HomeMy WebLinkAboutPIP 95-11; P.E.D.I.; Planned Industrial Permit (PIP)PLANNED INDUSTRIAL PERMIT
April 10, 1996
Kenneth D. Smith
Architect and Associates, Inc.
435 W. Bradley Avenue, Suite C
El Cajon CA 92020
SUBJECT: PIP 95-11 - P.E.D.I.
The City has completed a review of the application for a Planned Industrial Permit for
development located at 2731 Loker Avenue.
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 of this request
based on the following:
Findinus:
1.
2.
3.
4.
5.
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.
The improvements indicated on the Planned Industrial Permit are located in such
a manner to be related to existing and proposed streets and highways.
The improvements as shown on the Planned Industrial Permit are consistent with
the intent and purpose of this zone and all adopted development, design, and
performance standards as set forth in this chapter.
The Planning Director of the City of Carlsbad has reviewed, analyzed and
considered the environmental impacts therein identified for this project and any
comments thereon prior to approving the project. Based on the EIA Part4 and
comments thereon, the Planning Director finds that there is no substantial
evidence the project will have a significant effect on the environment and thereby
APPROVES the Negative Declaration.
The Planning Director finds that the project, as conditioned herein for PIP 95-1 1,
is in conformance with the Elements of the City’s General Plan, since the
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-0894 @
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PIP 95-11 - P.E.D.I.
APRIL 10, 1996
PAGE 2
proposed development and land use is consistent with the zoning and
general plan land use designation of the underlying property.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
ordinances since:
a. The project has been conditioned to ensure that building permits will not
be issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless
sewer service remains available, and the District Engineer is satisfied that
the requirements of the Public Facilities Element of the General Plan have
been met insofar as they apply to sewer service for this project.
b. All necessary public improvements have been provided or are required as
conditions of approval.
c. The developer has agreed and is required by the inclusion of an
appropriate condition to pay a public facilities fee. Performance of that
A contract and payment of the fee will enable this body to find that public
facilities will be available concurrent with need as required by the General
Plan.
7. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
8. This project has been conditioned to comply with any requirement approved as
part of the Local Facilities Management Plan for Zone 5.
9. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994 (i.e. as conditioned the applicant shall
record a notice concerning aircraft noise, or the applicant shall record an avigation
easement). The project is compatible with the projected noise levels of the CLUP;
and, based on the noise/land use compatibility matrix of the CLUP, the proposed
land use is compatible with the airport, in that the property is subjected to noise
levels below 60 CNEL which is considered an acceptable range for all land
uses listed on the noise/land use compatibility matrix. The proposed land
uses are listed on the matrix.
PIP 95-11 - P.E.D.I.
APRIL 10, 1996
PAGE 3
10. That the project is consistent with the City's Landscape Manual, adopted by City
Council Resolution No. 90-384.
1 1. The project is consistent with all regulations imposed by the Carlsbad Airport
Centre Specific Plan (SP 181A) as amended July 1991.
Plannina Conditions:
1. The Planning Director does hereby APPROVE the Planned Industrial Permit for
the PIP 95-11 project entitled "P.E.D.I." (Exhibit "A-I" on file in the Planning
Department and incorporated by this reference, dated April 10, 1996) subject to
the conditions herein set forth. Staff is authorized and directed to make or require
the Developer to make all corrections and modifications to the PIP 95-11
documents, as necessary to make them internally consistent and conform to the
Planning Director's final action on the project. Development shall occur
substantially as shown on the approved exhibits. Any proposed development
substantially different from this approval, shall require an amendment to this
approval.
Maps and Exhibits
2. The Developer shall provide the City with a reproducible 24" x 36, mylar copy of py.4 ,u~ the Site Plan as approved by the final decision making body. The Site Plan shall
to the City Engineer and approved prior to building, grading, final map, or
improvement plan submittal, whichever occurs first.
5, reflect the conditions of approval by the City. The Plan copy shall be submitted
3. The Developer shall include, as part of the plans submitted for any permit plan
check, a reduced, legible version of the approval letter on a 24" x 36l blueline
drawing. Said blueline drawing(s) shall also include a copy of any applicable
Coastal Development Permit and signed approved site plan.
Facilities & Services
4. Building permits will not be issued for development of the subject property unless
the District Engineer determines that sewer facilities are'available at the time of
application for such sewer permits and will continue to be available until time of
occupancy.
5. The Developer shall pay the public facilities fee adopted by the City Council on
July 28,1987 (amended July 2,1991) and as amended from time to time, and any
development fees established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code or other ordinance adopted to implement a growth
PIP 95-1 1 - P.E.D.I.
