HomeMy WebLinkAboutAMEND 2021-0004; DISTRIBUTE LOTS 13-15 SHELL BUILDING; Admin Decision LetterOctober 5, 2021
Alexandria Smille
Permit Advisors
8370 Wilshire Blvd #330
Beverly Hills, CA 90211
{'city of
Carlsbad
8FILE COPY
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SUBJECT: AMEND 2021-0004 (DEV16036)-DISTRIBUTE LOTS 13-15 SHELL BUILDING -Request for
approval to amend Minor Site Development Plan SOP 16-19 (AMEND 2021-0004), to allow
modifications on the site of an industrial/office building located at 3266 Lionshead
Avenue in Local Facilities Management Zone 18
Dear applicant,
The City Planner has completed a review of your application for an amendment to Minor Site
Development Plan SOP 16-19 (AMEND 2021-0004) located at 3266 Lionshead Avenue. The proposed
modifications to the building include removing some existing rollup doors and exterior wall segments and
replacing with louvered ventilation. Proposed site modifications include reconfiguring the parking lot to
accommodate larger vehicles by relocating existing landscape islands and restriping the parking spaces,
adding an external generator with screening, and adding bike racks and a ride-share waiting area. 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 minor
building and site modifications on a site with an existing industrial shell building with surface
parking for 249 vehicles, outdoor employee eating areas, perimeter and parking lot landscape,
retaining walls, and drainage facilities. The project site is bordered by an existing car wash in the
City of Vista to the east, open space and an electric vehicle sales and repair business to the west,
Lionshead Avenue and industrial buildings to the south and open space and Industrial buildings in
the City of Vista to the north. The proposed warehouse/distribution center and associated office
uses are 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. The building is located outside
the 60 dBA CNEL noise contour of the McClellan-Palomar Airport. The proposed modifications will
not adversely impact the site, surroundings, or traffic circulation in that the project complies with
all applicable developme~t standards included in the Planned Industrial (P-M) Zone. The existing
surrounding streets, which are fully improved, have adequate capacity to accommodate the 7,299
Average Daily Trips (ADT) generated by the project.
Community Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
AMEND 2021-0004 -DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
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 project complies with
all development standards of the Planned Industrial (P-M) Zone including setbacks, building
coverage, employee eating, landscaping, parking, and height restrictions.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the existing industrial/office building with proposed modifications, surface parking,
employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and
other ancillary improvements all fit within the developable area and all applicable development
standards of the Planned Industrial (P-M) Zone have been met. Loading areas have been screened
through building orientation by their location in the rear of the building. Adequate vehicle
circulation has been provided to accommodate safety and truck turning movements. Access to the
site is provided by two driveways from Lionshead Avenue. Pedestrian connection to the existing
sidewalk on Lionshead Avenue has been provided by a sidewalk along the western driveway.
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 existing industrial/office building with
proposed modifications, surface parking, employee eating areas, and other necessary
improvements fit within the developable area of the lot and all applicable development standards
have been met. Existing and proposed landscaping and existing slopes will help screen the parking
areas. Adequate vehicle circulation has been provided to accommodate safety and truck turning
movements. Access to the site will be provided by two driveways from Lionshead Avenue.
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 use is consistent with the use analyzed
in the circulation analysis prepared for Mitigated Negative Declaration GPA 98-05/ZC 01-07 /CT 98-
10/HDP 98-09/PIP 01-01 for the Carlsbad Raceway Business Park subdivision; and the existing
surrounding streets, which are fully improved, have adequate capacity to accommodate the 7,299
Average Daily Trips (ADT) generated by the project. ,
6. The City Planner has determined that:
a. this project is a project for which a Mitigated Negative Declaration was previously adopted
(15162];
b. this project is consistent with the project cited above;
c. the Mitigated Negative Declaration GPA 98-05/ZC 01-07 /CT 98-10/HDP 98-09/PIP 01-01 -
Carlsbad Raceway Business Park was adopted in connection with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as significant in the prior
Mitigated Negative Declaration; and
e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration or a
Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist.
AMEND 2021-0004 -DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page 3
7. 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 Raceway Business Park subdivision in that the proposed
development consists of modifications to an industrial/office building and surrounding site
improvements which is consistent with the Planned Industrial (P-M) Zone which implements the
Planned Industrial (Pl) General Plan Land Use Designation applied to the property.
