HomeMy WebLinkAboutPIP 97-04; Cornerstone Corporate Centre; Admin Decision LetterPLANNED INDUSTRIAL PERMIT
October 14, 1997
John Couvillion
Newport National Corporation
5050 Avenida Encinas Suite 350
Carlsbad, CA. 92008
SUBJECT: PIP 97-04 - CORNERSTONE CORPORATE CENTRE
The City has completed a review of the application for a Planned Industrial Permit for
development located within the Carlsbad Airport Centre, lots numbers 7, 8, and I1 .
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:
Findinas:
1. 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.
2. The improvements indicated on the Planned Industrial Permit are 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 are consistent with
the intent and purpose of this zone and all adopted development, design and
performance standards as set forth in this chapter.
4. The Planning Director of ‘the City of Carlsbad has reviewed, analyzed and
considered the Negative Declaration, 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 Negative Declaration.
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2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-11 61 - FAX (760) 438-0894 @
PIP 97-04 - CORNERSTONE CORPORATE CENTRE
” ” ” - October 14, 1997
Conditions:
Planning:
1. Approval is granted for PIP 97-04 as shown on Exhibits “A-Q“, dated October IO,
1997, 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. All roof appurtenances shall be shielded from view and architecturally integrated
with the building design.
4. Unless otherwise stated, this industrial project shall cbmply with all applicable
City ordinances and requirements.
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. 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, (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.
7. 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 Site Plan copy shall be
submitted to the Planning Director and approved prior to building, grading, final
map, or improvement plan submittal, whichever occurs first.
8. 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.
9. 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
PIP 97-04 - CORNERSTONE CORPORATE CENTRE a_ ” . ._ October 14, 1997
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of the Carisbad 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 April 18, 1997, 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.
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.
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.
An exterior lighting plan including parking areas shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
No outdoor storage of materials shall occur onsite 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.
The Developer shall submit and obtain Planning Director approval of a uniform
sign program for this development prior to occupancy of any building.
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.
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 office project are challenged this approval shall be suspended as
PIP 97-04 - CORNERSTONE CORPORATE CENTRE ._ ” October 14, 1997
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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.
17. 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 building occupancy. Prior to
building occupancy 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 Citv. 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.
b) Failure of Association to Maintain Common Area Lots and Easements. In
the event that the Association fails to maintain the “Common Area Lots
and/or the Association’s Easements” as provided in Article 1
Section the City shall have the right, but not the duty, to perform
the necessary maintenance. If the City elects to perform such
maintenance, the City shall give written notice to the Association, with a
copy thereof to the Owners in the Project, setting forth with particularity
the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days
from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or
Association’s Easements within the period specified by the City’s notice,
the City shall be entitled to cause such work to be completed and shall be
entitled to reimbursement with respect thereto from the Owners as
provided herein.
c) Special Assessments Levied bv the Citv. In the event the City has
performed the necessary maintenance to either Common Area Lots
and/or Association’s Easements, the City shall submit a written invoice to
the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association’s Easements.
The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such
invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this
Section. Said invoice shall be due and payable by the Association within
twenty (20) days of receipt by the Association. If the Association shall fail
to pay such invoice in full within the period specified, payment shall be
deemed delinquent and shall be subject to a late charge in an amount
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*_ " PIP 97-04 - CORNERSTONE CORPORATE . " CENTRE
October 14, 1997
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equal to six percent (6%) of the amount of th
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e invoice. Th ereafter the City
may pursue collection from the Association by means of any remedies
available at law or in equity. Without limiting the generality of the
foregoing, in addition to all other rights and remedies available to the City,
the City may levy a special assessment against the Owners of each Lot in
the Project for an equal prorata share of the invoice, plus the late charge.
Such special assessment shall constitute a charge on the land and shall
be a continuing lien upon each Lot against which the special assessment
is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their
respective Lot and to bring all legal actions and/or to pursue lien
foreclosure procedures against any Owner and hidher respective Lot for
purposes of collecting such special assessment in accordance with the
procedures set forth in Article of this Declaration.
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.
Prior to the issuance of building permits, the Developer shall prepare and record
a Notice that this property is subject to overflight, sight and sound of aircraft
operating from McClellan-Palomar Airport, in a form meeting the approval of the
Planning Director and the City Attorney (see Noise Form #2 on file in the
Planning Department).
PIP 97-04 is approved only in conjuction with the approval and implementation of
PUD 97-1 O/HDP 97-07.
Engineering:
21.
22.
23.
