HomeMy WebLinkAboutSDP 2022-0005; TYRA HQ2; Admin Decision Letter("city of
Carlsbad
December 6, 2022 BFILE COPY
John Wankner
4681 Park Drive, Unit B
Carlsbad, CA 92008
SUBJECT: SDP2022-0005 (DEV2022-0098} -TYRA HQ2 -Request for approval of a Minor Site
Development Plan (SDP 2022-0005) to convert an existing 4,207-square-foot, single-story
automotive services building to office use, and the construction of two new structures,
which are proposed as a 4,110-square-foot, two-story office building and a 281-square-
foot accessory building. The intended tenant for 7,659 square feet (sf) of the project is
Tyra Biosciences, which will occupy approximately 2,000 sf of laboratory space with the
remainder of the project square footage intended for office use. A request to substitute
two vehicle parking spaces with 12 bicycle parking spaces is proposed, which reduces the
number of required on-site vehicle spaces from 21 to 19 spaces. Of those required spaces,
16 spaces will be provided by way of parking lifts (8 lifts over 8 spaces), and the project
includes participation in the Parking In-Lieu Fee Program to purchase one (1) parking
space through in-lieu parking fees. The project is located at 2676 State Street within the
Village Center (VC) District of the Village and Barrio Master Plan and Local Facilities
Management Zone 1.
Dear Mr. Wankner,
The City Planner has completed a review of your application for Minor Site Development Plan, SDP 2022-
0005, as described above. A notice was sent to property owners within a 300-foot radius of the subject
property requesting comments regarding the above request. No comments were received within the ten-
day notice period (ending on November 7, 2022). After careful consideration of the circumstances
surrounding this request, the City Planner has made a decision pursuant to Sections 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 an
intensification in use to convert an existing 4,207-square-foot structure to office use, and the
construction of two new structures, which are a 4,110-square-foot, two-story office building and a
281-square-foot accessory building. This project complies with the applicable provisions of the
Village and Barrio Master Plan's (VBMP) Village Center (VC) District and Carlsbad Municipal Code
Chapter 21.06 as the use is permitted and proposes to participate within the Parking In-Lieu
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
SDP2022-000S (DEV2022-0098) -TYRA HQ2
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Program for the purchase of one (1) parking space and provides 12 bicycle spaces in substitution of
two vehicle spaces.
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 proposed structures
and use are consistent with the surrounding uses and buildings. The proposed use will not be
detrimental to the existing site or facilities and is considered a permitted use in the Village Center
(VC) District of the Village and Barrio Master Plan. All rooftop equipment will be sufficiently
screened from view from adjacent public rights-of-way. The conversion of the existing structure
(automotive services to office) and the construction of new office space is an intensification of
onsite parking requiring 21 parking spaces total. In substitution of two vehicle parking spaces, 12
bicycle parking spaces are provided for the project, and as a result, 17 parking spaces area being
created onsite, one of which will be an electric vehicle (EV) space that is Americans with Disabilities
Act (ADA) van accessible space that is counted as two spaces, and one (1) parking space will be
purchased through the project's participation in the Parking-In-Lieu Fee Program, with findings
made below. Lastly, the project will not adversely impact traffic circulation.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the existing and new structures provide approximately 8,598 square feet of internal
floor space and, along with on-site parking, can accommodate the site conversion into an office use.
An office use is a permitted use in the Village Center (VC) District of the Village and Barrio Master
Plan and the required parking is provided onsite and through participation in the Parking In-Lieu
Fee Program, with findings made below.
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 proposed project is a conversion of use
of the property that will occupy existing and newly constructed buildings that are in compliance
with the standards of the Village and Barrio Master Plan.
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 Minor Site Development Plan complies with the
development standards of the Village and Barrio Master Plan. The surrounding streets, which are
fully improved, have adequate capacity to accommodate the increase of average daily trips that
may be generated by an office use.
Parking In-Lieu Fee Program
6. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and
participation in the program will satisfy the parking requirements for the project. Justification for
participation in the Parking In-Lieu Fee Program is contained in the following requirements and
findings:
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a. That the Parking In-Lieu Fee Program shall be applicable only to non-residential uses in specific
areas east of the railroad corridor, in that the use is non-residential, the property is located east
of the railroad tracks and within the area eligible for the parking in-lieu fee program as depicted
on Figure 2-3 of the Village and Barrio Master Plan and within the Village Center (VC) District.
b. Only non-residential uses in the VC District (east of the railroad tracks only) and in the VG, FC and
PT districts are eligible to participate in Parking In-Lieu Fee Program, in that the proposed use is
non-residential and is located east of the railroad tracks in the Village Center (VC} District of the
Village and Barrio Master Plan.
c. The average occupancy of off-street public parking spaces within a quarter mile radius of the
property boundaries of use requesting to pay the In-Lieu Fee shall be under 85 percent based on
the most recent city-authorized parking study or other information determined acceptable by the
City Planner, in that based on the most recent data available (August of 2021), which includes
the results of the parking study completed (weekday and weekend}, the maximum average
occupancy of the lots located within a quarter mile radius was approximately 70 percent.
d. The In-Lieu payment shall always be made for a whole parking space, in that the applicant
proposes to purchase one (1) parking in-lieu fee.
e. Fee payment shall not result in a reserved parking space or spaces, in that no spaces are proposed
to be reserved.
f. That the use complies with the program's participation restrictions, in that it complies with the
above-noted participation requirements.
g. That adequate off-street public parking is available to accommodate the project's parking
demand, based on the city's most recent city-authorized parking study or other information, in
that the public parking lots supplies over 301 parking spaces within a quarter of a mile of the
property. Based on the most recent data available, which includes the results of the parking
study completed in August of 2021 (weekday and weekend), the maximum average occupancy
of the lots located within a quarter mile radius was less than 70 percent (weekday average, 6
AM -9PM}. This maximum average occupancy allows for the continued implementation of the
parking in-lieu fee program because it is less than the average 85% threshold for maximum
utilization set by the City Council. Therefore, adequate parking is available within the Village to
accommodate the project's parking demands.
h. That the In-Lieu Fee Program has not been suspended or terminated by the City Council, in that
the In-Lieu Fee Program remains in effect.
