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HomeMy WebLinkAboutSDP 2019-0009; 2051 PALOMAR AIRPORT RD; Admin Decision LetterMay 5, 2020 Gene Bark Steel Wave, LLC FILE ~,(--t"c,\. ~ Ccityof Carlsbad 4553 Glencoe Avenue Marina Del Rey, CA 90292 SUBJECT: Dear Mr. Bark, SOP 2019-0009 (DEV2019-0157l -2051 PALOMAR AIRPORT RD -Request for approval of a Minor Site Development Plan (SDP 2018-0023) to allow interior and exterior improvements to an existing 187,291-square-foot building to re purpose the building from industrial use to 165,490 square feet of office and 17,920 square feet of warehouse use (183,410 square feet total). Exterior site improvements include new parking, employee eating areas, and landscape to accommodate the office use. The subject 13.07-acre property is located south of Palomar Airport Road between Camino Vida Roble and Yarrow drive at 2051 Palomar Airport Road, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5. The City Planner has completed a review of your application for a Minor Site Development Plan 2019- 0009, located at 2051 Palomar Airport Road. 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 interior and exterior improvements to an existing 187,291-square-foot building to repurpose the building from industrial use to 165,490 square feet of office and 17,920 square feet of warehouse use (183,410 square feet total). Exterior building improvements consist of minor improvements to the south, east, and north facades. The south and east entries are recessed to make the entries more inviting, which results in a reduction In square footage of the building. Exterior site improvements include new parking, employee eating areas, and landscape to accommodate the office use. Surface parking for 717 vehicles (680 required) will be provided along with 11,730 square feet of outdoor employee eating area (11,005 square feet required). Perimeter and parking lot landscaping, retaining walls up to six (6) feet in height, drainage facilities and other ancillary improvements are also proposed. The proposed office and ancillary warehouse use are consistent with the Planned Industrial (Pl) General Plan Land Use designation and are permitted uses within the Planned Industrial (P-M) zoning designation 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 SOP 2019-0009 (DEV2019-0157) -2051 PALOMAR AIRPORT RD May 5, 2020 Pa e 2 for the site. All roadways and impaienl l~ry to serve the development exist, and no additional improvements are requa..l I, 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 building footprint is not being expanded and the project complies with all applicable development standards of the Planned Industrial (P-M) zoning district. The project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the additional 287 Average Daily Trips (ADTs) generated by the project. In addition, the internal traffic circulation complie.s with Fire Department and Land Development Engineering requirements. 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) zoning district (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 the site improvements to accommodate the office and ancillary warehouse use including surface parking, employee. eating area, perimeter and parking lot landscape, drainage facilities and other ancillary improvements fit within the developable area. All applicable development standards of the Planned Industrial . (P-M) zoning district have been met. 5. That the street system serving the proposed development or use is adequate to properly handle an-traffic-generated by the-pmposed ase; in that the existing-surrounding streets; which are fully improved, have adequate capacity to accommodate the additional 287 ADTs generated by the project. Furthermore, in accordance with the TOM Plan, the project will designate an on-site transportation coordinator responsible for ensuring that infrastructure and non-infrastructure strategies are maintained, policies and programs are implemented, and amenities and partnerships are maintained to ensure compliance with city TOM Plan requirements. 6. 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(a) -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 t~e state CEQA Guidelines do not apply to this project. 7. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 8. 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 the existing structure does not exceed a total elevation of 331 feet above mean sea level within the SDP 2019-0009 (DEV2019-0157) -2051 PALOMAR AIRPORT RD Mays, 2020 Pae 3 airport influence area, and thus will not create any obstructions of navigable air space. The structure is located entirely within the Safety Zone 6 portion of the property, which has no intensity restrictions. The ALUCP identifies office uses within Safety Zone 6 as "compatible." 9. 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 approval of a grading or building permit, whichever comes first. 1. Approval is granted for SDP 2019-0009 as shown on Exhibits "A" -"LL" dated May 5, 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 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 D,evelopment 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. 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 SDP 2019-0009 (DEV2019-01S7) -2051 PALOMAR AIRPORT RD May 5, 2020 Pa e4 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 Carlsbad Unified 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 5 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: 9. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 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. 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. 12. Prior to the issuance of the grading permit, Developer shall submit to the city a Notice of Restriction to-be-filed-in-the officeoHhe County Recorder, subjecHo 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. 13. 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. 14. 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. SDP 2019-0009 {DEV2019-0157) -2051 PALOMAR AIRPORT RD May 5, 2020 Pa e 5 15. 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. Engineering: General 16. 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. 17. 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 ofoccupancy. Fees/ Agreements 18. 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. 19. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 20. 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. · 21. . Developer shall implement Transportation System Management strategies per the city's Mobility Element policy 3-P.11. Prior to issuance of a building or grading permit, developer shall pay for the installation of one traffic signal controller. 22. Developer shall comply with the Transportation Demand Management ordinance per Carlsbad Municipal Code section 18.51 and Mobility Element policy 3-P.11. Prior to grading or building permit issuance, the Developer shall submit a tier 3 Transportation Demand Management Plan to the satisfaction of the city engineer. 23. The developer shall install the following transportation demand management infrastructure measures, in accordance with the projects Transportation Demand Management Plan, as shown on the s.ite plan, to the satisfaction of the City Engineer: a) 15 public bike parking spaces b) 1 bicycle repair station c) 14 preferential parking spaces for car and vanpools d) 1 passenger vehicle loading zone SDP 2019-0009 (DEV2019-0157) -2051 PALOMAR AIRPORT RD May 5, 2020 Pa e 6 Grading 24. 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 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 appropri9te 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. 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 inspecti0!'.l-fees per-the city's latest fee schedule. 28. 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 hydromodification measures. Dedications/Improvements 29. Developer shall design, the private drainage systems, as shown on the tentative map 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. 30. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 31. Developer shall design the following transit amenities per the city's Mobility Element policy 3-p.3. Said improvements shall be installed to city standards to the satisfaction of NCTD and city SOP 2019-0009 (DEV2019-0157) -2051 PALOMAR AIRPORT RD May 5, 2020 Pa e 7 Utilities engineer. These improvements shall be shown on the grading plans processed in conjunction with this project: A. Install a concrete pad, bench and trash can on the westbound bus stop at Palomar Airport Road and Camino Vida Roble. B. Install a concrete pad, bench and trash can on the eastbound bus stop at Camino Vida Roble and Palomar Airport Road. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 32. 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. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 33. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 34. 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: 35. 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 (ADl) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. 36. Approval of this request shall not excuse compliance wi.th 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. 37. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 39. 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 2019-0009 (DEV2019-0157} -2051 PALOMAR AIRPORT RD May 5, 2020 Pa e 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 $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 Cliff Jones at 760-602-4613. Sincerely, Te ,/J.-..<'"_A, ------.---"'----~---__ --, TERI DELCAMP Principal Planner TD:CJ:mf c: Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Avenue, Carlsbad CA 92010 Tecla Levy, Project Engineer Don Neu, City Planner HPRM/File Copy