HomeMy WebLinkAboutPIP 05-17; OPUS POINT LOTS 5 & 6; Admin Decision Letter. .
March 20, 2006
Tony Sanfilippo
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City
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-' of Carlsbad
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PLANNED INDUSTRIAL PERMIT
, Hofman Planning Associates
5900 Pasteur Court, Suite 150
Carlsbad, CA 92008
SUBJECT: PIP 05-17-CARLSBAD RACEWAY INDUSTRIAL PARK-LOTS 5 & 6
The City has completed a review of the application for a Planned Industrial Permit for
development located north of Palomar Airport Road and west of Melrose Drive.
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 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 the
proposed two-story office building does not require any additional access o~h~r
that that proposed for the Raceway 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 one two-story office building, which conforms 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];
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
PIP 05-17 -CARLSBAD rlEWAY INDUSTRIAL PARK -LOTS I a
March 20, 2006
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b. This project is consistent with the project/plan cited above;
c. -Mitigated Negative Declaration GPA 98-05/ZC 01-07/CT 98-10/ HDP ,98-09/ • .
PIP 01-01 -Carlsbad Raceway Business Park was adopted in connection WitA;.....
the prior project or plan;
d. The project has no new significant environmental effect not analyzed' as
significant in the prior Mitigated Negative Declaration;
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e. None of the circumstances requiring a Subsequent Mitigated Negative
Declaration or a Supple'mental EIR under CEQA Guidelines Sections 151.62 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 one two-story office building, 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 consistent with the City-Wide Facilities and Improvements Plan, the
Local Facilities Management Plan for Zone 18 and all City public facility policies and -
ordinances. The project includes elements or has been conditioned to construct or
'provide _funding to ensure that all facilities and improvements regarding: sewer
collection. and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent
with need. Specifically,
-7.
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. 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.
d. 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
dem·and created by employees within Local Facilities Management Zone ·1·a.
-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. The project is compatible with the projected
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use i~ compatible with the airport, in that the proposed
development consists of one two-story office building, which conforms to the
CLUP.
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• --PIP 05-17 -CARLSBAD RACEWAY INDUSTRIAL PARK-LOTS 5 & 6
March,20, 2006
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8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Cod~ Section 14.128.020 and Landscape Manual Section 18).
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9.. That the Planning Director has reviewed each of the exactions imposed ,·on t~e;.....
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 impact caused by
the project.
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Conditions:
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Approval is granted for PIP 05-17 as shown on Exhibits "A" -"J" dated March 20,
2006, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions_
All uses established in this structure shall be consistent with Section 21.34.020
(Permitted Uses).
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.
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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 withoui the condition complies
with all requirements of law.
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,
PIP os-11 -CARLSBAD ·~WAY INDUSTRIAL PARK-LOTS I 6·
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directly or indirectly, from (a) City's approval and issuance .of this Planned Industrial
Pero,it, (b) City's approval or issuance of any permit or action, whether discretionary or·
non.:discretionary, in connection with the use contemplated herein, ancf, (e) • .
Developer/Operator's installation and operation of the facility permitted hereby, irfoludin~
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 1-1ntil
all legal proceedings have been concluded and continues even if the City's approval is
not validated.
Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy
of the Site ~Ian reflecting the conditions approve~ by the final decision making body.
• 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.
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 pa'rk 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.
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.
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.'
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.
The. first submittal of Final Landscape and Irrigation Plans shall be pursuant to "the
landscape plan check process on file in the Planning DepartmeRt and accompanied by
the project's building, improvement, and grading plans. r
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. Said Notice of
PIP 05-17-CARLSBAD .EWAY INDUSTRIAL PARK-LOTS" 6
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Restriction shall note the property description, location of the file containing complete
proj~ct details and all conditions of approval as well as any conditions or restrictions-
specified for inclusion in the Notice of Restriction. The Planning Director . ha's the • .
authority to execute and record an amendment to the notice, which modifies·-·-et--.
terminates said notice upon a showing of good cause by the Developer or successor in
interest.
