HomeMy WebLinkAboutHDP 96-08; Carlsbad Airport Centre Parcel 1; Hillside Development Permit (HDP)!
October 28, 1996
McArdle Associates Architects
6965 El Camino Real #105-472
Carlsbad, CA 92009
SUBJECT: HDP 96-08 - CARLSBAD AIRPORT CENTRE PARCEL 1
The City has completed a review of the application for a Hillside Development Permit
for development located on the south side of Edison Place.
It is the Planning Director's determination that the project is consistent with the City's
Hillside Development regulations (Chapter 21.95), and with all other applicable City
ordinances and policies. The Planning Director, therefore, APPROVES this request
based on the following:
Findinas:
1. The Planning Director of the City of Carlsbad has reviewed, analyzed and
considered the Negative Declaration, the environmental impacts therein
identified for this project and any comments thereon prior to approving the
project. Based on the EIA Part II and comments therein, the Planning Director
finds that there is no substantial evidence the project will have a significant
effect on the environment and thereby approves the Negative Declaration.
2. The Planning Director finds that the project, as conditioned herein for HDP 96-
08, is in conformance with the Elements of the City's General Plan, based on
the following:
a) Land Use - The proposed development is consistent with the P-l General
Plan and P-M Zoning designations on the property.
b) Circulation - The project is consistent with the City's General Plan since
the proposed industrial office development is an allowed use specified for
the site as indicated on the Land Use Element of the General Plan.
C) Noise - The project is an allowed use for the site as designated by the
Airport CLUP and is conditioned to record a notice regarding noise
impacts related to overflight activities at the Airport.
3. The project is consistent with the City-Wide Facilities and Improvements Plan,
the applicable local facilities management plan, and all City public facility
policies and ordinances since:
a) The project has been conditioned to ensure that building permits will not
be issued for the project unless the District Engineer determines that
sewer service is available, and building cannot occur within the project
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (61 9) 438-1161 - FAX (61 9) 438-0894
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HDP 96-08 - CARLSBAD AIRPORT CENTRE PARCEL 1
OCTOBER 28, 1996
PAGE 2
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unless sewer service remains available, and the District Engineer is
satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for
this project.
b) Statutory School fees will be paid to ensure the availability of school
facilities in the Carlsbad Unified School District.
c) Park in-lieu fees are required as a condition of approval.
d) All necessary public improvements have been provided or are required as
conditions of approval.
e) The developer has agreed and is required by the inclusion of an
appropriate condition to pay a public facilities fee. Performance of that
contract and payment of the fee will enable this body to find that public
facilities will be available concurrent with need as required by the General
Plan.
The project has been conditioned to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
This project has been conditioned to comply with any requirement approved as
part of the Local Facilities Management Plan for 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. The project is
compatible with the projected noise levels of the CLUP; and, based on the
noiselland use compatibility matrix of the CLUP, the proposed land use is
compatible with the airport, in that the proposed use is an allowed use on the
subject site according to the CLUP.
That the project is consistent with the City's Landscape Manual, adopted by
City Council Resolution No. 90-384.
That hillside conditions have been properly identified on the constraints map
which show existing and proposed conditions and slope percentages,
That undevelopable areas of the project, i.e. slopes over 40%, have been
properly identified on the constraints map.
That the development proposal is consistent with the intent, purpose, and
requirements of the Hillside Ordinance, Chapter 21.95, in that the proposed
design does not result in damage or alteration of natural resource areas, assures
that the development density and intensity relates to the slope of the hillside,
utilizes proper design in grading, and provides an aesthetically pleasing
environment.
HDP 96-08 - CARLSBAD AIRPORT CENTRE PARCEL 1
OCTOBER 28, 1996
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That the proposed development or grading will not occur in the undevelopable
portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad
Municipal Code, in that the proposed grading volumes are within the acceptable
amounts and the grading does not occur in areas not allowed by the City.
That the project design substantially conforms to the intent of the concepts
illustrated in the Hillside Development Guidelines Manual, in that the project
design does not result in damage or alteration of resource areas, incorporates a
development density and intensity compatible with a hillside lot, and utilizes
proper design in grading, landscaping, and structure design to provide an
aesthetically pleasing development.
