HomeMy WebLinkAbout1998-05-06; Planning Commission; ; HDP 97-18|CDP 97-35 - NEWTON BUSINESS CENTER/” rc.
lue City of CARLSBAD Planning Departmenb
A REPORT TO THE PLANNING COMMISSION
ItemNo. @
P.C. AGENDA OF: May 6,1998
Application complete date: October 7, 1997
Project Planner: Anne Hysong
Project Engineer: Frank Jimeno
SUBJECT: HDP 97-18KDP 97-35 - NEWTON BUSINESS CENTER - Request for
approval of a Mitigated Negative Declaration, Addendum, and Mitigation
Monitoring and Reporting Program, Hillside Development Permit and Coastal
Development Permit in conjunction with an administrative Planned Industrial
Permit to allow grading to accommodate a 179,621 square foot office and
distribution facility on a 16.11 acre lot in the P-M Zone and Local Facilities
Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4277
APPROVING a Mitigated Negative Declaration, Addendum, and Mitigation Monitoring and
Reporting Program, and Planning Commission Resolutions No. 4278 and 4279 APPROVING
HDP 97-18 and CDP 97-35, based on the findings and subject to the conditions contained
therein.
11. INTRODUCTION
The applicant is requesting that the Planning Commission approve a hillside development permit
and coastal development permit in conjunction with an administratively approved planned
industrial permit to allow grading to accommodate a 179,621 square foot office and warehouse
facility located in the P-M zone directly north of the Carlsbad Research Center and south of the
Camino Hills Mobilehome Park. The proposed project complies with all applicable City
ordinances and policies; therefore, subsequent to Planning Commission approval of the subject
permits, the Planning Director will issue a Planned Industrial Permit (PIP 97-07) as required by
the P-M zone for the industrial facility.
111. PROJECT DESCRIPTION AND BACKGROUND
The proposed project consists of 97,000 cubic yards of grading on a hillside lot located in the
Planned Industrial (P-M) Zone and Mello I1 Local Coastal Program (LCP) segment boundaries to
accommodate an 179,621 square foot office and warehouse facility which includes the requisite
onsite circulation aisles, parking, employee eating areas, and landscaping. The site is somewhat
uniquely situated at the terminus of an existing industrial street (Newton Drive) between existing
and future residential development to the north and west and the Carlsbad Research Center to the
south and east. Access to’the site would be provided by Newton Drive.
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HDP 97- 1 8/CDP 97-3 5 - NL WTON BUSINESS CENTER
May 6,1998
Page 2
The 16.11 acre site consists of a mesa ranging in elevation from 255’ to 299’ along the
northwestern boundary and approximately 5 acres of gentle to steep slope areas located within
the irregularly shaped northeastern and northwestern portions of the site which fall in elevation to
approximately 220’. These northern slope areas would be dedicated as open space and an
existing Brodiaea filifolia preserve area would be expanded to include a few hundred additional
individuals currently identified in the open space. The site contains approximately 2.1 acres of
40%+ slopes and 1.8 acres of 25% - 40% slopes. Approximately .78 acres of disturbed coastal
sage scrub and 4.98 acres of southern maritime chaparral located within the area proposed for
development would require mitigation through off-site preservation (see Exhibit “I”).
The project, which consists of grading to develop a 179,621 square foot office and distribution
facility for La Costa Products International, is proposed over approximately 11 acres within the
mesa area, i.e., developable portion of the 16.11 acre irregularly shaped parcel. The proposed
grading would avoid steep slopes on the site except for isolated 40%+ slopes located along the
northwestern project boundaries and central portion of the site. The proposed grading would
result in a building pad elevation of 270’ and necessitate a combination of retaining wall and 2: 1
slope along the northwestern property boundary. Dual driveways would provide ingress and
egress from Newton Drive. Loading bays are located along the southeastern building elevation
adjacent to industrial development. The proposed industrial structure is 35’ high with parapets
up to 42’ in height. The structure is separated from surrounding areas by minimum setbacks of:
85’ from the adjacent residentially designated parcel to the west and northwest; 278’ from
existing residential development to the north and northeast ; and 140’ from the southern and
southeastern property lines. Landscaping would be provided within portions of these setbacks to
visually screen the proposed development.
The proposed project is subject to the following regulations:
A. General Plan;
B.
C.
Mello I1 Segment of the Local Coastal Program;
Carlsbad Municipal Code (CMC), Title 21 (Zoning Ordinance) including:
1. Chapter 21.95 - Hillside Development Regulations
2. Chapter 21.201 and 21.203 - Coastal Development Permit Procedures and Coastal
Resource Protection Overlay Zone.; and
D. Draft Habitat Management Plan
IV. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of the regulations/policies utilizing both text and tables.