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
Pl~nning Director. Enc!.osure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
No outdoor storage of materials shall occur on site 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.
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.
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 airc~aft 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).
All roof appurtenances shall be shielded from view and architecturally integrated with the
building design.
Unless otherwise stated, this industrial project shall comply with all applicable City
ordinances and requirements.
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:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon ·the
ap.proval of this proposed PIP, must be met prior to approval-of a grading permit or
building whichever occurs first. ;
PIP 05-17-CARLSBAD i:IE~AY INDUSTRIAL PARK-LOTS Is
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General
23. Prior to hauling dirt or construction materials to or from any proposed constructioft site • ,
within this project, Developer shall apply for and obtain approval from, the City Engine'eF-
for the proposed haul route.
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24. 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.
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25. Developer shall maintain the sight distance corridors at the proposed driveways on
Eagle Drive and on Lionshead Ave. in accordance with Engineering Standards. The
• • limits of these sight distance corridors shall be reflected on any improvement, grading, or
landscape plan prepared in association with this development. Slopes shall be pulled
back where proposed obstructions occur.
Grading •
26. 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. •
27. 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
28. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law,
improvements shown on the Site Plan (PIP) and the following improvements including,
but not limited to paving, walkways, curbs and gutters, potable and recycled water
services and meters, and fire hydrants to City Standards to the satisfaction of the City
Engineer. The improvements are:
a. Recycled water seNice to seNe this project connecting to the recently
completed Recycled water main in Melrose Drive. Location of Recycled
Water connection is shown on the approved PIP for this project.
b. Public water system and fire hydrants. (Including easements) as shown on
the PIP for this project.
c. Storm Water Pollution Control Structures as shown on the PIP for (/;lis
project. These improvements may be included in the Grading and Erosion
Control security. Maintenance of Pollution control structures shall be the
responsibility of the developer/landowner. '
Improvements listed above shall be constructed concurrent with development of this
project and shall be accepted for use prior to occupancy or such other time as provided
in said ~greement.
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29. Prior to the issuance of grading permit or building permit, whichever occurs fir~t,
Dev~loper 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 ru,noff
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.
30. 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:
31.
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 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;
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.· -·
Prior to building permit, Developer shall design, apply for and obt,ain 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.
PIP os-17-CARLSBAD lcEwAY INDUSTRIAL PARK-LOTS Is
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Special Conditions
32.
33.
Water
The-= Average Daily Trips (ADT) and floor area shown on the Site Plan. ar'e 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.
Prior to the issuance of a grading permit or building permit, whichever or,curs
first, the developer shall execute an agreement to pay any drainage fees
established in the forthcoming revised Drainage Master Plan. ,
34. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if fire protection measures (fire flows, fire hydrant location!ii, 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.
35. 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.
36. 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.
37. 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.
38. The Developer shall install (potable water and/or recycled water services) and meters at
a location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
39. 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 PL!bli~
improvement plans.
40. 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. '
'· 41. Prior to the issuance of a building permit, Developer shall submit to the City Engineer
proof that the existing lots within this project have been consolidated or merged in
accordance with the Carlsbad Municipal Code. ~ #
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
PIP 05-17-CARLSBAD ~EWAY INDUSTRIAL PARK-LOTS I 6
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42. Developer shall exercise special care during the construction phase of this project to
prev_ent 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. ,. ·-·--=-,.__
43. 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.
44. Approval of this request shall not excuse compliance with all applicable sections of the ,
Zoning Ordinance and all other applicable City ordinances in effect at time of building
· permit issuance, except as otherwise specifically provided herein.
45. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
46. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
47. 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.
48. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
If you have any questions, please call Pam Drew at (760) 602-4644 or Clyde Wickham at (760)
602-2742.
DON NEU
Assistant Planning Director
DN:PD:bd
c: Clyde Wickham, Project Engineer
H.G. Fenton Co., 7577 Mission Valley Road, San Diego, CA 92108 ,
Larry Nelson, Davis Partners LLC, 1420 Bristol St. North, Ste 100, Newport Beach, -CA
92660
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