HomeMy WebLinkAboutPIP 00-05; Carlsbad Airport Center Lot 23; Planned Industrial Permit (PIP)- City of Carlsbad
PLANNED INDUSTRIAL PERMIT
June 11,2001
Michael J Durkin
Durkin Development
4660 La Jolla Village Dr, Suite 1080
San Diego CA 92122
SUBJECT: PIP 00-05 - CARLSBAD AIRPORT CENTER LOT 23
The City has completed a review of the application for a Planned Industrial Permit for
development on Lot 23 of Carlsbad Tract CT 81-46, located on the north side of Dryden
Place, west of Palomar Oaks Way in Local Facilities Management Zone 5.
It is the Planning Director's determination that the project 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:
Findinns:
1. 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 building, open parking and landscaping fit within the
developable area of the lot and all applicable development standards can
be met.
2. 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 development gains access directly from Dryden Place in
accordance with City Engineering Standards.
3. The improvements as shown on the Planned Industrial Permit IS consistent with
the intent and purpose of this zone and all adopted development, design and
performance standards as set forth in Chapter 21.34 of the Zoning Ordinance, in
that the proposed development conforms to the building height, setbacks,
lot coverage, and design criteria of the P-M zone (Chapter 21.34 of the
Zoning Ordinance).
1635 Faraday Avenue Carlsbad, CA 92008-7314 0 (760) 602-4600 FAX (760) 602-8559 w.ci.carIsbad.ca.us @
PIP 00-05 - CARLSBAD AIRPORT CENTER LOT 23
June 11,2001
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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.
5. The Planning Director finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and the Carlsbad
Airport Center Specific Plan (SP 181(C)), in that the industrial project
conforms to the General Plan land use designation of Planned Industrial
and the allowed uses listed in SP 181(C), the parking area is designed to be
safe and attractively landscaped, the proposed building will conform to all
seismic design standards of the Uniform Building Code and State building
requirements, and the proposal meets all of the applicable development
standards contained in SP 181 (C).
6. 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, I
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 5 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance
of building permit.
7. As conditioned, the project is consistent with the Comprehensive Land Use
Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that an
amendment to the CLUP to conditionally allow industrial uses within the 75
dBA CNEL aircraft noise contour is required prior to issuance of grading or
building permits. The project is compatible with the projected noise levels of
the CLUP; and, based on the noise/land use compatibility matrix of the CLUP,
PIP 00-05 - CARLSBAD AIRPORT CENTER LOT 23
June 11,2001
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the proposed land use is compatible with the airport, in that the project is
conditioned such that no building or grading permits can be issued until
the Board of Directors for the San Diego Association of Governments
(SANDAG) approves the amendments to the CLUP that would conditionally
allow industrial uses within the.75 dBA CNEL aircraft noise contour.
8. That the project is consistent with the City’s Landscape Manual (Carlsbad
Municipal Code Section 14.28.020 and Landscape Manual Section I B).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to
grading or building permit, whichever occurs first.
1. Approval is granted for PIP 00-05 as shown on Exhibits “A - “F, dated June 11,
2001, 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 this structure shall be consistent with Section 21.34.020
(Permitted Uses).
3. All roof appurtenances shall be shielded from view and architecturally integrated
with the building design.
4. Unless otherwise stated, this industrial project shall comply with all applicable
City ordinances and requirements.
5. 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;
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.
6. 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.
7.
8.
9.
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PIP 00-05 - CARLSBAD AIRPORT CENTER LOT 23 June 11,2001
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The 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 without the condition complies with all requirements of law.
The 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.
10.
11.
12.
13.
The 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.
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 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. the project is conditioned to pay the Local Facilities Management Zone fee
for Zone 5 for the provision of park land
b. the project is conditioned to satisfy its obligation to provide school facilities
through the payment of school fees.
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.
PIP 00-05 - CARLSBAD AIRPORT CENTER LOT 23
June 11 , 2001
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14.
15.
16.
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18.
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.
The Developer is aware that the City is preparing a non-residential housing
impact fee (linkage fee) consistent with Program 4.1 of the Housing Element.
The applicant is further aware that the City may determine that certain non-
residential projects may have to pay a linkage fee, in order to be found consistent
with the Housing Element of the General Plan. If a linkage fee is established by
City Council ordinance and/or resolution and this project becomes subject to a
linkage fee pursuant to said ordinance and/or resolution, then the Developer, or
his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee
shall be paid at the time of issuance of building permits, except for projects
involving a request for a non-residential planned development for an existing
development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential
PUD, whichever pertains. If linkage fees are required for this project, and they
are not paid, this project will not be consistent with the General Plan and
approval for this project will become null and void.
The 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. The 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 Department and
accompanied by the project’s building, improvement, and grading plans.
Prior to the issuance of the building permit or grading permit, whichever
occurs first,, 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 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
PIP 00-05 - CARLSBAD AIRPORT CENTER LOT 23
June 11,2001
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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.
19. The 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.
20. 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.
21. The 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.
22. 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).
23. 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.
24. The interior noise level of the proposed industrial building shall not exceed
50 dBA CNEL. Concurrent with the submittal of building plans, the
applicant shall submit an acoustical study documenting what construction
materials or measures must be utilized to meet the required interior noise
levels. A letter signed by the acoustical engineer and project architect
which contains each professional’s registration stamp and certifies that the
recommendations of the acoustical study have been incorporated into the
building plans shall be submitted prior to building permit issuance.
