HomeMy WebLinkAboutSDP 16-16; Victory Carlsbad Oaks Lot 4; Admin Decision LetterOctober 6, 2016
Peter Bussett
Smith Consulting Architects
Suite 125
13280 Evening Creek Drive
San Diego, CA 92128
\'/\Oil\~ ~" lop,pu C City of FI LE Carlsl:iad
SUBJECT: SOP 16-16 -VICTORY CARLSBAD OAKS LOT 4 -Request for approval of a Minor Site
Development Plan (SOP 16-16) for the development of an industrial shell building totaling
50,150 square feet. The subject property is located north of Caribou Court and east of
Whiptail Loop and identified as Lot 4 of the Carlsbad Oaks North Specific Plan (SP 211(C)),
in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 16.
Dear Mr. Bussett,
The City Planner has completed a review of your application for a Minor Site Development Plan SDP 16-
16. 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 one {1) 32' tall industrial office building {50,150 sq. ft.) with surface parking for 126
vehicles, indoor {1,204 sq. ft.) and outdoor (1,824 sq. ft.) employee eating areas, perimeter and
parking lot landscape, retaining walls, drainage facilities and other ancillary improvements
necessary to develop the project on the existing 5.98-acre previously graded site located at Lot 4 of
the Carlsbad Oaks North Specific Plan (SP 211(C)). The proposed office/manufacturing/ warehouse
use is consistent with the Planned Industrial (Pl) General Plan Land Use and Planned Industrial (P-M)
zoning designations for the site; all roadways and improvements necessary to serve the
development exist, and no additional improvements are required; and the project is located outside
the 60 dBA CNEL noise contour of the McClellan-Palomar Airport.
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:
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
SDP 16-16-VICTORY CARLSBAD OAKS LOT4
October 6, 2016
Pa e 2
~--\ ·-.,
a. The proj@eti-sl~ cen · o vacant Planned Industrial (P-M) zoned property to the north,
south, east, and west and will not adversely impact the site, surroundings, or traffic
circulation. The existing surrounding streets, which are fully improved, have adequate
capacity to accommodate the 279 Average Daily Trips (ADT) generated by the project,
consistent with the previous analysis in the Carlsbad Oaks North Specific Plan (SP 211(C))
Final Environmental Impact Report (EIR 98-08).
b. The project complies with all applicable development standards included in the Carlsbad
Oaks North Specific Plan and the Planned Industrial (P-M) Zone, as well as mitigation
measures contained in EIR 98-08.
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 Planned Industrial (P-M)
Zone (Chapter 21.34 of the Carlsbad Municipal Code) and the Carlsbad Oaks North Specific Plan
(Development Standards & Design Guidelines), 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 industrial 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 P-M Zone and the Carlsbad Oaks North Specific Plan have been met.
Loading areas will be screened from the street through building orientation. Adequate vehicle
circulation has been provided to accommodate safety and truck turning movements. Access to the
site will be provided via one driveway on Caribou Court. Pedestrian connection from the building
to the existing sidewalk on Caribou Court is provided via a sidewalk.
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 industrial office use is consistent with
the uses analyzed in the circulation analysis prepared for the Final Environmental Impact Report
(EIR 98-08) for the Carlsbad Oaks North Specific Plan; and the existing surrounding streets, which
are fully improved, have adequate capacity to accommodate the 279 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 and the Carlsbad Oaks North Specific Plan, in that the proposed
industrial office use is consistent with the Planned Industrial (Pl) General Plan Land Use and Planned
Industrial (P-M) Zoning designations for the site; meets all applicable development standards of the
P-M Zone and the Carlsbad Oaks North Specific Plan; all roadways and improvements necessary to
serve the development exist, and no additional improvements are required; and the project is
located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport.
7. That 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;
SDP 16-16-VICTORY CARLSBAD OAKS LOT4
October 6, 2016
Page 3
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.
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 16 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 16.
8. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50}.
9. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), adopted January 25, 2010 and amended March 4, 2010, in that neither the
structure nor any protrusion will exceed a total elevation of 406 feet above mean sea level within
the airport influence area, and thus will not create any obstructions of navigable air space. In
addition, the project is compatible with the projected noise levels of the ALUCP in that the property
is not located within any noise contours greater than 60 db(A) CNEL. Based on the Compatibility
Policy Map: Safety (Exhibit 111-2) and Safety Compatibility Criteria (Table 111-2) the project site is
partially within Safety Zone 4 and predominantly in Safety Zone 6. No development other than
landscaping and parking is proposed on the portion of the lot within Safety Zone 4, and office,
manufacturing, research & development, and warehouse/distribution are compatible land uses
within Safety Zone 6 without limitations.
