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HomeMy WebLinkAboutSDP 16-07; OLIVENHAIN MUNICIPAL WATER DISTRICT; Admin Decision LetterC._ city of Carlsbad October 4, 2016 Nathan Houck HB&A Architects Inc. 240 North Market Place Escondido, CA 92029 SUBJECT: Dear Mr. Dean, SOP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT-Request for approval of a Minor Site Development Plan (SDP 16-07} for the remodel of the existing 14,708 square foot two-story operations and administration facilities including the single-story addition of 10,578 square feet in two phases for new offices and boardroom on property located at 1966 Olivenhain Road in the Office (O) Zone and Local Facilities Management Zone 11. The City Planner has completed a review of your application for a Minor Site Development Plan SDP 16- 07 located at 1966 Olivenhain Road. 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 2, 2016}. After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 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 proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the project consists of the development of the addition of 10,578 square feet of office and boardroom space in two phases to an existing 14,708 square foot office building. The proposed office use is consistent with the Office (0) General Plan Land Use and Office (0) Zoning designations for the site; all roadways and improvements necessary to serve the development exist, and no additional improvements are required. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that a. The project site is Office (0) zoned property to the south, and Single family residentially developed properties to the west, north, and east. The project site is currently developed Community & Economic Development Planning Division \1635 Faraday Avenue Carlsbad, CA 92008-7314\760-602-4600 \760-602-8560 f J www.carlsbadca.gov SOP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT October 4, 2016 Page 2 and has all required utilities and public services. Expansion of the existing facility will not adversely impact the site, surroundings, or traffic circulation. The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the additional 315 Average Daily Trips (ADT) generated by the project. b. The project is separated from other existing surrounding development by major roadways. The project complies with all applicable development standards included in the Office (0) Zone. c. A lighting study submitted for the project indicates that lighting shall be directed away from the adjacent residential neighborhood to the east to avoid impacts to adjacent homes and away from open space lots to the maximum extent feasible. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the project complies with all development standards of the Office (0) Zone (Chapter 21.27 of the Carlsbad Municipal Code) including setbacks, building coverage, employee eating, landscaping, parking, 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 office building, surface parking, employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and other ancillary improvements can all fit within the developable area, and all applicable development standards of the 0 Zone have been met. Adequate vehicle circulation has been provided to accommodate safety and vehicle turning movements. 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 office use is consistent with the Office zone; and the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the additional 315 ADT generated by the project. 6. That the City Planner finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, in that the proposed office use is consistent with the Office (O) General Plan Land Use and Office (0} Zoning designations for the site; meets all applicable development standards of the 0 Zone; all roadways and improvements necessary to serve the development exist, and no additional improvements are required. 7. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 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. SOP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT October 4, 2016 Page 3 Specifically, a. The project has been conditioned to provide proof from the Encinitas Unified School District and San Dieguito Union High School District that the project has satisfied its obligation for school facilities. 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 11 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 8. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance {Carlsbad Municipal Code Chapter 18.50). 9. That the request for a 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. 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 [infill development on a project site of fewer than 5 acres that is substantially surrounded by urban 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. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit or building permit whichever occurs first. 1. Approval is granted for SOP 16-07 as shown on Exhibits "A"-"V" dated September 28, 2016 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 Site Development Plan. SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT October 4, 2016 Page4 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan 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 c:omplies 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 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 the issuance of a building permit, the Developer shall provide proof to the Building Division from the Encinitas Unified School District and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 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 building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 10. 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. 11. Prior to the issuance of the building 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 Site SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT October 4, 2016 Page 5 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. 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, subject to necessary corrections noted on the Preliminary Landscape 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. 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. 15. 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. 16. Prior to issuance of a building permit, an Adjustment Plat between parcels 255-031-03-00 and 255- 040-56-00 shall be completed and recorded to accommodate the required 101 parking spaces for the operations building on parcel 255-031-03-00. Engineering: NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit, or building permit, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 1. 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. 2. 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. SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT October 4, 2016 Page 6 3. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 4. 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/ Agreements 5. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 6. 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 7. 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. 8. Prior to issuance of a grading permit, developer shall apply for and receive approval of a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) related to encroachments within the floodplain. Proof of CLOMR shall be provided to the satisfaction of the city engineer. 9. Prior to final inspection of the grading permit or building permit, whichever comes first, developer shall submit, process and receive approval of a Letter of Map Revision (LOMR) from FEMA. Proof of LOMR approval shall be provided to the satisfaction of the City Engineer. A note to this effect shall be shown on the title sheet of the grading plans. Storm Water Quality 10. 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. 11. 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. SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT October 4, 2016 Pa e 7 12. 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. 13. 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. Dedications/Improvements 14. 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. 15. Developer shall design all proposed public improvements including but not limited to (sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc.) 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. c. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right- of-way permit prior to performing work in the city right-of-way. 16. 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. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 17. 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. 18. 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. SDP 16-07-OLIVENHAIN MUNICIPAL WATER DISTRICT October 4, 2016 Page 8 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $673.00. 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 Christer Westman at (760) 602-4614. Sincerely, v~~ Principal Planner VL:CW:sj c: Steve Bobbett, Project Engineer Don Neu, City Planner File Copy Data Entry HPRM