25. Approval of PIP 00-04 is granted subject to the Developer obtaining
approval of the necessary amendments to the Comprehensive Land Use
Plan for McClellan-Palomar Airport by the Board of Directors of the San
Diego Association of Governments (SANDAG) to conditionally allow
industrial uses within the 75 dBA aircraft noise contour.
26. Due to the location of the project within the 75 dBA aircraft noise contour,
the following restrictions shall apply:
PIP 00-05 - CARLSBAD AI~PORT CENTER LOT 23
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A.
B.
C.
D.
E.
The building occupancy shall be limited to a maximum of 100 people.
The Developer shall cause property owner to execute and submit to
the Planning Director and City Engineer for recordation a Hold
Harmless Agreement regarding aircraft operations and aircraft noise
prior to issuance of grading or building permits, whichever occurs
first. The form of said agreement shall be reviewed and approved by
the City Attorney prior to execution.
The proposed building shall be limited to a maximum height of 35
feet, as measured from grade to the highest extent of the building.
The employee eating areas for the project shall be provided
completely indoors at a ratio of 300 square feet of eating area for
every 5,000 square feet of building area or fraction thereof.
The project shall be designed and constructed to meet all fire safety
requirements as determined by the City Fire Marshal.
Ennineerinq Conditions:
27.
28.
29.
30.
31.
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.
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.
Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar
copy 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 Planning Director, reviewed and, if acceptable, signed by the City's project
engineer and project planner prior to submittal of the building plans,
improvement or grading plans, whichever occurs first.
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 subdivision into the existing City
of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by
the City Engineer.
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
PIP 00-05 - CARLSBAD kldPORT CENTER LOT 23 June 11,2001
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32.
33.
34.
35.
apply for and obtain a grading permit from the City Engineer prior to issuance of
a building permit for the project.
Developer shall cause Owner to execute a covenant of easement for private
drainage purposes as shown on the Conceptual Grading Plan. This covenant
is required to cover installation of offsite drainage lines over the westerly
adjacent property. Developer shall provide City Engineer with proof of
recordation prior to issuance of building permit or grading permit, whichever
occurs first.
Additional drainage easements may be required. Developer shall dedicate and
provide or install drainage structures, as may be required by the City Engineer,
prior to or concurrent with any grading or building permit.
Developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. 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:
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.
Prior to building permit or grading permit issuance, whichever occurs first,
Developer shall have 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
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PIP 00-05 - CARLSBAD AI~PORT CENTER LOT 23
June 11,2001
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36.
37.
38.
39.
40.
41.
42.
43,
44.
the aisle ways shall be submitted together with required R-value soil test
information and approved by the City Engineer as part of the grading plan review.
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.
The Developer shall design and construct public facilities within public right-of-
way or within minimum 20-feet wide easements granted to the District. At the
discretion of the District Engineer, wider easements may be required for
adequate maintenance, repair, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and
charges for connection to public facilities. Developer shall pay the San Dieao
Countv Water Authoritv capacitv charae(s1 prior to issuance of Building Permits.
The Developer shall design landscape and irrigation plans utilizing recycled
water as a source. Said plans shall be prepared to the satisfaction of the District
Engineer.
The Developer shall install potable water and 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.
The Developer shall install sewer laterals and clean-outs at a location approved
by the District Engineer. Sewer laterals shall not be located in driveways. The
locations of sewer laterals shall be reflected on public improvement plans.
The Developer shall design and construct public water facilities substantially as
shown on the Conceptual Grading Plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement
plans.
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.
Prior to issuance of building permits, whichever is first, the entire potable water,
recycled water, and sewer 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.
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PIP 00-05 - CARLSBAD AIHPORT CENTER LOT 23 . June 11,2001 Paqe 10
45. 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 on Dryden Place and stubbing
out to the existing westerly lot to the satisfaction of the District Engineer.
46. The Planning Director has reviewed each of the exactions imposed on the
Developer contained in this resolution, 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.
Code Reminders:
47. The Developer shall pay a landscape plan check and inspection fee as required
by Section 20.08.050 of the Carlsbad Municipal Code.
48. 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.
49. 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.
50. The project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code.
51. 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 Community Development and
Planning.
52. Premise identification (addresses) shall be provided consistent with Carlsbad
Municipal Code Section 18.04.320.
53. 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.
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June 11,2001
Pacre 11
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for
convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these
fees/exactions. If you protest them, you must follow the protest procedure set forth in
Government Code Section 66020(a), and file the protest and any other required
information with the City Manager for processing in accordance with Carlsbad Municipal
Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified
feedexactions DOES NOT APPLY to water and sewer connection fees and capacity
charges, nor planning, zoning, grading or other similar application processing or service
fees in connection with this project; NOR DOES IT APPLY to any feedexactions of
which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
If you have any questions, please call project planner Michael Grim at (760) 602-4623.
CITY Dl? CARLSBAD H+ ARY E. WAYNE
Assistant Planning Director
GEW:MG:mg
c: Jeremy Riddle
Cynthia Haas
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