HomeMy WebLinkAboutPIP 05-14; MAMMOTH PROFESSIONAL OFFICE BUILDING; Admin Decision LetterJanuary 24, 2006
Gary Nogle
2398 San Diego Avenue
San Diego, CA 92100
-
City
• ~ 1/31/3'
of Carlsbad
l:.JEt;1; •• ;J·■•J4•Ei_l_ii,t4hi
SUBJECT: PIP 05-14 -MAMMOTH PROFESSIONAL OFFICE BUILDING
The City has completed a review of the application for a Planned Industrial Permit for
development located on the northeast corner of Palomar Airport Road and Loker Avenue East.
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 in that the proposed
three-story office building 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 in that the
proposed office building does not require any additional access other than existing
improvements on Loker Avenue East and Palomar Airport Road, 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
cqnsists of a three-story office building which conforms to the building height,
increased setbacks for increased height above 35 feet, lot coverage, design criteria
and performance standards of the P-M zone (Chapter 21.34 of the Zoning Ordinance).
4. That the Planning Director 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. In making this determination, the
Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
PIP 05-14 -MAMMOTH P'OFESSIONAL OFFICE BUILDING -
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5. That the 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 a three-story office building which conforms to the intent
and purpose of the Planned Industrial {P-1) Land Use designation of the General Plan.
6. That the project is-consistent with the.City-Wide Facilities and Improvements Plan, the
Local Facilities Management Plan for Zone 5 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,
7.
8.
9.
a. · The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. 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.
c. 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 5.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise, and the applicant shall record an avigation
easement. The project is compatible with the projected noise levels of the CLUP; and,
based on the noise/land us~ compatibility matrix of the CLUP, the proposed land use is
compatible with the airport, in that the project site is outside the 60 CNEL noise
contour.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.128.020 ane Landscape_Manual Section 18).
That the Planning Director has reviewed each of the exactions imposed on the
Developer contained in this letter, and he~eby finds,· in this 'Case, that the exactions are
imposed to mitigate impacts caused by or reasonably related to the project, .and the
e}(!ent and the.degree of the exaction is in rough proportionality to the impact caused by
the project.
Conditions:
1. Approval is granted for PIP 05-14 as shown on Exhibits "A" -"L", dated January 25,
2006, on ·file in the Planning Department and incorporated herein by reference.
Development shall occur su6sTantially as shown unless otherwise noted in these
conditions.
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2. All uses established in this structure 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.
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
PIP 05-14 -MAMMOTH PIFESSIONAL OFFIC~ BUILDING -
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10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building. permits, including, but not limited to the
following:
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 5.
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
Planned Industrial Permit on the real property owned by the Developer. $aid 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 g·ates pursuant to City Engineering-Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said re-eeptacles 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
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the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
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.
Engineering:
Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed PIP, must be met prior to approval of a grading permit or building whichever
occurs first.
General
24. 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. •
25. Developer shall submit to the Planning Director, a reproducible 24" x 36", photo mylar of
the Site Plan and Conceptual Grading Plan reflecting the conditions approved by the
final decision making body. The reproducible shall be submitted to the City Engineer,
reviewed and, if acceptable, signed by the City's project engineer and project planner
pribr to submittal of the building plans, final map, improvement or grading plans,
whichever occurs first.
26. Developer shall maintain sight distance corridors at all str~et intersections in accordance
with City Engineering Standards.
27. Developer shall provide a copy of the recorded private reciprocal access
easement between Property Owner and the adjacent property owner as disclosed
on the Site Plan. Concurrent with the review of the grading plans, said copy shall
be provided to the City Engineer.
PIP 05-14 -MAMMOTH '°FESSIONAL OFFICE BUILDING -
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Fees/Agreements
28. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the Site Plan into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
29. 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 prior to issuance of a building permit for
the project.
30. 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.
31. 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
consideration_s and effort shall be applied to Employee education on the proper •
"' procedures for handling clean up and disposai of pollutants.
• -. 32. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer s~all submit for City approval a "Storm .Water Management Plan (SWMP)".
The SWMP shall demonstrate complianGe with the City of Carlsbad Standard Urban .
Runoff Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the Califomia Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filt~r said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
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1. Identify existing and post-development on-site pollutants-of-concern.
2. The hydrologic unit this project contributes to and impaired water bodies that
would impacted by this project.
3. 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
4. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants.
5. Ensure long-term maintenance of all post construct BMPs in perpetuity.
6. 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.
7. Provide calculations to ensure that numeric sizing criteria is met.
Dedications/Improvements
33. 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 potable water, fire hydrants and appurtenances, all to City Standards to the
satisfaction of the City Engineer.
a. Potable water line and appurtenances as shown on the conceptual grading
plan.
Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.
34. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
b.
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove arid properly dispose of toxic and
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be. discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pestictdes, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
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c. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
35. Developer shall design 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 Engineer as part of the
building or grading plan review whichever occurs first.
Water
36. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
37. 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 tor adequate
maintenance, access and/or joint utility purposes.
38. 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 Permit~.
39. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the Planning Department and prepared 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 thefollowing: • • • · •••
40. 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. •
41: Developer shall pay a lanoscape plan check and inspection fee as required by Section
-20:-08.050 of the Carlsbad Municipal €ode.
42. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance aricfail other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
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43. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
45. Any signs proposed for this development shall at a mmImum 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 Jessica Galloway at (71?0) 602-4631.
[\vt
DON NEU
Assistant Planning Director
DN:JG:bd
c: Jeremy Riddle
Cynthia Haas
Data Entry
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