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HomeMy WebLinkAboutPUD 2018-0003; PACIFIC VISTA COMMERCE CENTER; Admin Decision LetterOctober 22, 2018 Chris Wood Ryan Companies, Inc. Suite 370 4275 Executive Square, La Jolla, CA 92037 ~\ul l()-2'3.\ i 8 FILE COPY {'city of Carlsbad SUBJECT: PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER The City Planner has completed a review of your application for a Nonresidential Planned Development Permit and Tentative Parcel Map, PUD 2018-0003/MS 2018-0004 (DEV2016-0023) to subdivide a 26.1- acre lot into three (3) lots ranging in size from five to 12.1 acres. The property is located on the west side of Whiptail Loop West and identified as Lot 23 of the Carlsbad Oaks North Business Park Specific Plan SP 211(C), in the Planned Industrial (P·M) Zone and Local Facilities Management Zone 16. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on September 1, 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 (CMC) to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: Nonresidential Planned Development Permit (PUD 2018-0003) 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 the three light industrial buildings approved pursuant to SDP 2017-0002 will remain and a reciprocal parking, access and maintenance agreement and CC&Rs will be required to ensure that adequate parking and access continue to be provided consistent with the P-M (Planned Industrial) Zone, the Parking Ordinance (CMC Chapter 21.44), the Carlsbad Oaks North Business Park Specific Plan SP 2ll(C), and the Pl (Planned Industrial) General Plan Land Use designation. 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 three-lot subdivision proposed in conjunction with the Non-Residential Planned Development Permit allows for each building to be individually-owned. The reciprocal parking, access, and maintenance agreement, which will be recorded on title, will provide the flexibility needed to share outdoor eating areas, parking, access and maintenance responsibilities throughout the 26.1-acre development. 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 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER October 22, 2018 Pa e 2 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 meets all applicable city standards and ordinances, including the Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport, and all public facilities and services exist. Adequate parking, access, and drainage facilities for the project site will be provided to each of the parcels via a covenant of reciprocal private easements for drainage, parking, and access purposes. The project maintains all necessary features approved pursuant to SDP 2017- 0002 to ensure the development is compatible with the surrounding land uses, including setbacks, parking, and landscaping. The nonresidential planned development will not pose a safety hazard to the occupants of the surrounding industrial zone. 4. That the proposed non-residential planned unit development meets all of the mm,mum development standards of the underlying zone and the SP 211(C), in that no variances from development standards have been requested or required. The project conforms to the applicable requirements for building height, lot coverage requirements, and architectural design criteria and performance standards of the P-M zone and SP 211(C). All required parking will be provided onsite, all setbacks are provided, and all required outdoor employee eating areas will be provided. 5. 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 new landscape improvements are proposed in conjunction with Non-Residential Planned Development Permit PUD 2018-0003 and Minor Subdivision MS 2018-0004. The landscaping improvements are under construction pursuant to SDP 2017-0002 and remain consistent with SP 211(C) and the Landscape Manual. Tentative Parcel Map (MS 2018-0004) 6. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies ail requirements of the General Pian, 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 Planned Industrial (Pl) General Plan Land Use designation allows for the creation of three light industrial lots. The proposed subdivision satisfies the minimum requirements of Titles 20 and 21 and the lots have been designed to comply with all other applicable regulations, including SP 211(C). 7. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Planned Industrial (Pl) and Open Space (OS) on the General Plan, and the subject property is surrounded by open space approved for long-term preservation to the north, south and west and light industrial development to the south and east. 8. That the site is physically suitable for the type of the development since the site is adequate in size and shape to accommodate the office/industrial project in that the proposed subdivision of one lot into three lots ranging in size from five to 12.1 acres meets the development standards and design criteria required by the P-M zone and SP 211(C), including but not limited to requirements for access and setbacks. 9. 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 • PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER October 22, 2018 Pa e 3 access through or use of property within the proposed subdivision, in that the developer has delineated and preserved on the parcel map all existing easements of record and proposes additional easements for shared parking, access and maintenance of the utilities. 10. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 11. 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 size of the parcels exceed the one- acre minimum lot area requirement of the Planned Industrial (P-M) Zone, which allows for adequate building separation in achieving greater solar exposure and circulation of air. 12. 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 the subject property is developed with three light industrial buildings and no additional improvements are proposed in conjunction with the subdivision. 13. 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 additional development is proposed beyond the subdivision of the property. General 14. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan, in that the three-lot subdivision is consistent with the Planned Industrial (Pl) General Plan Land Use and Planned Industrial (P-M) Zoning designations for the site, as well as SP 211(C). All roadways and improvements necessary to serve the development exist, and no additional improvements are required. 15. 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 15315 -Minor Land Divisions 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. 16. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 16 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. 17. 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 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER October 22, 2018 Pa e4 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 recordation of the Final Map. 1. Approval is granted for PUD 2018-0003/MS 2018-0004 as shown on Exhibits "A" -"B" dated October 22, 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, but not the obligation, 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 and Tentative Parcel Map. 