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HomeMy WebLinkAboutPIP 97-09; Asymtek Carlsbad Oaks Lot 19; Planned Industrial Permit (PIP)January 5, 1998 Hamann Construction 475 W. Bradley Avenue El Cajon, CA.. 92020 SUBJECT: PIP 97-09 - ASYMTEK The City has completed a review of the application for a Planned Industrial Permit for development on Lot 19 of the Carlsbad Oaks Business Center. 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: Findinqs: 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 OR 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. Conditions: Planning: 1. Approval is granted for PIP 97-09 as shown on Exhibits “A-F, dated September 23, 1997, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2075 Las Palmas Dr. Carlsbad, CA 92009-1576 - (619) 438-1161 * FAX (619) 438-0894 @ PIP 97-09 - ASYMTEK January 5,1998 Paae 2 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 compiy with all applicable City ordinan,ces 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 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 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. IO. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The PIP 97-09 - ASYMTEK January 5, 1998 Pane 3 11. 12. 13. 14. 15. 16. 17. 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 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. 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 PIP 97-09 - ASYMTEK January 5, 1998 Paae 4 18. 19. 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. The owner shall record a deed restriction on the property prior to the issuance of building permits indicating that manufacturing and warehouse standards have been used in the determination of adequacy of parking, these uses will be retained, and no other uses or combination of uses creating a need for additional parking will be permitted unless .more . parking is provided to meet City standards on a cumulative basis. 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). Engineering: 20. 21. 22. 23. 24. 25. The developer shall provide for sight distance corridors at the drivewayktreet intersection in accordance with Engineering Standards and shall include provisions in any CC&R's or Lease Agreements. "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." The owner shall grant a covenant of easement or submit proof of an existing agreement for reciprocal access to and from the southerly driveway as shown on. the Site Plan. The covenant of easement shall be processed along with the building plans and approved prior to issuance of building permit. 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. The developer shall pay all current fees and deposits required. 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. Based upon a review of the proposed grading and the existing graded pad shown on the site plan, a separate grading permit for this project is not required. PIP 97-09 - ASYMTEK January 5, 1998 Page 5 26. 27. 28. 29. 30. The developer shall process a site grading plan with the building plans for this site. 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. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. 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, 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. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 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. 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. Water District: PIP 97-09 - ASYMTEK January 5, 1998 Page 6 31 32. 33. 34. 35. 36. 37. Fire: 30. 39. 40. 41. 42. 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: Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrigational needs from appropriate parties. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. 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. 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. PIP 97-09 - ASYMTEK January 5, 1998 Paae 7 43. 44. 45. 46. 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 to the following: 47. 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 Brian Hunter at (760) 438-1 161, extension 4457. CITY OF CARLSBAD GARY,& WAYNE 1 Assistant Planning Director GEW:BH:kc c: Clyde Wickham Bobbie Hoder Data Entry File Copy