HDP 97-1 WCDP 97-35 - Nc VT‘ON BUSINESS CENTER
May 6,1998
A. General Plan
The project is consistent with the Planned Industrial (PI) land use designation in that it is an
office and warehouse which is: a) consistent with development in the adjacent Carlsbad Research
Center Industrial Park; b) served by existing Carlsbad Research Center infrastructure; and c)
designed to ensure compatibility with surrounding residential development. Compatibility is
accomplished by: a) orienting the large industrial building closest to existing industrial
development; b) locating the loading bays along the southeastern building elevation away from
the adjacent residentially designated parcel; and c) separating the use from existing residential
land uses through increased setbacks. Additionally, the project would be conditioned to prohibit
hazardous “H’ occupancy uses except flammable and/or liquid storage to avoid the potential for
direct exposure of nearby residents to hazardous materials should an accident occur.
B. Mello I1 LCP
The project is subject to Mello I1 LCP resource preservation policies and development standards
requiring the preservation of sensitive vegetation on steep slopes, prevention of erosion and
sediment control, and installation of adequate drainage facilities. The project, as proposed, would
preserve steep slopes possessing coastal sage scrub and chaparral plant communities (dual
criterion) within the undeveloped portions of the site, however, small isolated areas of dual
criterion slopes located along the site’s southeastern and northern project boundaries would be
disturbed. LCP regulations permit an encroachment not to exceed 10% of the steep slope area if
the application of this policy would preclude any reasonable use of the property. The areas of
disturbance consist of 9.5% of the site’s dual criterion slopes. The project is designed to
minimize disturbance of dual criterion slopes in that development will occur on the flattest area
of the site, building coverage is limited to 20% although the P-M zone permits 50%, and
disturbance of the isolated dual criterion slopes is necessary to provide the required circulation
aisles and parking spaces to serve the proposed industrial use. As designed, building coverage of
the site is limited to 20% although the P-M zone permits 50%. Preservation of the isolated dual
criterion slopes would preclude the required circulation aisles and parking spaces provided to
serve the proposed industrial use. The slopes remaining undisturbed will be deed restricted to
avoid any further removal of native vegetation. Drainage facilities would be provided in
accordance with the City’s Master Drainage Plan. The project would be conditioned to require
approval of a grading permit and improvement plans to ensure that all erosion control, sediment
control, and drainage facilities are utilized or constructed in accordance with City standards.
Additionally, the project would be conditioned to prohibit grading during the rainy season,
October 1 to April 1, to avoid increased runoff and soil erosion.
C1. Hillside Development Regulations
The project contains slopes of 15% or greater and an elevation differential of 15’, therefore, a
Hillside Development Permit is required. The table below indicates how the project complies
with the applicable requirements of the Hillside Development Ordinance in effect in the coastal
zone (unrevised version):
HDP 97-18/CDP 97-35 - NhWTON BUSINESS CENTER
May 6,1998
STANDARD I REQUIRED PROPOSED
Preservation of 40% Slopes
Slope Height
Grading Volume
Contour Grading
Slope Screening
Slope Setback
Preservation in Open Space
5-40 Feet
Maximum = 7,999 cubic
y ds / acre
Variety of Slope Direction &
Undulation
Landscaping
Not quantified - 15’ Minimum
Recommended
Preserved in Open Space*
40 Feet Maximum Slope **
4,576 cubic yds/acre
Manufactured slopes have
been contoured into the
natural topography of the
remaining undisturbed slopes
Combination of trees, shrubs
and ground cover
70’ Minimum
*The majority of steep slopes exceeding 40% are preseqved, however, isolated slope areas
would be disturbed by proposed grading. These isolated 40% slope areas are scattered
throughout the developable portion of the site and vary in height from 5’ to 2O’,
averaging 15’. The disturbance would not impact a large generalized slope and the
individual areas of disturbance do not exceed 4,000 square feet in area.
**In accordance with Section 2 1.95.070 of the Hillside Ordinance, justification is
required for the modification of the 30’ maximum manufactured slope height standard.
