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HomeMy WebLinkAboutPIP 86-01B; Hisamitsu Shipping Addition; Planned Industrial Permit (PIP)FILE COPY City of Carlsbad PLANNED INDUSTRIAL PERMIT AMENDMENT October 8, 2008 Natalie Roderick Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: PIP 86-01(B) - HISAMITSU SHIPPING ADDITION The City has completed a review of the application for a Planned Industrial Permit Amendment for development located at 2732 Loker Avenue West. The project would add 672 square feet of shipping area to an existing building and add a screened, outdoor mechanical equipment area and oxidizer stack. No landscaping would be removed. This approval is being resent to show the correct address of 2732 Loker Avenue West instead of 2728 Loker Avenue West that was previously noted. All conditions and findings remain the same. This letter supersedes the previous approval letter dated October 7, 2008. 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 86-01(6) 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 Chapter 21.34 and the Carlsbad Airport Business Park Specific Plan in that the proposed addition of a shipping area, mechanical equipment area and oxidizer stack fits within the developable area of the lot and meets all applicable development standards. 2. That the improvements indicated on the Planned Industrial Permit 86-01 (B) are located in such a manner to be related to existing and proposed streets and highways in that access for the proposed addition is provided from Loker Avenue West, which was previously approved by Planned Industrial Permit PIP 86-01, in accordance with City Engineering Standards. The project does not require any street improvements. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 6-1)1 (B) - HISAMITSU SHIPPING ADDITION October 8, 2008 Page 2 3. That the improvements as shown on the Planned Industrial Permit 86-01(8) are consistent with the intent and purpose of the Planned Industrial zone and all adopted development, design and performance standards as set forth in Chapter 21.34 in that the project conforms to the applicable requirements for building height, setbacks, parking, and lot coverage, as well as the architectural 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 is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(e) Existing Facilities of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 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 as an expansion of an industrial office use, the proposed addition is consistent with the Planned Industrial (PI) General Plan Land Use designation. Further, the project features appropriate design and screening to comply with Land Use Element aesthetic objectives. Finally, the project complies with or does not preclude compliance with other applicable General Plan objectives, such as those concerned with adequate vehicle and pedestrian circulation and sensitive habitat preservation. 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: 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. 7. 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 PIP 86-01 (B) - HISAMITSU SHIPPING ADDITION October 8, 2008 Page3 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 the issuance of a building permit or grading permit, whichever occurs first. 1. Approval is granted for PIP 86-01 (B) as shown on Exhibits "A-E", dated September 26, 2008, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 Amendment. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Industrial Permit Amendment 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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 Amendment, (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. PIP 86-01(8) - HISAMITSU SHIPPING ADDITION October 8, 2008 Page 4 6. Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 7. 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. 8. 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. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. 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. 11. 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. 12. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and 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. 13. At all times, landscape screening of the oxidizer stack shall be maintained in a healthy, thriving condition. If necessary, landscaping shall be replaced to maintain this healthy condition. Any replacement landscaping shall be a minimum 24-inch box size at time of planting, compatible with other landscaping, and capable of screening the stack. The landscape screening of the oxidizer stack approved as part of PIP 86-01 (B) shall be incorporated into the final construction drawings. 14. Unless otherwise stated, this industrial project shall comply with all applicable City ordinances and requirements. PIP 86-01 (B) - HISAMITSU SHIPPING ADDITION October 8, 2008 Page 5 15. Developer shall comply with the current City of Carlsbad Storm Water Standards and the current National Pollutant Discharge Elimination System (NPDES) permit and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. 16. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 17. Prior to the issuance of the Planned Industrial Permit Amendment, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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 Amendment PIP 86-01(6) on the property. 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 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. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 18 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. 19. 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. 20. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. PIP 86-01(8) - HISAMITSU SHIPPING ADDITION October 8, 2008 Page 6 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 Gina Ruiz at (760) 602-4675. Sincerely, ''GARY T. BARBERIO Assistant Planning Director GTB:GR:lt c: Fenton H G Company, 7577 Mission Valley Road, San Diego, CA 92108 Chris De Cerbo, Team Leader Scott Donnell, Senior Planner Tecla Levy, Project Engineer Glen Van Peski, Senior Civil Engineer Mike Peterson, Development Services Manager Cynthia Haas File Copy Data Entry