HomeMy WebLinkAboutSDP 2017-0005; REYNOLDS LOT 20; Admin Decision Letter----------------------Mcu k d 1 l z.w / 1 g
FI LE Ccity of
Carlstiad
February 23, 2018
Ken Smith
Kenneth D. Smith Architect & Associates
Suite 102
500 Fesler Street
El Cajon, CA 92020
SUBJECT:
Dear Mr. Smith,
SDP 2017-0005 (DEV2017-0109) -REYNOLDS LOT 20 -Request for approval of a Minor
Site Development Plan (SDP 2017-0005) for the development of a new 37,578 square foot
light industrial building, comprised of 15,496 square feet of office space, 1,200 square
feet of manufacturing, and 20,882 square feet of warehouse on 2.6 acres. The subject
property is located on the north side of Whiptail Loop within the Carlsbad Oaks North
Specific Plan (SP 211(C)), in the Planned Industrial (P-M) Zone and Local Facilities
Management Zone 16.
The City Planner has completed a review of your application for a Minor Site Development Plan 2017-
0005 located on the north side of Whiptail Loop, assessor parcel number 209-120-22. 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 th!!
development of one (1), two-story light industrial building totaling 37,578 square feet, including
approximately 15,496 square feet of office space (544 square feet of which is dedicated to an
interior employee eating area), 1,200 square feet of manufacturing, 20,882 square feet of
warehouse, and a 1,816 square foot outdoor employee eating area. Ancillary development includes
86 surface parking spaces; perimeter and parking lot landscaping; and drainage facilities and other
improvements necessary to develop the project on the 2.6-acre site within the Carlsbad Oaks North
Specific Plan (SP 211 (C)). The proposed light industrial office, manufacturing and warehouse uses
are consistent with the Planned Industrial (Pl) General Plan Land Use and Planned Industrial (P-M)
Zoning for the site.
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
SDP 2017-0005 (DEV2017-0109)-~REYNOLDS LOT 20
February 23, 2018
Page 2
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 the Carlsbad Oaks North
Specific Plan SP 211(C) was approved as a 414-acre site to be developed into a planned industrial
park. SP 211(C) identified 23 industrial lots, three open space lots, and one lot for an employee
picnic area that would serve the industrial business park. The subject lot, Lot 20, is one of the 23
industrial lots designated for industrial uses and operations. The project has been designed to
comply with all applicable development standards included in the Carlsbad Oaks North Specific Plan
and 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 Carlsbad Oaks North Specific
Plan's Development Standards and Design Guidelines and the Planned Industrial (P-M) Zone
(Chapter 21.34 of the Carlsbad Municipal Code), including setbacks, building coverage, employee
eating areas, 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 one (1), two-story light industrial building
with surface parking, employee eating area, perimeter and parking lot landscape, drainage facilities
and other ancillary improvements can all fit within the developable area and all applicable
development standards of the Carlsbad Oaks North Specific Plan Development Standards and
Design Guidelines and the Planned Industrial (P-M) Zone (Chapter 21.34 of the Carlsbad Municipal
Code) have been met. Parking and loading areas are screened through the combined use of building
orientation and landscaping.. Adequate vehicle circulation has been provided to accommodate
truck turning movements and emergency vehicle access. Access to the site will be provided via one
driveway off Whiptail Loop. Pedestrian connection to the existing sidewalk on Whiptail Loop will
be provided via a sidewalk along the easterly side of the driveway.
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. The existing surrounding streets, which are
fully improved, have adequate capacity to accommodate the 225 average daily traffic 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
Planned Industrial (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.
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February 23, 2018
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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;
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 548 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; and, based on the
noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the
airport, in that the property is not located within any noise contours greater than 60 db(A) CNEL as
created by airport operations and office land uses are permitted within Safety Zone 6.
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
SOP 2017-0005 (DEV2017-0109)-REYNOLDS LOT 20
February 23, 2018
Page4
D. The project's Greenhouse Gas (GHG) Analysis indicates the project is consistent with the
City of Carlsbad Climate Action Plan through compliance with state-mandated GHG
reduction measures and incorporation of project design features that reduce GHG
emissions;
E. The project has no new significant environmental effect not analyzed as significant in the prior
EIR; and
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. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
12. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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 SOP 2017-0005 as shown on Exhibits "A" -''T" dated February 23, 2018 on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise n_oted 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.
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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 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, 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 a_nd 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.
SDP 2017-0005 (DEV2017-0109) -REYNOLDS LOT 20
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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
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. 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.
18. Prior to issuance of building permits, the project design shall incorporate the recommendations
contained within the approved CAP checklist dated August 29, 2017. Future tenant(s) shall be
required to submit and obtain approval of Public Works for a Transportation Demand Management
(TDM) Plan.
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February 23, 2018
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19. Prior to issuance of building permits, the color scheme on the west exterior elevation of the
industrial building shall be SW 7647 Crushed Ice with SW 7644 Gateway Gray, or equivalent to the
satisfaction of the City Planner.
Engineering:
General
20. 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.
21. 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 tfme of occupancy.
22. Developer shall include rain gutters on the building plans subject to the City Engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
23. 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.
Fees/ Agreements
24. 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.
25. Developer shall cause property owner to execute and submit to the City Engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
26. 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
27. 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 for City Engineer review, post security and pay all applicable grading plan review and
permit fees per the city's latest fee schedule.
Storm Water Quality
28. 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,
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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.
29. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall
submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3
SWPPP shall comply with current requirements and provisions established by the San Diego Regional
Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and
incorporate measures to reduce storm water pollutant runoff during construction of the project to
the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city's latest fee schedule.
30. 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.
31. 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, treatment control
BMP, and applicable hydromodification measures.
Dedications/Improvements
32. Developer shall design all proposed public improvements including but not limited to pedestrian
ramps, driveways, sidewalk, water services/meters, etc. as shown on site plans. These improvements
shall be shown on the grading plans processed in conjunction with this project to the satisfaction of
the City Engineer.
33. 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.
34. 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.
35. 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.
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Utilities
36. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire
flows, fire hydrants and building sprinklers) required to serve the project. On-site fire hydrants and
building sprinklers shall be served by private on-site fire water main designed to the satisfaction of
the Fire Marshal. '
37. Developer shall design the on-site private fire service, as shown on the site plan, to the satisfaction of
the Fire Marshal.
38. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection
to public facilities.
39. The developer shall 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.
Code Reminders:
40. 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.
41. 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.
42. 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.
43. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
44. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
45. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
46. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.320.
47. 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.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition ·of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and
file the protest and any other required information with the City Manager for processing in accordance
with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, pJease feel free to
contact Paul Dan at (760) 602-4614.
Sincerely,
TERI DELCAMP
Principal Planner
TD:PD:fn
c: Tecla Levy, Project Engineer
Don Neu, City Planner
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