APRIL 10, 1996
PAGE 4
management system or Facilities and Improvement Plan and to fulfill the
subdivider's agreement to pay the public facilities fee dated December 18, 1995,
a copy of which is on file with the City Clerk and is incorporated by this reference.
If the fees are not paid, this application will not be consistent with the General
Plan and approval for this project will be void.
6. The Developer shall provide proof of payment of statutory school fees to mitigate
conditions of overcrowding as part of the building permit application. The amount
of these fees shall be determined by the fee schedule in effect at the time of
building permit application.
7. 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. All development within Zone 5 shall conform to the provisions of Section
21.90 of the Carlsbad Municipal Code and to the provisions and conditions
of this Local Facilities Management Plan
b. All development within Zone 5 shall be in conformance with Citywide
Facilities and Improvements Plan as adopted by City Council Resolution
8797.
General
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 residential housing 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.
Prior to the issuance of building permits, the 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 (PIP 95-11) 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
PIP 95-11 - P.E.D.I.
APRIL 10, 1996
PAGE 5
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.
10. The Developer shall comply with all applicable provisions of federal, state,
and local ordinances in effect at the time of building permit issuance.
Specific On-Site
11. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with
gates pursuant to City standards. 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.
12. No outdoor storage of material shall occur on-site unless required by the Fire
Chief. In such instance a storage plan will be submitted for approval by the Fire
Chief and the Planning Director.
13. The Developer shall prepare a detailed landscape and irrigation plan in
conformance with the approved Preliminary Landscape Plan and the City’s
Landscape Manual. The plans shall be submitted to and approval obtained from
the Planning Director prior to the approval of the final map, grading permit, or
building permit, whichever occurs first. The Developer shall construct and install
all landscaping as shown on the approved plans, and maintain all landscaping in
a healthy and thriving condition, free from weeds, trash and debris.
14. The first submittal of detailed landscape and irrigation plans shall be accompanied
by the project’s building, improvement and grading plans.
15. Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
e 5 ;,.L+ 16. Prior to the issuance of building permits the Developer shall prepare and record
3% a Notice that this property is subject to overflight, sight and sound of aircraft
I \f.’ , $,;? 1, operating from McClellan-Palomar Airport, in a form meeting the approval of the b i‘ Planning Director and the City Attorney (see Noise, Form #2 on file in the Planning Department).
17. If any of the foregoing 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
c
PIP 95-11 - P.E.D.I.
APRIL 10, 1996
PAGE 6
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 PIP 95-1 1.
18. Tables, benches and trash receptacles for the employee outdoor eating area
shall be in place prior to building occupancy. Table, bench and trash
receptacle design is subject to the Planning Director’s review and approval.
19. Outdoor placement or storage of equipment shall be adequately screened
from adjacent properties and public views by solid walls. Wall design shall
be compatible with the building facade and subject to the Planning Director’s
approval.
Landscape
20. All landscape and irrigation plans shall be prepared to conform with the
Landscape Manual and submitted per the landscape plan check procedures on
file in the Planning Department.
Signs
21. 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.
EnQineerinQ Conditions:
Fees / Agreements
22. Prior to issuance of a building permit for any buildable lot within the subdivision,
the property owner shall pay a one-time special development tax in accordance
with City Council Resolution No. 91-39.
23. The developer shall pay all current fees and deposits required.
Grading
24. Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the developer shall submit to and receive approval from the
City Engineer for the proposed haul route. The developer shall comply with all
,-
PIP 95-1 1 - P.E.D.I.
APRIL 10, 1996
PAGE 7
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
25. The developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide 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
approved by 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,
anti-freeze, 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.
Standard Code Reminders:
Fees
26. The Developer shall pay a landscape plan check and inspection fee as required
by Section 20.08.050 of the Carlsbad Municipal Code.
General
The project is subject to all applicable provisions of local ordinances including, but not
limited to, the following:
27. The 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 the Carlsbad Municipal Code and the City Engineer.
PIP 95-1 1 - P.E.D.I.
APRIL 10, 1996
PAGE 8
28.
29.
30.
31.
32.
33.
Prior to installation of the driveway apron on Loker Avenue, the applicant shall
obtain a right-of-way permit from the City of Carlsbad.
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.
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.
The project shall comply with the latest non-residential disabled access
requirements pursuant to Title 24 of the State Building Code.
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 the Planning and Building
Department.
Compact parking spaces shall be located in large groups, and in locations clearly
marked with pavement graphics or signs to the satisfaction of the Planning
Director.
If you have any questions, please call David Rick at (619) 438-1 161, extension 4328. gz+
Assistant Planning Director
GWDR:bk
c: Adrienne Landers Engineering Department Bobbie Hoder
Bob Wojcik Ken Quon Don Rideout Dqta Entry File Copy