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HomeMy WebLinkAboutPIP 87-02A; Atrium II; Planned Industrial Permit (PIP)r L - -. . City of Carlsbad PLANNED INDUSTRIAL PERMIT AMENDMENT February 28,2001 Mr. Scott Brusseau Newport National Corporation 21 17 Industrial Court, Suite E Vista, CA 92083 SUBJECT: PIP 871)2(A) - ATRIUM II The City has completed a review of the application for a Planned Industrial Permit Amendment to allow for a Non-Residential Planned Development, which includes the construction of a new office structure on a site which is currently developed with one industrial structure on an existing developed Planned Industrial lot located at 2714 Loker Avenue West, APN 209-081-02, in the Carlsbad Airport Business Center Specific Plan (SP-200). 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 site indicated by the Planned Industrial Permit Amendment 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 21.4 of the Carlsbad Municipal Code, in that the proposed 32,250 square foot office building meets the parking requirements; the proposed building meets all required setbacks; and incorporates an increased side yard setback to accommodate the 40’4’’ high structure, as required by the P-M zone and the Carlsbad Airport Business Center Specific Plan (SP 200). 2. The improvements indicated on the Planned Industrial Permit Amendment are located in such a manner to be related to existing and proposed streets and highways, in that the existing site entrance is maintained to provide access to both buildings. No additional points of access are proposed for this project. 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 w.ci.carlsbad.ca.us 49 - PIP87-02(A) - ATRIUh . February 28,2001 Page 2 3. The improvements as shown on the Planned Industrial Permit Amendment are 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 Carlsbad Municipal Code, in that the overall plan provides adequate circulation and all required parking for the existing and proposed structures. The overall plan does not interfere with the existing circulation, parking and other pertinent amenities, which were previously approved by PIP 87-02. The proposed development is compatible with existing surrounding land uses; the design of the proposed office structure compliments the existing building, in that it will be constructed of similar materials of compatible colors; and the building placement is designed to create as little visual impact as possible. 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 of the state CEQA Guidelines. . With regard to Section 15332, the project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality and the site is adequately served by all required utilities and public services. Therefore, the project qualifies as a In-Fill Development Project and is exempt from environmental review pursuant to Section 15332 of 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 for approval, is in conformance with the Elements of the City’s General Plan, based on the following: A. Land Use - The proposed Non-Residential Planned Development, which includes an additional ofice structure, is consistent with the uses allowed within the Planned Industrial Land Use Designation. B. Circulation - Adequate circulation is provided through the existing public streets. C. Noise - The project is required to maintain conformance with the noise criteria as established within the regulation of Chapter 21.34 of the Carlsbad Municipal Code. D. Public Safety - The project is not located within any flood plain or geologically/seismically unstable area. - PIP87-02(A) - ATRIUht. . February 28,2001 Paqe 3 6. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.280.020 and Landscape Manual Section I B) 7. That the project is consistent with the Carlsbad Airport Business Center Specific Plan (SP-200) in that all applicable setbacks and standards have been met and the use is allowed by the Specific Plan. 8. 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. A. The project has been conditioned to provide proof from the Carlsbad School District that the project has satisfied its obligation for school facilities. B. The Park facilities impact fee for Zone 5 is required by Carlsbad Municipal Code Chapter 21.90.050, and will be collected prior to issuance of building permit. C. 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. Approval is granted for PIP 87-02(A) as shown on Exhibits “A” - “J“, dated February 28,2001 , 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. 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 - PIP87-02(A) - ATRIUM . . February 28,2001 Pacle 4 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 Amendment. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the PIP 8742(A) 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. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. 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. 7. 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 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. 8. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the site plan reflecting the conditions approved by the final decision making body. 9. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. P PIP87-02(A) - ATRlUh. . February 28,2001 Page 5 IO. 11. 12. 13. 14. 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. 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. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. The Developer shall establish an owner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&R's shall adequately address maintenance of all common landscaped areas (including landscaping within parking areas) and paved parking areas. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 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. .I PI P87-02(A) - ATRl Uhrt . February 28,2001 Paqe 6 15. 16. 17. 18. 19. 20. 21. 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, 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 Amendment 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 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. 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. 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 .lo5 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. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Planning Director. This approval is granted subject to the approval of MS 00-10 and PUD 00-112 and is subject to all conditions contained in therein. 22. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer P PI P87-02(A) - ATRl Uh . February 28,2001 Paqe 7 23. 24. 25. 26. 27. 28. 29. shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxeslfees are not paid, this approval will not be consistent with the General Plan and shall become void. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. The 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 the time of building permit issuance, except as otherwise specifically provided herein. 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. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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. 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 feedexactions. 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. PIP87-02(A) - ATRlUhr, , February 28,2001 Paae 8 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously othemise expired. If you have any questions, please call Paul Godwin at (760) 602-4625. CITY OF CARLSBAD GARY E. WAYNE Assistant Planning Director GEW:PG:cs C: Chris DeCerbo Jeremy Riddle Cynthia Haas