10. The City Planner has determined that:
a. The project is a subsequent activity of the Carlsbad Oaks North Specific Plan (SP 211(C)), a
project for which a program EIR was prepared, and this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA}; (15168( c}(2} and (e)]; and
b. this project is consistent with the Specific Plan cited above; and
c. the Carlsbad Oaks North Specific Plan Final EIR 98-08 was certified by the City Council on
October 8, 2002 in connection with the prior project or plan; and
d. the project's Greenhouse Gas (GHG) Analysis indicates that the project generates 693 MT
CO2E and therefore below the 900 MT CO2E threshold for further GHG analysis and
mitigation.
e. The project has no new significant environmental effect not analyzed as significant in the prior
EIR; and
SDP 16-16-VICTORY CARLSBAD OAKS LOT4
October 6, 2016
Page4
f. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist; and
g. all feasible mitigation measures or project alternatives identified in the EIR 98-08, which are
appropriate to this Subsequent Project, have been completed, incorporated into the project
design or are required as conditions of approval for this Subsequent 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 grading permit or
building permit issuance, whichever comes first.
1. Approval is granted for SDP 16-16 as shown on Exhibits "A" -"Q" dated October 6, 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.
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 complies with all requirements of law.
SOP 16-16-VICTORY CARLSBAD OAKS LOT4
October 6, 2016
Page 5
6. Developer shall implement, or cause the implementation of, the Carlsbad Oaks North Specific Plan
Mitigation Monitoring and Reporting Program (EIR 98-08} and the performance standards of the
Carlsbad Oaks North Specific Plan (page 111-29}, including but not limited to the following:
a. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All outdoor lighting shall be designed to reflect downward and avoid any
impacts on adjacent property. Specifically, lighting shall be directed away from open space
lots surrounding the industrial lots to the maximum extent feasible. Energy efficient
parking lot lights shall be required. When warranted, the lights should be used in
conjunction with cut-off shields (fully shielded/full cutoff lighting). Such shields shall
eliminate the horizontal and upward projection of light and direct the light downward,
eliminating excess illumination.
7. 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.
----------
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 16 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 16.
10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
11. 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.
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
SOP 16-16 -VICTORY CARLSBAD OAKS LOT4
October 6, 2016
Page 6
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
13. 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 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.
14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved
Final Plans, 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.
15. 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.
16. 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.
17. 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.
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
SOP 16-16 -VICTORY CARLSBAD OAKS LOT4
October 6, 2016
Page 7
until time of occupancy.
3. Sight distance corridors shall be shown on the grading plan at driveways in accordance with City
Engineering Standards. The property owner shall maintain this condition.
4. All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary
during discretionary review and are subject to additional review and modification during final design.
Fees/ Agreements
5. 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.
6. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
7. 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
8. 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
9. 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.
10. 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.
11. If the Determination of Project's SWPPP Tier Level and Construction Threat Level Form determines
that the project qualifies as a TIER 3 SWPPP, 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 arid provisions established by the San Diego Regional Water Quality Control Board and
SDP 16-16 -VICTORY CARLSBAD OAKS LOT4
October 6, 2016
Page 8
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.
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 submit a request to the city for the relinquishment of previously waived access
rights along Caribou Ct. across the proposed driveway location.
15. 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.
16. Developer shall design all proposed public improvements including but not limited to (curb, gutter,
sidewalk, driveway approach, water services, double check valve detector assembly, etc.) as shown
on the site plan. These improvements shall be shown as a Construction Revision to an existing record
public improvement drawing.
17. 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. ·
18. 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.
Utilities
19. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire
hydrant locations, building sprinklers) required to serve the project. On-site fire hydrants, if
proposed, shall be considered private improvements and shall be served by private water mains to
the satisfaction of the fire marshal.
SOP 16-16 -VICTORY CARLSBAD OAKS LOT4
October 6, 2016
Page 9
20. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
21. 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 public improvement plans.
22. 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 public improvement plans.
23. The developer shall design and agree to construct public water, sewer, and recycled water facilities
substantially as shown on the site plan to the satisfaction of the district engineer and city engineer.
Code Reminders:
1. 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,
including but not limited to California Fire Code, 2013 edition and Title 19, California Code of
Regulations, except as otherwise specifically provided herein.
2. 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.
3. 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 shown
on the site plan are for planning purposes only.
4. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
5. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
6. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code. •
7. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.320.
8. 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.
SDP 16-16 -VICTORY CARLSBAD OAKS LOT4
October 6, 2016
Page 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 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 plus noticing fees. 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,
VAN LYN
Principal Planner
VL:CW:sj
c: Victory Carlsbad Oaks Innovation Center LP, PO Box 3111, La Jolla, CA 92038
Don Neu, City Planner
Steve Bobbett, Project Engineer
File Copy
Data Entry
HPRM