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Home My WebLink AboutPIP 06-09x2; Carlsbad Raceway Lots 13-15; Planned Industrial Permit (PIP)&CITY OF Planning Division July 12, 2010 www.carlsbadca.gov Ms. Natalie Roderick Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: PIP 06-09x2 - CARLSBAD RACEWAY LOTS 13-15 The City has completed a review of the application for a Planned Industrial Permit Extension to allow for a three-year time extension for the development of seven (7) single-story. office/warehouse buildings totaling 140,400 square feet in size, 507 surface parking spaces, site landscaping, as well as all other necessary improvements for a 11.5-acre site generally located on the north side of Lionshead Avenue, east of Melrose and Eagle 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. The adopted findings for PIP 06-09 and PIP 06-09x1, which are contained in the Planning Director's approval letters, dated June 20, 2007 and October 23, 2008, respectively, apply to this extension and are incorporated herein by this reference. 2. That the Planning Director has reviewed each of the exactions imposed on the Developer contained in this letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit or grading permit, whichever shall occur first 1. 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; record a notice of violation on the property title; 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 Extension. 1 635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® PIP 06-09x2 - CARLSBAD RACEWAY LOTS 13-15 July 12, 2010 Page 2 ; 2. All conditions of approval of Planned Industrial Permit PIP 06-09x1 as stated in the Planning Director's approval letter, dated October 23, 2008, shall apply as conditions of approval for PIP 06-09x2 and are incorporated herein by this reference, except Planning Condition No. 3 of PIP 06-09x1 has been replaced with Planning Condition No. 3 below and Engineering Condition Nos. 5, 6, and 7 have been replaced with Engineering Condition Nos. 4-9 below. Planning Condition No. 4 of PIP 06-09x1 remains as a condition which needs to be fulfilled prior to the issuance of building permits. 3. Planned Industrial Permit Extension, PIP 06-09x2, is retroactively granted for a period of three (3) years from June 20, 2010 to June 20, 2013, and shall become null and void if building permits for this project are not issued within this time period. No additional time extensions will be granted. 4. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intent from the State Water Resources Control Board. 5. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project, to the maximum extent practicable. 6. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to City Engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the City's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the Developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the City's latest fee schedule. 7. The Developer acknowledges that the upcoming hydromodification (runoff reduction) requirements may impact how this project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, Developer shall demonstrate compliance with storm water requirements to the satisfaction of the City Engineer. 8. The Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 9. Prior to the next submittal of the grading plan application, DWG 453-3A, the applicant must meet with City staff to determine if the revised grading plan meets the latest City SUSMP requirements. Depending on how extensively the new water quality and PIP 06-09x2 - CARLSBAD RACEWAY LOTS 13-15 July 12, 2010 Page 3 hydromodification requirements impact the current project design, the developer may be required to process a Consistency Determination to evaluate if the revised project is consistent with the Planning Director approval. Significant changes may trigger Amendments to be processed for the discretionary permits. Additional plan check fees will be required to review the revised grading plan and associated documents. The additional plan check fees will be determined by the project engineer upon review of the resubmittal package. 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 fees/exactions 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 fees/exactions 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 Shannon Werneke at (760) 602-4621 or Tecla Levy at (760) 602-2733. Sincerely, CHRIS DECERBO Principal Planner CD:SW:bd c: Fenton Raceway LLC, 7577 Mission Valley Road, Suite 200, San Diego, CA 92108 Michele Masterson, Senior Management Analyst Tecla Levy, Project Engineer Data Entry File Copy