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HomeMy WebLinkAboutPUD 2019-0007; RAF PACIFICA GROUP FUSION; Admin Decision LetterMay 12, 2020 Ccityof Carlsbad Andrew Tarango Smith Consulting Architects 13280 Evening Creek, Suite 125 San Diego, CA 92128 SUBJECT: PUD 2019-0007/SDP 2019-0012 (DEV2019-0138) -RAF PACIFICA GROUP FUSION - Request for approval of a Minor Nonresidential Planned Development Permit {PUD 2019- 0007) and Minor Site Development Plan {SDP 2019-0012) for the shared use of a developed parking lot, minor building fa~ade changes, and for the development of an outdoor employee amenity area spanning an existing drive-aisle, landscaped slope and portions of two parking lots serving an existing industrial office building on 10.93 acres generally located at 1950 Camino Vida Roble, in the Planned Industrial {P-M) Zone and Local Facilities Management Zone 5. Dear Mr. Tarango, The City Planner has completed a review of your application for Minor Nonresidential Planned Development Permit 2019-0007 and Minor Site Development Plan 2019-0012 located at 1950 Camino Vida Roble. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. Verbal comments regarding concern about drainage and exterior building material were received from an individual within the ten-day notice period {ending on May 11, 2020). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Sections 21.06.070 and 21.47.060 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: Nonresidential Planned Development Permit 1. That the granting of this permit will not adversely affect and will be consistent with the Municipal Code including all the minimum development standards of the underlying zone except for lot area, the General Plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies, in that the proposed project is consistent with the Planned Industrial (Pl} General Plan Land Use designation and all development standards of the Planned Industrial {P-M) Zone, the Carlsbad Airport Centre Specific Plan {SP 181F} as conditioned, and Title 21 regulations governing the design of nonresidential planned developments. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov PUD 2019-0007/SDP 2019-0012 (DEV2019-0138)-RAF PACIFICA GROUP FUSION May 12, 2020 Page 2 · 3;11:l 2. That the proposed use at the particul,.,,.=~ :: ary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community, in that the proposed amenity is an accessory use to serve the existing primary industrial office use, which is consistent with the General Plan and Zoning. 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 is an accessory use to the existing primary industrial o.fflce use which. is consistent with other surrounding industrial office uses in the surrounding area. The proposed amenity is located interior to the site and meets all required setbacks. No additional parking is required for the proposed accessory use and all required parking for the existing use is adequately accommodated onsite. Site Development Plan 4. 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 proposed project is consistent with the Planned Industrial (Pl) General Plan Land Use designation and all development standards of the Planned Industrial (P-M) Zone, the Carlsbad Airport Centre Specific Plan (SP 181F) as conditioned, and Title 21 regulations governing site development plans. 5. 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 proposed amenity area is a self-contained private use, accessory to the existing industrial office primary use, and is designed to adhere to all setbacks and development standards of the Planned Industrial {P-M) Zone and Carlsbad Airport Centre Specific Plan (SP 181F) as conditioned. Because the amenity area is a private accessory use and only serves the employees of the existing industrial office use, no additional parking is required, nor ls there an increase in vehicle traffic to the site. In addition, drainage will be routed to a new bioretention basin on site, cleaned and slowly released directly into the city storm drain system, which helps to insure adjacent properties will not be impacted. 6. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that as conditioned the project complies with all development standards of the Carlsbad Airport Centre Specific Plan's (SP 181F) Development Standards and Design Guidelines and the Planned Industrial (P-M) Zone (Chapter 21.34 of the Carlsbad Municipal Code), including setbacks, employee eating areas, landscaping and parking. 7. 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 building fa~ade changes are minor and the proposed amenity area is a self-contained private use, accessory to the existing industrial office primary use, and is designed to adhere to all setbacks and development standards of the Planned Industrial {P-M) Zone and Carlsbad Airport Centre Specific Plan {SP 181F) as conditioned. PUD 2019-0007/SDP 2019-0012 (DEV2019-0138)-RAF PACIFICA GROUP FUSION May 12, 2020 Pa e 3 Additionally, all proposed landscaping interior to the site will be provided consistent with the requirements of the city's Landscape Manual. 8. 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 amenity area is a private accessory use that will serve the employees of the existing industrial office use for which parking and traffic have already been anticipated. No additional parking is required for the amenity, nor will there be an increase in vehicle traffic. General 9. 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 Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. b. 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. c. A growth management park fee of $0.40 per square foot of nonresidential 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. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated March 4, 2010, in that a. The proposed amenity 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 amenity is lower in elevation than the existing building, which was previously found to be compliant with the ALUCP airspace protection surfaces. c. The proposed amenity is located within Safety Zone 6. The ALUCP identifies both "Small and Large Outdoor Assembly (capacity 50 to 999 people)" as compatible with airport uses when located within Safety Zone 6. PUD 2019-0007/SDP 2019-0012 (DEV2019-0138)-RAF PACIFICA GROUP FUSION May 12, 2020 Pa e4 d. The proposed amenity is located within the overflight notification area. The ALUCP requires recordation of an overflight notification only for new residential uses, so overflight notification is not applicable. 11. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 12. That the request for a Minor Nonresidential Planned Development Permit and Minor Site Development Plan 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. 13. 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 -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. 14. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit, building permit or recordation of final map, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 1. Approval is granted for PUD 2019-0007 and SDP 2019-0012 as shown on Exhibits "A" -"DD" dated May 12, 2020 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 Minor Nonresidential Planned Development Permit and Minor Site Development Plan. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Nonresidential Planned Development Permit and Minor Site Development Plan documents, as necessary to make them internally consistent and in conformity PUD 2019-0007 /SDP 2019-0012 {DEV2019-0138) -RAF PACIFICA GROUP FUSION May 12, 2020 Pa e 5 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 Minor Nonresidential Planned Development Permit and Minor Site Development Plan, (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 submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the site plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. 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. 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. 10. 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. ·---·----------- PUD 2019-0007/SDP 2019-0012 (DEV2019-0138)-RAF PACIFICA GROUP FUSION May 12, 2020 Pa e 6 11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan che.ck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 12. 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. 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. 14. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 15. 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. 16. 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 Minor Nonresidential Planned Development Permlt and Minor Site Development Plan 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. 17. In accordance with the Carlsbad Airport Centre Specific Plan (SP 181F), no metal siding, cladding or sheeting shall be permitted on the exterior of the existing building and shall be removed from the plans prior to the issuance of building permits. Engineering: General 18. 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. 19. 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 PUD 2019-0007 /SDP 2019-0012 (DEV2019-0138)-RAF PACIFICA GROUP FUSION May 12, 2020 Pa e 7 water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Fees/ Agreements 20. 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. 21. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 22. 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. 23. Developer shall comply with the Transportation Demand Management ordinance per Carlsbad Municipal Code section 18.51. Prior to building permit issuance, the Developer shall submit a Transportation Demand Management Plan to the satisfaction of the city engineer. Grading 24. 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. Storm Water Quality 25. 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. 26. Developer shall complete and submit to the city engineer 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 engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 27. 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 PUD 2019-0007 /SOP 2019-0012 {DEV2019-0138)-RAF PACIFICA GROUP FUSION May 12, 2020 Pa e 8 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. 28. 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 fe_es per the city's latest fee schedule. 29. 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. Dedication/Improvements 30. 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. 31. Developer shall cause owner to submit to the city engineer and district engineer for recordation a quitclaim of CMWD easement as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 32. 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. 33. Developer shall design all proposed public improvements including but not limited to water services/meters and trench resurfacing as shown on the site plan. These improvements shall be shown on one of the following, subject to city engineer approval: a. Grading plans processed in conjunction with this project; or b. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall execute a city standard Developer Improvement Agreement to install said improvements and shall post security in accordance with C.M.C. Section 20.16.070. Developer shall apply for and obtain a right-of-way permit prio,r to performing work in the city right-of-way. Utilities 34. 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. PUD 2019-0007 /SOP 2019-0012 (DEV2019-0138) -RAF PACIFICA GROUP FUSION May 12, 2020 Pa e 9 Code Reminders: 35. 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. 36. Developer may be subject to 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. 37. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 38. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 39. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 40. 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. 41. Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11 -CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer ac~nowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. 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 PUD 2019-0007 /SOP 2019-0012 (DEV2019-0138) -RAF PACIFICA GROUP FUSION May 12, 2020 Pa e 10 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 $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 Jason Goff at (760) 602-4643. Sincerely, -7\ _-.. ' ~ ---y TERI DELCAMP Principal Planner TD:JG:mf c: RAF Pacific Group R.E. Fund IV, LLC, 111 C Street, Ste. 200, Encinitas, CA 92024 Kyrenne Chua, Project Engineer Don Neu, City Planner HPRM/File Copy Data Entry