HomeMy WebLinkAboutPIP 05-03; PALOMAR FORUM LOT 6 & 7; Admin Decision Letterl
October 6, 2005
• City
Hofman Planning Associates
5900 Pasteur Court, Suite 150
Carlsbad CA 92008
• of Carlsbad
IR Fi h h • h• ■ •J4 •lb I I; ,14 h I
SUBJECT: PIP 05-03 -PALOMAR FORUM LOTS 6 & 7
The City has completed a review of the application for a Planned Industrial Permit for development
located at the northeast corner of Eagle Drive and Grey Hawk Court.
It is the Planning Director's determination that the project IS consistent with the City's Planned
Industrial Zone regulations (Chapter 21.34) and with all other applicable City ordinances and
policies. The Planning Director, therefore, APPROVES this request based on the following:
Findings:
1. That the site indicated by the Planned Industrial Permit IS adequate in size and shape to
accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required by this chapter in that the proposed two-story
office, industrial, and warehouse buildings can fit within the developable area of the
lot and all applicable development standards can be met.
2. That the improvements indicated on the Planned Industrial Permit ARE located in such a
manner to be related to existing and proposed streets and highways in that the proposed
office, industrial, and warehouse buildings do not require any additional access other
than that proposed for the Palomar Forum Development, in accordance with City
Engineering Standards.
3. That the improvements as shown on the Planned Industrial Permit ARE consistent with the
intent and purpose of this zone and all adopted development, design and performance
standards as set forth in this chapter in that the proposed development consists of two-
story office, industrial, and warehouse buildings which conform to the building height,
setbacks, lot coverage, and design criteria and performance standards of the P-M
zone (Chapter 21.34 of the Zoning Ordinance).
4. The Planning Director has determined:
a. That the project is a project for which a Mitigated Negative Declaration was
previously adopted [15162].
b. This project is consistent with the project/plan cited above;
c. Mitigated Negative Declaration GPA 01-07/ZC 01-06/CT 99-06/ HDP 99-03/ PIP
01-03-Palomar Forum was adopted in connection with the prior project or plan;
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PIP 05-03 -PALOMAR FaM LOTS 6 & 7
October 6, 2005 •
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d. The project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration;
e. None of the circumstance.s requiring a Subsequent Mitigated Negative Declaration
or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist;
5. That the Assistant Planning Director finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, in that the proposed
development consists of two-story office, industrial, and warehouse buildings which
conforms to the intent and purpose of the Planned Industrial (P-I) Land Use
Designation of the General Plan.
6. That the project is cor:isistent with the City-Wide Facilities and lmprovemenJs 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; sqhools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified and
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 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.
. 7. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This fee will be
used to construct recreational facilities to offset demand created by employees within
Local Facilities Management Zone 18.
8. That the City Council, on March 26, 2003, found that the proposed industrial development,
as designed and conditioned, would minimize the public's exposure to excessive noise within _
areas around the airport to the greatest extent possible and therefore determined the project
to be compatible with the projected noise levels of the McClellan-Palomar Airport
Comprehensive Land Use Plan, (CLUP).
9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code
Section 14.128.020 and Landscape Manual Section 1 B).
10. That the Planning Director has reviewed each of the exactions imposeq on the Developer
contained in this 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 impa<?t caused by the project.
' PIP 05-03 -PALOMAR FO'M LOTS 6 & 7
October 6, 2005
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Conditions:
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1. Approval is granted for PIP 05-03 as shown on Exhibits "A" -"0" dated September 21,
2005, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
2. All uses established in these structures shall be consistent with Section 21.34.020 (Permitted
Uses).
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
Planned Industrial Permit.
4. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Industrial Permit 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/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 Planned Industrial Permit, (b) City's
approval or issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the City's approval is not validated.
8. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of the
Site Plan reflecting the conditions approved by the final decision making body.