Prior to issuance of any building permit, the developer shall comply with the
requirements of the City's anti-graffiti program for wall treatments if and when
such a program is formerly established by the City.
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.
Prior to issuance of building permit, the property owner shall pay a one-time
special development tax in accordance with City Council Resolution No. 91-39.
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October 14, 1997
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24.
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The developer shall pay all current fees and deposits required.
Based upon a review of the proposed grading and the grading quantities shown
on the site plan, a grading permit for this project appears to be required. The
developer must submit and receive approval for grading plans in accordance
with City codes and standards prior to issuance of a building permit for the
project.
No grading for private improvements shall occur outside the limits of the project
unless a grading or slope easement or agreement is obtained from the 'owners
of the affected properties and recorded. If the developer is unable to obtain the
grading or slope easement, or agreement, no grading permit will be issued. In
that case the developer must either amend the site plan or modify the plans so
grading will not occur outside the project site in a manner which substantially
conforms to the approved site plan as determined by the City Engineer and
Planning Director.
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:
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.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, 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.
Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Prior to issuance of building permit, the developer shall file and receive
approval of a boundary adjustment application with the City to adjust the
lot lines as shown on the site plan.
PIP 97-04 - CORNERSTONE CORPORATE CENTRE e- - " October 14, 1997
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Prior to issuance of building permit, the applicant shall obtain a City right-
of-way permit for installation of sidewalk on Wright Place fronting the
project. Sidewalk improvements shall be in accordance with City
standards.
Prior to issuance of building permit, the applicant shall provide
documentation to the satisfaction of the City Engineer of a reciprocal
easement or covenant of easement between Lot 8 and Lot 11 for ingress,
egress, circulation, and drainage, including provisions for maintenance
and liability.
The structural section for the access aisles must be designed with a traffic index
of 5.0 in accordance with City Standards due to truck access through the parking
area and/or aisles with an ADT greater than 500. The structural pavement design
of the aisle ways shall be submitted together with required R-value soil test
information and approved by the City as part of the building site plan review.
Water District:
35.
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The entire potable water system, reclaimed water system and sewer system
shall be evaluated in detail to insure that adequate capacity, pressure and flow
demands can be met.
The developer shall be responsible for all fees, deposits and charges which will
be collected before and/or at the time of issuance of the building permit. The
San Diego County Water Authority capacity charge will be collected at issuance
of application for meter installation.
Sequentially, the developer's Engineer shall do the following:
a) Meet with the City Fire Marshal and establish the fire protection
requirements. Also obtain GPM demand for domestic and irrigational
needs from appropriate parties.
b) Prepare a colored reclaimed water use area map and submit to the
Planning Department for processing and approval.
c) Prior to the preparation of sewer, water and reclaimed water improvement
plans, a meeting must be scheduled with the District Engineer for review,
comment and approval of the preliminary system layouts and usages (i.e. - GPM - EDU).
This project is approved upon the expressed condition that building permits will
not be issued for development of the subject property unless the water district
serving the development determines that adequate water service and sewer
facilities are available at the time of application for such water service and sewer
permits will continue to be available until time of occupancy.
PIP 97-04 - CORNERSTONE CORPORATE CENTRE - I- " - October 14, 1997 .. -
Fire:
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Prior to the issuance of building permits, complete building plans shall be
approved by the Fire Department.
Additional on-site public water mains and fire hydrants are required.
Applicant shall submit a site plan to the Fire Department for approval, which
depicts location of required, proposed and existing public water mains and fire
hydrants. The plan should include off-site fire hydrants within 200 feet of the
project.
Applicant shall submit a site plan depicting emergency access routes, driveways
and traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency service
vehicles shall be provided and maintained during construction. When in the
opinion of the Fire Chief, the access road has become unserviceable due to
inclement weather or other reasons, he may, in the interest of public safety,
require that construction operations cease until the condition is corrected.
All required water mains; fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
sprinkler systems and other fire protection systems shall be submitted to the Fire
Department for approval prior to construction.
An approved automatic fire sprinkler system shall be installed in buildings having
an aggregate floor area exceeding 10,000 square feet.
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 Planned Industrial Permit.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not
limited to4he following:
1 ,c.
I
PIP 97-04 - CORNERSTONE CORPORATE CENTRE c- " October 14, 1997 " -
48. 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.
If you have any questions, please call Christer Westman at (760) 438-1 161, extension
4448. ..
CITY OA CARLSBAD n &/I Y .WAYNE
Assistdnt Planning Director
GEW:CW:kr
C: Ken Quon
Bobbie Hoder
Cynthia Haas
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