That the project design and lot configuration minimize disturbance of hillside
lands, in that the proposed grading volumes are within the acceptable amounts
and the grading does not occur in areas not allowed by the City.
Conditions:
Planning
1. The Planning Director does hereby approve the Hillside Development Permit
(HDP) for the industrial office project entitled "Carlsbad Airport Centre Parcel 1 ",
(Exhibits "A"-"J" on file in the Planning Department and incorporated by this
reference, dated October 28, 19961, subject to the conditions herein set forth.
Staff is authorized and directed to make or require the Developer to make all
corrections and modifications to the HDP documents, as necessary, to make
them internally consistent and conform to the Planning Director's final action on
the project. Development shall occur substantially as shown on the approved
exhibits. Any proposed development substantially different from this approval,
shall require an amendment to this approval.
2. The developer shall comply with all applicable provisions of federal, state and
local ordinances in effect at the time of, building permit issuance.
3. The developer shall provide the City with a reproducible 24"x36" mylar copy of
the-Site Plan as approved by the final decision making body. The Site Plan shall
reflect the conditions of approval by the City. The Plan copy shall be submitted
to the City Engineer and approved prior to building, grading, final map or
improvement plan submittal, whichever occurs first.
4. The developer shall include, as part of the plans submitted for any permit plan
check, a reduced, legible version of the approving resolution on a 24"x36"
blueline drawing. Said blueline drawing shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
5. Building permits will not be issued for development of the subject property
unless the District Engineer determines that sewer facilities are available at the
time of application for such sewer permits and will continue to be available until
time of occupancy.
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HDP 96-08 - CARLSBAD HIRPORT CENTRE PARCEL 1
OCTOBER 28, 1996
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The developer shall pay the public facilities fee adopted by the City Council on
July 28, 1987 (amended July 2, 1991 1, and as amended from time to time, and
any development fees established by the City Council pursuant to Chapter
21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement
a growth management system or Facilities and Improvement Plan and to fulfill
the subdivider's agreement to pay the public facilities fee dated March 1, 1996,
a copy of which is on file with the City Clerk and is incorporated by this
reference. If the fees are not paid, this application will not be consistent with
the General Plan and approval for this project will be void.
The developer shall provide proof of payment of statutory school fees to
mitigate conditions of overcrowding as part of the building permit application.
The amount of these fees shall be determined by the fee schedule in effect at
the time of building permit application.
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.
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 residential housing 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.
Approval of HDP 96-08 is granted subject to the approval of PIP 96-01. HDP
96-08 is subject to all conditions contained in the approving letter for the PIP
96-0 1 .
Prior to the issuance of the building permit, 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 and a Hillside Development 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 restriction 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.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with
gates pursuant to City standards. 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.
All visitor parking spaces shall be striped a different color than the assigned
resident parking spaces and shall be clearly marked as may be approved by the
Planning Director.
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HDP 96-08 - CARLSBAD AIRPORT CENTRE PARCEL 1
OCTOBER 28, 1996
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14. An exterior lighting plan including parking areas shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
15. No outdoor storage of material shall occur onsite unless required by the Fire
Chief. In such instance a storage plan will be submitted for approval by the Fire
Chief and the Planning Director.
16. The developer shall prepare a detailed landscape and irrigation plan in
conformance with the approved Preliminary Landscape Plan and the City‘s
Landscape Manual. The plans shall be submitted to and approval obtained from
the Planning Director prior to the approval of the final map, grading permit or
building permit, whichever occurs first. The developer shall construct and install
all landscaping as shown on the approved plans, and maintain all landscaping in
a healthy and thriving condition, free from weeds, trash and debris.
17. The first submittal of detailed landscape and irrigation plans shall be
accompanied by the project‘s building, improvement and grading plans.
18. The developer shall submit and obtain Planning Director approval of a uniform
sign program for this development prior to occupancy of any building.
19. Building identification and/or addresses shall be placed on all new existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contract to their background color.
20. Prior to the recordation of the first final map or the issuance of building 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).
Engineering
21, Prior to issuance of a building permit for any buildable lot within the subdivision,
the property owner shall pay a one-time special development tax in accordance
with City Council Resolution No. 91-39.