As proposed, the only slope on the project that exceeds 30’ in height is along the
northeastern end of the building pad. Due to the necessity for the industrial building pad
to be relatively flat to accommodate the large industrial structure and associated
circulation and parking facilities which drain toward Newton Drive, the pad elevation
(270’) which is consistent with existing topography at the proposed building location is
approximately 30’ - 40’ higher than existing topography at the northeastern extent of the
parking lot. The proposed manufactured slope which surrounds the parking lot varies in
height from 5’ to a maximum of 40’ as it transitions into the underlying topography
which falls in elevation to 230 feet. The increased slope height is necessary to enable
development of the topographically constrained and uniquely configured parcel with
industrial development consisting of 20% building coverage and a 41 8 stall parking lot
which would permit office and warehouse uses. The proposed grading design would
result in significantly more open space since remainder of the site which includes
developable areas of the 16.1 1 acre site will be preserved as open space.
C2. Coastal Program Regulations (Chapter 21.201 and 21.203)
The project, which is located within the Mello I1 LCP segment boundaries and subject to
Chapters 2 1.201 and 2 1.203 regulating development within the Coastal Resource Protection
Overlay Zone, must receive a Coastal Development Permit. Compliance with the applicable
development standards is discussed under paragraph B - Mello I1 LCP above.
h
HDP 97-1 8/CDP 97-35 - NE WTON BUSINESS CENTER
May 6,1998
Pane 5
D. Draft Habitat Management Plan
The project is not located within any of the Preserve Planning Areas (PPAs) defined by the
City’s Draft Habitat Management Plan (HMP). Disturbance of approximately 7 individual
Brodiaea filifolia, 4.98 acres of southern maritime chaparral (SMC), and .78 acres of coastal sage
scrub (CSS) would result from implementation of the project, however, this would not preclude
connectivity between core areas nor preclude the preservation of CSS and SMC habitat.
Moreover, the project would result in the preservation of a few hundred additional individuals of
Brodiaea filifolia in an expanded preserve onsite and in the purchase of CSS and SMC habitat for
preservation in an off-site habitat mitigation land bank.
Completion of a sub-regional NCCP/HMF has not occurred. Therefore, prior to the issuance of a
grading permit, the City Council will have to authorize this project to draw from the City’s 5%
CSS take allowance (4d Rule) to ensure that the prvject does not preclude the City’s draft HMP.
The take of .78 acres of CSS habitat will not exceed the 5% take allowance, nor jeopardize the
HMP since it is located outside the HMP preserve core and/or linkage planning areas; therefore,
it makes no contribution to the overall preserve system and will not significantly impact the use
of habitat patches as archipelago or stepping stones to surrounding PPAs. Since mitigation for
the habitat loss will result in the preservation of equal or better habitat in an offsite location, the
project will not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher.
The habitat loss is incidental to otherwise lawful activities. The proposed project is a legal
development which is consistent with the City’s General Plan and all required permits will be
obtained .
IV. ENVIRONMENTAL REVIEW
Staff has conducted an environmental impact assessment to determine if the project could have a
potentially significant effect on the environment pursuant to CEQA guidelines and the
Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. As a result of
said review in which potentially significant biological impacts were identified, mitigation to
reduce those impacts was proposed by the applicant and a Mitigated Negative Declaration was
issued by the Planning Director on December 24, 1997. The recommended mitigation measures
are based on a biological survey performed for the property by RBRiggan and Associates, letters
of response to the Mitigated Negative Declaration public notice from the USFWS and CDFG,
and a subsequent addendum to the biological survey and analysis. Additional mitigation for
southern maritime chaparral and the expansion of the existing Brodiaea filofila preserve are
proposed to mitigate the additional impacts identified on the site. Therefore, in accordance with
the Mitigated Negative Declaration issued for the project and the subsequent responsible agency
response, the applicant will expand the existing Brodiaea preserve and purchase for preservation
.78 acres of CSS habitat in the Manchester Environmental Land Bank in Encinitas to mitigate the
loss of this federally listed threatened species. Credits will also be purchased for the loss of 4.98
acres of southern maritime chaparral at a 1 :5: 1 ratio less credit for the Brodiaea preserve. Due to
the project’s proximity to existing and future residential development, the project has been
conditioned to prohibit “hazardous” “H’ occupancy uses. This would eliminate uses that involve
the manufacturing, processing, generation or storage of materials that constitute a high explosive
HDP 97-18/CDP 97-35 - NkflTON BUSINESS CENTER
May 6,1998
Page 6
or health hazard except for flammable and/or combustible liquid storage, thereby avoiding
further environmental analysis of potential hazards.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Planning Commission Resolution No. 4277
Planning Commission Resolution No. 4278
Planning Commission Resolution No. 4279
Planned Industrial Permit - PIP 97-07;
Location Map
Background Data Sheet;
Disclosure Statement
Reduced Exhibits
Full Size Exhibits “A” - “I” dated May 6, 1998
AH:mh
NEWTON BUSINESS CENTER
HDP 97-18/CDP 97-35
BACKGROUND DATA SHEET
CASE NO: HDP 97- 18/CDP 97-35
CASE NAME: NEWTON BUSINESS CENTER
APPLICANT: INDUSTRIAL DEVELOPMENTS, INC. (HILL PINKERT ARCHITECTS)
REQUEST AND LOCATION: 97.000 square feet of grading to accommodate a 179,62 1 square foot
office and warehouse facility on a hillside parcel in the P-M zone at the terminus of Newton Drive in
Local Facilities Management Zone 5.
