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HomeMy WebLinkAboutPIP 91-02A; Nextel Loker Avenue Site; Planned Industrial Permit (PIP)- City of Carlsbad PLANNED INDUSTRIAL PERMIT AMENDMENT October 12,2000 Mark Brunette Nextel Communications 5761 Copley Drive, Suite 100 San Diego, CA 921 11 SUBJECT: PIP 91 -02(A) - NEXTEL LOKER AVEUNE SITE The City has completed a review of the application for a Planned Industrial Permit Amendment to allow for the addition of a 200 square foot telecommunications equipment building on an existing developed Planned Industrial lot located at 2765 Loker Avenue West, APN 209-081 -1 8. 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 200 square foot telecommunications equipment building requires no additional parking; the proposed building meets all required setbacks and does not exceed 10 feet in height; and the proposed building does not encroach into the required 10 foot landscaped setback. 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 access to the site is via an existing driveway on Loker Avenue West and no additional points of access are proposed for this project. 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 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @ I PIP 91-02(A) - NEXTEL L~KER AVENUE SITE October 12,2000 Paqe 2 4. 5. 6. 7. 8. 9. Municipal Code, in that the overall plan does not interfere with the existing circulation, parking and other pertinent amenities, which were previously approved by PIP 91-02. The proposed development is compatible with existing surrounding land uses; the design of the telecommunications equipment building is architecturally integrated with the existing building, in that it will be constructed of similar materials and painted to match the existing building; and the building placement is designed to create as little visual impact as possible. 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 from the requirement for the preparation of environmental documents pursuant to Section 15301 - Existing Facilities 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. 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 telecommunications equipment building 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. The project is consistent with the City-Wide Facilities and Improvement,Plan, the Local Facilities Management Plan for Zone 5 and all City. public facility policies and ordinances. The project will create no additional need for public facilities. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.280.020 and Landscape Manual Section I B) 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. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, the that - PIP 91-02(A) - NEXTEL LJKER AVENUE SITE October 12,2000 Paqe 3 exactions 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: Planning: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. 2. 3. 4. 5. 6. 7. a. Approval is granted for PIP 91-02(A) as shown on Exhibits “A” - “C“, dated October 12, 2000, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless othetwise noted in these conditions. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted Uses). All roof appurtenances shall be shielded from view and architecturally integrated with the building design. Unless otherwise stated, this industrial project shall comply with all applicable City ordinances and requirements. 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the PIP 9142(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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances 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 - PIP 91-02(A) - NEXTEL I JdER AVENUE SITE October 12,2000 Paqe 4 h invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 9. 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. IO. 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. 11. 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. 12. 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. 13. 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. 14. 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, - PIP 91-02(A) - NEXTEL L,~<ER AVENUE SITE October 12,2000 Paqe 5 and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 15. 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. 16. 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. 17. 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. Enaineerina: None. General: 18. 19. 20. 21. 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 shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees 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 .- . PIP 91-02(A) - NEXTEL L JKER AVENUE SITE October 12, 2000 Paae 6 ” effect at the time of building permit issuance, except as othewise specifically provided herein. 22. 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. .. 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 Paul Godwin at (760) 602-4625. GARY YWAYNE ’ Assistant Planning Director GEW:PG:cs C: Chris DeCerbo David Rick Cynthia Haas Data Entry File Copy