22. The developer shall pay all current fees and deposits required.
23. Prior to hauling dirt or construction materials to or from any proposed
construction site within the project, the developer shall submit to and receive
approval from the City Engineer for the proposed haul route. The developer
shall comply with all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
24. The developer shall comply with the City’s requirements of the National
Pollutant Discharge Elimination System (NPDES) permit. The developer shall
provide 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
HDP 96-08 - CARLSBAD AIRPORT CENTRE PARCEL 1
OCTOBER 28, 1996
PAGE 6
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Fire
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improvements shall be approved by the City Engineer. Said plans shall include
but not be limited to notifying prospective owners and tenants of the following:
a) All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic
and hazardous waste products.
b) 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 pesticides, fungicides, herbicides, insecticides, fertilizers and other
such chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
c) Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
The structural section for the access aisles must be designed 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 as part of the building site
plan review.
Prior to the issuance of building permits, complete building plans shall be
approved by the Fire Department.
Additional onsite public water mains and fire hydrants are required.
Applicant shall submit a site plan to the Fire Department for approval, which
depicts location of required, proposed and existing public water mains and fire
hydrants. The plan should include offsite fire hydrants within 200 feet of the
project.
Applicant shall submit a site plan depicting emergency access routes, driveways
and traffic circulation for Fire Department approval.
Prior to building occupancy, private roads and driveways which serve as
required access for emergency service vehicles shall be posted as fire lanes in
accordance with the requirements of section 17.04.020 of the Carlsbad
Municipal Code.
Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
sprinkler systems and other fire protection systems shall be submitted to the
Fire Department for approval prior to construction.
An approved automatic fire sprinkler system shall be installed in buildings having
an aggregate floor area exceeding 10,000 square feet.
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HDP 96-08 - CARLSBAD AIRPORT CENTRE PARCEL 1
OCTOBER 28, 1996
Water
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The entire potable water system, reclaimed water system and sewer system
shall be evaluated in detail to insure that adequate capacity pressure and flow
demands can be met.
The Developer shall be responsible for all fees, deposits an charges which will
be collected before and/or at the time of issuance of the building permit. The
San Diego County Water Authority capacity charge will be collected at issuance
of application for meter installation.
Sequentially, the Developer’s Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection
requirements. Also obtain G.P.M. demand for domestic and irrigational
needs from appropriate parties.
b) Prepare a colored reclaimed water use area map and submit to the
Planning Department for processing and approval.
c) Prior to the preparation of sewer, water and reclaimed water
improvement plans, a meeting must be scheduled with the District
Engineer for review, comment and approval of the preliminary system
layouts and usages (i.e., GPM-EDU).
This project is approved upon the expressed condition that building permits will
not be issued for development of the subject property unless the water district
serving the development determines that adequate water service and sewer
facilities are available at the time of application for such water service and
sewer permits will continue to be available until time of occupancy.
If any of the foregoing conditions fail to occur; or if they are, by their terhs, 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 approvds 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;
institute and prosecute litigation to compel their compliance with said conditions
or seek damages for their violation. No vested rights are gained by the
developer or a successor in interest by the City’s approval of this Hillside
Development Permit.
Code Reminders:
This project is subject to all applicable provisions of local ordinances including, but not
limited to, the following code requirements:
38. The developer shall pay a landscape plan check and inspection fee as reguired
39. This approval shall become null and void if building permits are not issued for
by Section 20.08.050 of the Carlsbad Municipal Code.
this project within 18 months from the date of project approval.
HDP 96-08 - CARLSBAD AIRPORT CENTRE PARCEL 1
OCTOBER 28, 1996
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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.
The project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code.
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 Building Department Policy
No. 80-6, to the satisfaction of the Directors of Planning and Building.
Compact parking spaces shall be located in large groups, and in locations clearly
marked to the satisfaction of the Planning Director.
All landscape and irrigation plans shall be prepared to conform with the
Landscape Manual and submitted per the landscape plan check procedures on
file in the Planning Department.
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.
The 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 the Carlsbad Municipal Code and the City Engineer.
If you have any questions, please call Elaine Blackburn at (61 9) 438-1 161, extension
4471.
CITY OF CARLSBAD
GARY E. WAYNE
Assistant Planning Director
EB:bk
c: Engineering Department
Bobbie Hoder
Bob Wojcik
Cynthia Haas
Data Entry
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