LEGAL DESCRIPTION: All that Dortion of Lot “F” of Rancho Agua Hedionda, in the City of
Carlsbad, Countv of San Diepo, State of California, accordiw to MaD thereof No. 823, filed in the
office of the County Recorder of San Diego County, November 16, 1896 exceptinp therefrom that
portion lving within Carlsbad Tract No. 83-25, in the Citv of Carlsbad, Countv of San Diepo, State
of California accordinp to maD thereof No. 11278, filed in the office of the Countv Recorder of San
Diepo County, July 9, 1985. Said Darcel of land is also known as County of San DiePo Assessor’s
Parcel Numbers 212-050-41 and 212-050-43.
APN: 212-050-43/-41 Acres: 16.11 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: PI
Density Allowed: N/A
Existing Zone: P-M Proposed Zone: P-M
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements)
Density Proposed: N/A
Zoning Land Use
Site P-M VACANT
North L-C/RMHP RLM
South C-M P-I
East C-M P-I
West L-C RLM
PUBLIC FACILITIES
School District: Carlsbad Water District: CMWD Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity):
Public Facilities Fee Agreement, dated: Auoust 20, 1997
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued December 24, 1997
Certified Environmental Impact Report, dated 0
0 Other
The following
1.
2.
3.
0
4.
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all
applications which will require discretionary action on the part of the City
Council or ery appointed Board, Commission or Committee.
information must be disclosed:
APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
Industrial Developments International
18101 Von Karman Ave., Ste. 120
Imine, CA. 92612
OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
.-.18101 Von Karman Ave. I Ste. 120
Industrial Developments International -
- - - Imine, CA. 92612
If any person identified pursuant to (1) or (2) above is a corporation or partnership,
list the names and addresses of all individuals owning more than 10% of the shares
in the corporation or owning any partnership interest in the partnership.
If any person identified pursuant to (1) or (2) above is a non-profit organization or a
trust, list the names and addresses of any. person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
2075 Las Palrnas Dr. 0 Carlsbad, CA 92009-1 576 - (61 9) 438-1161 FAX (61 9) 438-0894
i .5. Have you had moL ,Ian $250 worth of business tran- sd with any member of
City staff, Boards, ommissions, Committees and/or Co,.. lcil within the past twelve
(1 2) months? 0 Yes @No If yes, please indicate person(s1:
Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city
and county, city municipality, district or other political subdivision or any other group or
combination acting as a unit.'
NOTE: Attach additional sheets if necessary.
Alan Sharp
Print or type name of owner Print or type name of applicant
8
Disclosure Statement 10/96 Page 2 of 2
04,’20/08 WED 15:25 FAX 940 476 4405 - --- -
April 29,1998
Ms. Ann Hysong
City of Carlsbad
2075 Las Palm Drive
Carlsbad, CA 92009-1 576
ID1 WESTERN REGION -.
VIA FAX. 760-438-0894
RE: Newton Business Center
Carlsbad, CA
Dear Ann:
Listed below are the partners of Industrial Developments International, per your request.
Henry D. Gregory, Jr. President
Timothy J. Gun& secretary Daniel L. Webb Assistant Secretary
Bryan 0. Blasingame, Jr. Assistent Secretmy
Linda Booker Assistant Swretary
All of the above can be reached at the following address:
Industrial Developments International
3424 Peachtree Rd., NE, Suite 1500
Atlanta, GA 30326
If you have any further questions, please do not hesitate to contact me at (949) 833-9998.
Sincerely,
INDUSTRIAL DEVELOPMENTS INTERNATIONAL
Karen Schreiber
Office Manager
M 001
Industrial Developments International
18101 Vm Kaman Avenue, Sulte 120, frvine, California 92612 (714) 833-9998 Fax: (714) 476-4496
LA COSTA PRODUCTS INTERNfiIONAL
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