PIP 05-03 -PALOMAR FO.M LOTS 6 & 7
October 6, 2005 •
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9. .Prior to the issuance of a building permit, the Developer shall provide proof to the Director
from the Carlsbad Unified and 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, including, but not limited to the following:
a. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This fee
will be ·used to construct recreational facilities to offset demand created by
employees within Local Facilities Management Zone 18.
. -· 11. This approval shall become null and void if building permits are not issued for this project
within 18 months from the date of project approval.
12. . Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy.
13. Developer shall submit and obtain Planning Director 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 as shown on
the approved Final Plans, and maintain all landscaping in a healthy and thriving condition,
free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plan check process on file in the Planning Department and accompanied by the project's
building, improvement, and grading plans.
15. 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 Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Planned
Industrial Permit on the real property owned by the Developer. 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 Planning Director 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.
16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When
so required, the Developer shall submit and obtain approval of the Fire Chief and the
Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan.
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18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
19. Prior to the issuance of building or grading permits, whichever occurs first, the Developer
shall prepare and record a Notice· that this property is subject to overflight, sight and sound of
aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the
Planning Director and the City Attorney (see Noise Form #2 on file in the Planning
Department).
20. Prior to issuance of building permits, the Developer shall record an Avigation Easement for
the property to the County of San Diego and file a copy of the recorded document with the
Planning Director.
21. All roof appurtenances shall be shielded from view and architecturally integrated with the
building design.
22. Unless otherwise stated, this industrial project shall comply with all applicable City
ordinances and requirements.
23. Prior to occupancy of the first building, the mini park located in Lot 9 shall be
completed; or, a bond guaranteeing completion of the park shall be posted at the
discretion of the Planning Director.
24. Tenant improvements for this project are only permitted if the parking provided
complies with city ordinance parking requirements (CMC Chapter 21.44} for the mix of
uses proposed (office/manufacturing/warehouse}. This condition shall be included in
the Notice of Restriction in Condition 15 of this permit approval letter.
Engineering
Unless specifically .stated in the condition, all of the following conditions, upon the approval of this
Planned Industrial Permit, must be met prior to approval of a grading permit.
General
25. 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.
26. Prior to issuance of any building permit, Developer shall comply with the requirements of the
City's anti-graffiti program for wall treatments if and when such a program is formally
established by the City.
27. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all the
private improvements: streets, sidewalks and storm drain facilities located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
properties within the subdivision.
28. Developer shall install sight distance corridors at all driveways on Grey Hawk Court and
Eagle Drive in accordance with Engineering Standards. The limits of these sight distance
PIP 05-03 -PALOMAR FO.M LOTS 6 & 7
October 6, 2005
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corridors shall be reflected on any improvement, grading, or landscape· plan prepared in
association with this development. •
29. Prior to issuance of any building permit, the Developer shall submit and receive
approval for a lot line adjustment to create a single lot for this project.
Fees/Agreements
3·0 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.
31. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage
across the adjacent pr_operty.
32. Prior to the issuance of building permits, the provisions of the Waiver and Consent
Agreement (Doc.# 2004-0538024) shall be satisfied in it's entirety.
Grading
33. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer
shall submit to the City Engineer proof that a Notice of Intention for the start of work has
been submitted to the State Water Resources Control Board. ,
34. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a recorded
copy to the City Engineer a grading or slope easement or agreement from the owners of the
affected properties. If Developer is unable to obtain the grading or slope easement, or
agreement, no grading permit will be issued. In that case Developer must either apply for
and obtain an amendment of this approval or modify the plans so grading will not occur
outside the project and apply for and obtain a finding of substantial conformance from both
the City Engineer and Planning Director·. ·
35. 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 apply for and obtain a
grading permit from the City Engineer.
Dedications/Improvements
36. Developer shall cause Owner to execute a covenant of easement for a reciprocal access
easement as shown on the Site Plan. The obligation to execute and record the covenant of
easement shall be shown and recording information called out on the Site Plan. Developer
shall provide City Engineer with proof of recordation prior to issuance of building permit.
