-120-02-00. Said parking areas shall not be utilized for outdoor storage or
any use other than parking.
22. 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, subjectto the satisfaction of the City Planner, notifying
all interested parties and successors in the interest that the City of Carlsbad has issued a Non-
Residential Planned Development Permit on the subject properties. Said Notice of Restriction shall
note the property descriptions, 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.
Engineering:
General
23. 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.
24. 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.
25. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this development, including but not limited to private utilities, landscaping,
enhanced paving, water quality treatment measures, low impact development features, and storm
drain facilities located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this subdivision.
26. Developer shall submit to the City Engineer written approval from North County Transit District
(NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied.
Fees/ Agreement
27. 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.
PUD 2017-0008 (DEV2017-0169) -SMAC LOT 75
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28. Developer shall cause property owner to execute and submit to the City Engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
29. 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.
Grading
30. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports as required by City Engineer, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
31. This project requires off site grading. No grading for private improvements shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the City Engineer, a
temporary grading, construction or slope easement or agreement from the owners of the affected
properties. If developer is unable to obtain the temporary grading or slope easement, or agreement,
no grading permit will be issued. In that case developer must either apply for and obtain an
amendment of this approval or modify the plans so grading will not occur outside the project and
apply for and obtain a finding of substantial conformance and/or consistency determination from
both the City Engineer and City Planner.
Storm Water Quality
32. 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.
33. 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.
34. 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 inspection fees per the city's latest fee schedule.
35. 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.
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Dedications/Improvements
36. Developer shall cause owner to submit to the City Engineer for recordation a covenant of easement
for private drainage, parking, and reciprocal access purposes as shown on the site plan. Developer
shall pay processing fees per the city's latest fee schedule.
37. 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.
38. Developer shall design all proposed public improvements including but not limited to sewer laterals,
driveways, sidewalk, water services/meters, and fire hydrants as shown on the site plan. These
improvements shall be shown on the following, subject to City Engineer approval:
a. Grading plans processed in conjunction with this project Developer shall pay plan check and
inspection fees using improvement valuations in accordance with the city's current fee schedule.
b. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city
right-of-way.
Utilities
39. 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 improvem.ents and shall be served by public water mains to the satisfaction
of the district engineer.
40. Developer shall install potable water and/or recycled water services and meters at locations approved
by the district engineer. The locations of said services shall be reflected on grading plans.
41. The developer shall agree to install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on grading plans.
Code Reminders:
42. 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.
43. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
44. 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.
45. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
46. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
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47. Premise identification {addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.320.
48. 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.
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 $850.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact Paul Dan at 760-602-4614.
DON NEU
City Planner
DN:PD:jb
c: Kyrenne Chua, Project Engineer
Don Neu, City Planner
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