8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 18 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 San Marcos Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected
prior to issuance of building permit.
c. 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.
d. The Local Facilities Management fee for Zone 18 is required by Carlsbad Municipal Code Section
21.90.050 and will be collected prior to issuance of building permit.
9. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
10. 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.
AMEND 2021-0004 -DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page4
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit or
grading permit issuance, whichever comes first.
1. All of the conditions within this letter shall be in addition to all of the conditions within the Planning
Division's administrative approval letter for Minor Site Development Plan SOP 16-19 dated March
13, 2017.
2. Approval is granted for AMEND 2021-0004 as shown on Exhibits "A" -"PP" dated October 5, 2021
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
3. 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 Amendment.
4. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan Amendment 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.
5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
6. 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. ·
7. Developer shall implement, or cause the implementation of, the Carlsbad Raceway Business Park
Project Mitigation Monitoring and Reporting Program (GPA 98-05/ZC 01-07 /CT 98-10/HDP 98-09/PIP
01-01).
8. 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 Amendment, (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.
AMEND 2021-0004-DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page 5
9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the San Marcos Unified School District that this project has satisfied its obligation to provide
school facilities.
10. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
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. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
13. 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.
14. 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, subjectto 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 Amendment 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.
15. Developer shall make a separate formal landscape construction drawing plan check submittal to the
Planning Division 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.
16. 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.
17. 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.
AMEND 2021-0004 -DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page 6
18. 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:
General
19. 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.
20. 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.
Fees/ Agreements
21. Developer shall implement Transportation Demand Management strategies per the city's Mobility
Element policy 3-P.11 and the Transportation Demand Management ordinance per Carlsbad
Municipal Code section 18.51. The Transportation Demand Management (TDM) Plan prepared
during discretionary review is preliminary and shall be resubmitted and approved prior to
occupancy. Prior to building permit issuance, the Developer shall have a consultation with city staff
regarding submittal of the TDM Plan. Prior to occupancy, the Developer shall submit a Tier 2
Transportation Demand Management Plan to the satisfaction of the City Engineer.
Prior to occupancy, the developer shall install transportation demand management infrastructure
measures, in accordance with the project's Transportation Demand Management Plan, as shown
on the site plan, including but not limited to the following, to the satisfaction of the City Engineer:
a. Secure bike lockers
b. Public bike parking
c. Bicycle repair station
d. Carpool/vanpool spaces
AMEND 2021-0004-DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Pa e 7
Grading
22. 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
23. 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 qevices, 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.
24. 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.
25. The project is subject to 'Priority Development Project' requirements. Developer shall verify
compliance of the existing 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.
26. 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
27. Developer shall cause owner to submit to the city engineer for recordation a vacation of
relinquishment of access rights purposes as shown on the site plan. Developer shall pay processing
fees per the city's latest fee schedule.
28. 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.
29. 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.
30. 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.
AMEND 2021-0004 -DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page 8
Public Works:
Traffic
31. Developer shall design all proposed public improvements including but not limited to eastbound
transit stop at Palomar Airport Road and Eagle Drive intersection improvements including a concrete
pad, bench, and trash can; and westbound transit stop at Palomar Airport Road and Eagle Drive
intersection improvements including a concrete pad, a bench and trash can as discussed in the local
mobility analysis. These improvements shall be shown on a Construction Revision to an existing record
public improvement drawing, subject to city engineer approval.
32. Developer shall pay plan check and inspection fees using improvement valuations in accordance with
the city's current fee schedule. Developer shall execute a city standard Development Improvement
Agreement to install said improvements and shall post security in accordance with C.M.C. Section
18.40.060. Developer shall apply for and obtain a right-of-way permit prior to performing work in the
city right-of-way.
33. 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.
Code Reminders:
34. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except
as otherwise specifically provided herein.
35. 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.
36. 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 tentative map are for planning purposes only.
37. 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.
38. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
39. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
40. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
41. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320.
AMEND 2021-0004-DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page 9
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 GovernmentCode 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 $786.00. 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 Chris Garcia at (760) 602-4622.
Sincerely,
CLIFF JONES
Principal Planner
CJ:CG:cf
c: BRE 3261 Lionshead Owner LLC, 602 W. Office Center Dr #200, Fort Washington, PA 19034
Emad Elias, Project Engineer
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