37. Developer shall execute and record a City standard Development Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the Site Plan and the following improvements including, but not limited to
sidewalks, curbs and gutters, water, and fire hydrants to City Standards to the satisfaction of
the City Engineer. The improvements are:
a) Frontage improvements to Grey Hawk Court and Eagle Drive as required.
b) Looped public water system and fire hydrants.
Improvements listed above shall be constructed within 18 months of approval of the
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PIP 05-03 -PALOMAR FO.M LOTS 6 & 7
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development improvement agreement or such other time as provided in said agreement.
38. Developer shall cause Owner to waive direct access rights by separate document and
provide proof of recordation to the City Engineer prior to issuance of a building permit for all
lots abutting Grey Hawk Court (except for approved access points).
39. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer
shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The
SWPPP shall be in compliance with current requirements and provisions established by the
San Diego Region of the California Regional Water Quality Control Board and City of
Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum
extent practicable storm water pollutant runoff during construction of the project. At a
minimum, the SWPPP shall:
a. Include all content as established by the California Regional Water Quality Control Board
requirements;
b. Include the receipt of "Notice of Intent" issued by the California Regional Water Quality
Control Board;
c. Recommend source control and treatment control Best Management Practices (BMPs)
that will be implemented with this project to avoid contact or filter said pollutants from
storm water to the maximum extent practicable before discharging to City right-of-way or
natural drainage course; and
d. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
40. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer
shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall
demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation
Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional
Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address
measures to avoid contact or filter said pollutants from storm water, to the maximum extent
practicable, for the post-construction stage of the project. At a minimum, the SWMP shall:
a. Identify existing and post-development on-site pollutants-of-concern;
b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project;
c. Recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum extent
practicable before discharging to City right-of-way;
d. Establish specific procedures for handling spills and rou~ine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants;
e. Ensure long-term maintenance of all post construct BMPs in perpetuity; and
f. Identify how post-development runoff rates and velocities from the site will not exceed
the pre-development runoff rates and velocities to the maximum extent practicable.
41. Prior to building permit, Developer shall design, apply for and obtain approval of the City
Engineer, for 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. The structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information and approved by the City
PIP 05-03 -PALOMAR FO.M LOTS 6 & 7
October 6, 2005
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Engineer as part of the building or grading plan review whichever occurs first.
Special Conditions
42. The Average Daily Trips (ADT) and floor area shown on the Site Plan are for planning
purposes only. 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.
43. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers)
are required to serv~ 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.
44. The Developer shall design and construct public facilities within public right-of-way or within
minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the
discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
45. Prior to issuance of building permits, Developer shall pay all ·fees, deposits, and charges for
connection to public facilities. Developer shall pay the San Diego County Water Authority
capacity charge(s} prior to issuance of Building Permits. •
46. The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
47. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
48. The Developer shall install potable water and recycled wa~er services and meters at a
location approved by the District Engineer. The locations of said services shall be reflected
on public improvement plans.
49. The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public improvement _
plans.
50. The Developer shall design and construct public water facilities substantially as shown on
the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be
reflected on public improvement plans.
51. 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 occupancy.
52. Prior to issuance of building permits, the entire potable water, and recycled water system
shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands
can be met to the satisfaction of the District Engineer.
• • PIP 05-03 -PALOMAR FORUM LOTS 6 & 7
October 6, 2005
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53. A fire flow system shall be required for this industrial development and it shall be constructed
as a looped system. The Developer shall complete the looped water system by tying into the
existing waterline system in Grey Hawk Court and Eagle Drive to the satisfaction of the
District Engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
54. Developer shall exercise special care during the construction phase of this project to prevent
offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad
Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City
Engineer.
55. 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 Planning Director
prior to installation of such signs.
If you have any questions, please call Greg Fisher at (760) 602-4629.
Sincerely,
~76
DON NEU
Assistant Planning Director
DN:GF:bd
c: Glen Van Peski
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