HomeMy WebLinkAboutPIP 98-01; Palomar Crest Corporate Center; Planned Industrial Permit (PIP).
May 28, 1998
Jon Ohlson
Smith Consulting Architects
5355 Mira Sorrento Place, Suite 650
San Diego, CA 92121
SUBJECT: PIP 98-01 - PALOMAR CREST CORPORATE CENTER
The City has completed a review of the application for a Planned Industrial Permit for
development on Lot 22 of the Carlsbad Airport 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:
Findings:
1. The Planning Director of the City of Carlsbad has reviewed, analyzed and
considered the Negative Declaration (PIP 98-01), the environmental impacts
therein identified for this project and said 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 hereby APPROVES the
Negative Declaration.
2. The Planning Director finds that the project, as conditioned herein for an
industrialloffice building, is in conformance with the Elements of the City’s
General Plan, based on the following:
a. Land Use - The proposed office use is consistent with the uses
allowed by the PI (Planned Industrial) General Plan designation of
the subject property.
b. Circulation - The project is consistent with the City’s General Plan since
the proposed development is consistent with the land uses specified for
the site as indicated on the Land Use Element of the General Plan and
access is provided onto an existing public street.
c. Noise - The proposed development is subject to noise impacts from
overflight activities at McClellan-Palomar Airport and has been
conditioned to record a notice concerning aircraft noise.
2075 Las Palmas Dr. 0 Carlsbad, CA 92009-1576 (760) 438-1161 - FAX (760) 438-0894 @
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May 28, 1998
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d. Public Safety - The project has been reviewed by the City Engineering
Department for compliance with all City design standards and
requirements.
3.
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5.
6.
That 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 Chapter 21.34 of
the Carlsbad Municipal Code, in that all development standards regarding
building height, building setbacks, lot coverage and landscaping have
been met.
That the improvements indicated on the Planned Industrial Permit are located in
such a manner to be related to existing and proposed streets and highways, in
that access to the site is provided from an existing public street.
That 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 Chapter 21.34 of the Carlsbad
Municipal Code, in that all development standards regarding building
height, building setbacks, lot coverage and landscaping have been met.
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 the 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. Statutory School fees will be paid to ensure the availability of school
facilities in the Carlsbad Unified School District.
c. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or are required as
conditions of approval.
e. 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.
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7. This project has been conditioned to comply with any requirement approved as
part of the Local Facilities Management Plan for Zone 5.
8. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that, as conditioned, the
applicant shall record a notice concerning aircraft noise. 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 it is an industrial project within the 65
CNEL noise contour.
9. That the project is consistent with the City’s Landscape Manual, adopted by City
Council Resolution No. 90-384.
Conditions:
Planning:
1. The Planning Director does hereby approve the Planned Industrial Permit for
the industrial office project entitled “Palomar Crest Corporate Center”, dated
April 29, 1998, (Attachments “A” - “H” attached hereto and incorporated by this
reference), 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 Planned Industrial Permit documents, as necessary to
make them internally consistent and conform to Planning Director’s final action
on the project. Development shall occur substantially as shown on the approved
Exhibits. Any proposed development different from this approval, shall require
an amendment to this approval.
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 comply 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
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7.
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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 Planning Director. The Site Pian 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.
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
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.
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.
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.
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 property.
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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 industrial/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.
Prior to the issuance of the Planned Industrial Permit, 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 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.
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.
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20.
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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).
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.
Engineering:
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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.
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.
The developer shall pay all current fees and deposits required. The required
fees shall include, but not be limited to, the Local Drainage Area Fee, Sewer
Benefit Area Fee and the Bridge and Thoroughfare District Fee.
The developer shall provide for sight distance corridors at the driveway location
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on Loker Avenue West in accordance with Engineering Standards and shall
include the following 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 8.8.3. The underlying property owner shall maintain this
condition."
28. Prior to the issuance of a grading permit or building permit, whichever occurs
first, the developer shall submit proof that a Notice of Intention has been
submitted to the State Water Resources Control Board.
29. 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.
30. 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.
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31. 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.
Special Conditions:
All internal circulation lanes through the parking area shall be a minimum of 24 feet
wide. The loading dock area along the north side of the building shall have a
minimum clear distance of 32 feet.
The configuration of the entry driveway must be modified. According to Engineering
standards, the entry aisle widths must be between 14’ (minimum) and 20’
(maximum). The entry median standards are between 5’ (minimum) and 8’
(maximum).
The two parking stalls along the northwest area of the parking lot must be modified
to include a 5’ clear distance in both directions.
Fire:
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Prior to issuance of building permits, the Fire Department shall evaluate building
plans for conformance with applicable fire and life safety requirements of the
state and local Fire Codes.
Provide additional public fire hydrants at intervals of 300 feet along public street
and private driveways. Hydrants should be located at street intersections when
possible, but should be positioned no closer than I00 feet from terminus of a
street or driveway.
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’ unservic.eable due to
inclement weather or other reasons, he may, in the interest of public safety,
require that construction operations cease until the conditions is corrected,
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37. All required water mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
38. Prior to building occupancy, private roads and driveways which serve as required
access for emergency service vehicles shall be posted as fire lanes in
accordance with the requirements of section 17.04.020 of the Carlsbad Municipal
Code.
. .. 39. All buildings having an aggregate floor area in excess of 10,000 square feet
must be protected by automatic fire sprinkler systems. Plans and specifications
must be approved by the fire department, and a permit obtained prior to
installation.
Water District:
40. 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.
41. The developer shall provide detailed detailed information to the District Engineer
regarding water demand, irrigation demand, fire flow demand in. gallons per
minute, and projected sewer flow in million gallons per day.
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.
43. All district pipelines, pump stations, pressure reducing stations and
appurtenances required for this project by the District shall be within public right-
of -way or within easements granted to the District or the City of Carlsbad.
44. Sequentially, the developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection
requirements.
b. Prepare and submit a colored recycled water use area map and submit to
the Planning Department for processing and approval by the District
Engineer.
c. Prior to the preparation of sewer, water and reclaimed water improvement
plans, the Developer shall submit preliminary system layouts to the District
Engineer for review, comment and approval.
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The following note shall be placed on the final map. “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.’’
All potable water and recycled water meters shall be placed within public right of
way.
A public fire flow system shall be required for this industrial or commercial
development, and it shall be constructed as a looped pipeline system.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
1.
2.
3.
4.
5.
The Developer shall pay a landscape plan check and inspection fee as required
by Section 20.08.050 of the Carlsbad Municipal Code.
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 Community Development and
Planning.
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.
Exactions Notice
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.”
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You have 90 days from May 18, 1998 to protest imposition of these fees/exactions. 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
feedexactions 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 fees/exactions 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 Greg Fisher at (760) 438-1 161, extension 4328.
CITY OF CARLSBAD
Ass’ gAY- tant WAYNE Planning Director
GEW:GF:mh
C: Chris DeCerbo
Steven Jantz
Bobbie Hoder
. Data Entry
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