HomeMy WebLinkAboutPIP 96-02; Air Products & Chemicals; Planned Industrial Permit (PIP)June 14, 1996
Larry Thurner
Air Products and Chemicals
1969 Palomar Oaks Way
Carlsbad, CA 92008
SUBJECT: P1-P 96002 AIR PRODUCTS AND CHEMICALS
The City has completed a review of the application for a Planned Industrial Permit for
development located at 1969 Palomar Oaks Way.
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 96-02 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.
2. The improvements indicated on the Planned Industrial Permit 96-02 located in
such a manner to be related to existing and proposed streets and highways.
3. The improvements as shown on the Planned Industrial Permit 96-02 consistent
with the intent and purpose of this zone and all adopted development, desigri
and performance standards as set forth in this chapter.
4. 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 Part II 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 Mitigated Negative Declaration.
5. The Planning Director finds that the project, as conditioned herein for PIP 96-02,
is in conformance with the Elements of City's General Plan, since the proposed
development and land use is consistent with the zoning and general plan land
use designation of the underlying property.
2075 Las Palmas Dr. Carlsbad, CA 92009-1576 0 (619) 438-1161 FAX (61 9) 438-0894 @
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PIP 96-02 AIR PRODUCTS AND CHEMICALS
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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
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.
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.
This project has been conditioned to comply with any requirement approved as
part of the Local Facilities Management Plan for Zone 5.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994. The project is compatible with the
projected noise levels of the CLUP; and, based on the noiselland 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.
That the project is consistent with the City's Landscape Manual, adopted by City
Council Resolution No. 90-384.
PIP 96-02 AIR PRODUC-i AND CHEMICALS
June 14, 1996
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11. The project is consistent with all regulations imposed by Planned Unit
Development 22(A).
Conditions:
1. Approval is granted for PIP 96-02 as shown on Exhibits "A-E", dated June 10,
1996, on file in the Planning Department and incorporated herein be reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. The Planning Director does hereby APPROVE the Planned Industrial Permit
for the PIP 96-02 project entitled "Air Products and Chemicals." (Exhibit "A-E" on
file in the Planning Department and incorporated by this reference, dated April
1 I, 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 96-02 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.
Map and Exhibits
3. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of
the Site Plan as approved by the final decision making body. The Site Plan
shall reflect the conditions of approval by the City. The Plan copy shall be
submitted to the City Engineer and approved prior to building, grading, final map,
or improvement plan submittal, whichever occurs first.
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4. 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 36" blueline
drawing. Said blueline drawing(s) shall also include a copy of any applicable
Coastal Development Permit and signed approved site plan.
Facilities & Sewices
5. 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.
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PIP 96-02 AIR PRODUCTS AND CHEMICALS
June 14, 1996
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6. 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 management system or Facilities and Improvement Plan and to fulfill the
subdivider's agreement to pay the public facilities fee dated February 17, 1996, 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.
7. 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.
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. 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
9. 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.
10. 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
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PIP 96-02 AIR PRODUCTS AND CHEMICALS
June 14,1996
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Permit (PIP 96-02) 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.
11. 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
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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.
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.
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 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 96-02.
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.
Prior to the issuance of building permits, building plans shall be submitted which
indicate compliance with the following measures:
a. Addition of an industrial acoustics type 7L silencer to the Greenheck
exhaust fan on srcubber FS-4; and
PIP 96-02 AIR PRODUCTS AND CHEMICALS
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b. Construction of an Empire Acoustical Systems sound barrier screen wall
around the outdoor mechanical equipment area.
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Prior to the certificate of occupancy, the applicant shall submit a final noise
survey by Martin Newsome & Associates to demonstrate compliance with the
proposed mitigation measure and a resultant noise level of 60 dBA or less.
The applicant shall not install additional outdoor mechanical equipment within the
proposed outdoor mechanical equipment areas unless an additional noise
survey is submitted to the Planning Director indicating that the new equipment
would maintain compliance with the 60dBa noise requirements.
Signs
19. 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.
Enaineerina Conditions:
Fees / Agreements
20. The developer shall pay all current fees and deposits required.
Grading
21. 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 conditions and requirements the City Engineer may impose
with regards to the hauling operation.
22. 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.
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June 14,1996
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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:
General
The project is subject to all applicable provisions of local ordinances including, but not
limited to, the following:
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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.
All uses established in this structure shall be consistent with Section 21.34.020
(Permitted Uses).
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PIP 96-02 AIR PRODUCTS AND CHEMICALS
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CITY DF CARLSBAD &* GA Y E.W YNE
Assistant Planning Director
C: Bobbie Hoder
Bob Wojcik
Ken Quon
Don Rideout
Data Entry
File Copy