HomeMy WebLinkAboutPIP 97-11; Sea Lion Commerce Center; Planned Industrial Permit (PIP)- City of Carlsbad
PLANNED INDUSTRIAL PERMIT
March 19, 1998
Sandra Gramley
Smith Consulting Architects
5355 Mira Sorrento Place, Suite 650
San Diego, CA 92121
SUBJECT: PIP 97-1 1 - SEA LION COMMERCE
The City has completed a review of the application for a Planned Industrial Permit for
development on Lot 29 of the Carlsbad Oaks East Business Park.
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 Ctty
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 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.
2075 La Palmas Dr. * Carlsbad. CA 92009-1 576 (760) 438-1 161 - FAX (760) 438-0894 @
rc
PIP 97-1 1 - SEA LION COMMERCE
March 19, 1998
Paae 2
Conditions:
Planning:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Approval is granted for PIP 97-1 1 as shown on Exhibits “A-E”, dated October 14,
1997, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise 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.
The Developer shall comply with all applicable provisions of federal, state, and
local ordinances in effect at the time of building permit issuance.
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.
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.
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.
The Developer shall pay the public facilities fee adopted by the City Council on
Julv 28. 1987. (amended Julv 2. 1991) and as amended from time to time. and
PIP 97-1 1 - SEA LION COMMERCE
March 19, 1998
Pacle 3
IO.
11.
12.
13.
14.
15.
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 October 14, 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 Ctty is preparing a non-residential housing
impact fee (linkage fee) consistent with Program 4-.I 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.
c
PIP 97-1 1 - SEA LION COMMERCE
March 19, 1998
Page 4
h
16.
17.
18.
19.
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
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:
General
20.
21.
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.
c
PIP 97-1 1 - SEA LION COMMERCE
March 19, 1998
Paqe 5
FeedAqreements
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.
24. The owner of the subject property shall execute an agreement holding the City
harmless regarding drainage across the adjacent property.
25. Prior to approval of any grading or building permits for this project, the owner
shall give written consent to the annexation of the area shown within the
boundaries of the subdivision plan into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 on a form provided by the City.
Dedicationdlrnwovements
26. 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 property 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.
PIP 97-1 1 - SEA LION COMMERCE
March 19, 1998
Pase 6
Code Reminder
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 situation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer.
Water District:
Fire:
32.
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.
Prior to the issuance of building permits, complete building plans shall be
approved by the Fire Department.
,-
PIP 97-11 - SEA LION COMMERCE
March 19, 1998
Paae 7
33.
34.
35.
36.
37.
38.
39.
40.
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 to the following:
1
PIP 97-1 1 - SEA LION COMMERCE
March 19, 1998
Paae 8
41. 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.
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 March 19, 1998 to protest imposition of these feedexactions. 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
fees/exactions 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 Brian Hunter at (760) 438-1 161 , extension 4457.
CITY OF CARLSBAD
Assistant Planning Director
GRN:BH:mh
c: Clyde Wickham
Bobbie Hoder
Data Entry
File Copy