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 and 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 the recordation of the Final Map. 5. If any conditions 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 and Tentative Parcel Map, and (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to Final Parcel Map. PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER October 22, 2018 Pa e 5 8. This approval shall become null and void if a Final Map is not recorded within 24 months from the date of project approval. 9. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application or any transfer in ownership of the site. 10. Concurrent with the recordation of the Reciprocal Parking, Access and Maintenance Agreement, 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Non-Residential Planned Development Permit and Tentative Parcel Map 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 Planning Director 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. 11. Developer shall establish an owner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to Final Parcel Map. Prior to Final Parcel Map, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article ___ ~ Section ______ the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER October 22, 2018 Pa e 6 maintenance of the Common Area Lots and or Association's Easements. The City.shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty {20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent {6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article ____ of this Declaration. e. . Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in the CC&Rs. f. The required CC&Rs shall assign to a governing board the responsibility 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 727 spaces. g. The location and size of all employee eating areas, parking areas, and landscaped areas within the project, as shown on Exhibits "A" -"B" of PUD 2018-0003 and Exhibits "A" -"VY" of SDP 2017-0002, shall not be altered, reduced, fenced, or divided to preclude equal use by all owners/employees of the site. h. Prior to submitting building plans for future tenant improvements to the City of Carlsbad Building Division, the governing board shall be required to approve the tenant improvement plans for purposes of assuring an adequate distribution of parking spaces. i. All on-site parking and access aisles/driveways shall be shared between all uses in perpetuity. 12. 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 recordation of the Final Map. 13. 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. 14. All parking areas as shown on Exhibits "A" -"B" dated October 22, 2018, shall remain accessible, striped, and available at all times for parking for the employees and guests. Said parking areas shall not be utilized for outdoor storage or any use other than parking. PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER October 22, 2018 Pa e 7 Engineering: 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 building or grading permit whichever occurs first. General 15. This approval is granted subject to all conditions contained in Minor Site Development Plan, SDP 2017-0002, for Pacific Vista Commerce Center approved on July 21, 2017. 16. 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. 17. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document addressing maintenance, repair, and replacement of shared private improvements and/or HOA-maintained facilities within the subdivision, including but not limited to the following as shown in SDP 2017-0002 and tentative parcel map: a) Shared access driveways, drive aisles, sidewalks, landscaping, and on-site lighting b) Water quality treatment and hydromodification basins located in Parcels 1, 2 and 3, and all other low impact development features. c) Slopes, brow ditches, and retaining walls d) All storm drain facilities including storm drain pipes, inlet and outlet structures e) 8" private sewer main f) 10" private fire main The costs of such maintenance shall be distributed in an equitable manner among the owners of the properties within the subdivision. The maintenance of the storm water BMPs shall be in accordance with Permanent Stormwater Quality Best Management Practice Maintenance Agreement for SDP 2017-0002, DOC# 2017- 0557785 recorded on November 30, 2017. 18. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Landscape Manual and City Engineering Standards. The property owner shall maintain this condition. Storm Water Quality 19. Developer shall cause.the owner to 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. PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER October 22, 2018 Pa e 8 20. Developer shall cause the owner to comply with the City Approved Storm Water Quality Management Plan (SWQMP) for SDP 2017-0002. Dedications/Improvements 21. Developer shall cause the owner to record a covenant of private water easement within parcel Z for the benefit of parcel 1 as shown on the tentative parcel map. 22. Developer shall cause the owner to record a covenant of private sewer easement within parcels 1, 2 and 3, for the benefit of parcels 1, Zand 3 as shown on the tentative parcel map. 23. Developer shall cause the owner to record a covenant of private reciprocal access easement within parcels 1, 2 and 3 for the benefit of parcels 1, Zand 3 as shown on the tentative parcel map. 24. Developer shall cause the owner to record a covenant of private reciprocal parking easement within parcels 1, 2 and 3 for the benefit of parcels 1, 2 and 3 as shown on the tentative parcel map. 2S. Developer shall cause the owner to record a covenant of private cross-lot drainage easement within parcels 1, Z and 3 for the benefit of parcels 1, Zand 3 as shown on the tentative parcel map. 26. Developer shall cause the owner to record a covenant of private storm water BMP easements within parcels 1, 2 and 3 for the benefit of parcels 1, Zand 3 as shown on the tentative parcel map. Non-Mapping Notes 27. Add the following notes to the final map as non-mapping data: A. Geotechnical Caution: 1) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. B. 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. C. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. • PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER October 22, 2018 Pa e 9 Code Reminders 28. 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. 29. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17 .04.060. 30. 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. 31. 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 PUD 2018-0003/MS 2018-0004 (DEV2016-0023)-PACIFIC VISTA COMMERCE CENTER October 22, 2018 Pa e 10 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 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 limitation's has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Shannon Harker at 760-602-4621. Sincerely, TERI DELCAMP Principal Planner TD:SH:dh c: Marvin Christensen, 101 California Street, 24th floor, San Francisco, CA 94111 Aaron Parker, SB&O Inc., 3990 Ruffin Road, Suite 120, San Diego, CA 92123 Don Neu Tecla Levy File Copy/HPRM •