General
7. 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 15332 -In-fill Development Projects of the state CEQA Guidelines.
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In making this determination, the City Planner has found that the exceptions listed in Section 15300.2
of the state CEQA Guidelines do not apply to this project.
8. That the request for a Minor Site Development Plan {SOP 2022-0005) was adequately noticed at least
ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad
Municipal Code.
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 issuance of a building
permit.
1. Approval is granted for SOP 2022-0005 as shown on Exhibits "A" -"R" dated November 17, 2022, on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a successor
in interest by the city's approval of this Minor Site Development Plan.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition is
determined to be invalid, this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
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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 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 1 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
9. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
10. 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.
11. The project is subject to the Prescriptive Compliance Option (PCO) of the City of Carlsbad's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the PCO plan
approved as part of this project and on file in the Planning Division. Prior to issuance of a building
permit, Developer shall submit an application pursuant to the landscape plan check process on file in
the Planning Division; however, no landscape plans are required, and Developer shall only be
responsible to pay the landscape inspection fee, with said application. The approved PCO plan will be
utilized by the city as part of the project's final inspection process.
12. 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
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Building Division Policy No. 80-6, to the satisfaction of the Directors of Community Development and
Planning.
13. 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.
14. Prior to issuance of a building permit, the Developer shall provide a noise analysis report
documenting expected noise levels generated by mechanical equipment located at the rear of the
property. Any noise abatement measures identified by the report to reduce the expected noise
levels to the daytime noise limit of 55 dBA shall be incorporated into the project design.
15. In order to reduce the likelihood of negative impacts to normal traffic flow on State Street, the
parking gate shall remain open during normal business hours.
16. The Developer shall provide a parking management plan outlining procedures for, and assigning
responsible parties to, manage the eight (8) parking lifts to ensure vehicles can be accessed by
vehicle owners at all times. The City Planner shall approve the parking management plan prior to
issuance of a Certificate of Occupancy.
17. Prior to issuance of a Certificate of Occupancy, the Developer shall enter into a Parking In-Lieu Fee
Participation Agreement and pay the established Parking In-Lieu Fee for one (1) parking space. The
fee shall be the total of the fee per parking space in effect at the time of the building permit issuance
multiplied by the number of parking spaces needed to satisfy the project's parking requirement
(one (1) space total).
18. Any reduction to the number of onsite vehicle parking spaces proposed after January 1, 2023, which
is in compliance with Section 65863.2 of the Government Code (Assembly Bill No. 2097} and does
not result in an intensification of use per VBMP policies, shall not require a Site Development Plan
Amendment or Consistency Determination. This includes changes to the number of bicycle parking
spaces provided and parking provided through the parking-in-lieu fee program.
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.
21. Developer shall install sight distance corridors at all street intersections and driveways in accordance
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with City Engineering Standards. The property owner shall maintain this condition.
22. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with State Street as shown on the Site Plan.
Fees/ Agreements
23. 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.
24. Developer shall implement Transportation Demand Management strategies per the Carlsbad
Municipal Code section 18.51. Prior to building permit issuance, the Developer shall have a
consultation with city staff regarding submittal of the final TOM Plan. Prior to occupancy, the
Developer shall submit a final Tier 1 Transportation Demand Management Plan to the satisfaction of
the City Engineer.
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 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.
27. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design, source
control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of
impervious area (paving), routing run-off from impervious area to pervious/landscape areas,
preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to
the satisfaction of the city engineer.
28. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash
Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer approval, to
comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this
condition shall be reviewed and approved by the city engineer with final grading plans and/or
building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and
inspection fees per the city's latest fee schedule.
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Dedications/Improvements
29. Developer shall design the private drainage systems, as shown on 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.
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 prepare and process public improvement plans and, prior to city engineer approval
of said plans, shall execute a city standard Development Improvement Agreement to install and shall
post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site
plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer.
These improvements include, but are not limited to:
A. Remove and Replace Sidewalk
B. Remove and Replace Curb and Gutter
C. Sidewalk Underdrain
D. ADA Compliant Driveway Approach
Developer shall pay the standard improvement plan check and inspection fees in accordance with the
fee schedule. 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.
Code Reminders:
32. 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 site plan are for planning purposes only.
33. 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 site plan are for planning purposes only.
34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
35. Any signs proposed for this development shall at a minimum be designed in conformance with the
Village and Barrio Master Plan 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 $847.00. 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 Kyle
Van Leeuwen at (442) 339-2611.
Sincerely,
CLIFF JONES
Principal Planner
CJ:KVL:JC
c: Edith Smith, 3241 Westwood Dr., Carlsbad, CA 92008
Brendan Foote, Fabric, 2676 State Street LLC, 2659 State St. #100, Carlsbad, CA 92008
Nichole Fine, Project Engineer
Eric Lardy, City Planner
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