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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 @ ,- PIP 98-01 - Palomar Cres, orporate Center May 28, 1998 Paqe 2 d. Public Safety - The project has been reviewed by the City Engineering Department for compliance with all City design standards and requirements. 3. 4. 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. ,? PIP 98-01 - Paloma, ,rest Corporate Center May 28, 1998 Paqe 3 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 “ PIP 98-01 - Palomar Cres. ,orPorate Center May 28, 1998 Paae 4 7. 8. 9. 10. 11. 12. 13. 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. - PIP 98-01 - Palomar ,rest Corporate Center May 28, 1998 Paqe 5 14. 15. 16. 17. 18. 19. 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. -. PIP 98-01 - Palomar Cres. ,orPorate Center May 28, 1998 Paae 6 20. 21. 22. 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: 23. 24. 25. 26. 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 ,- PIP 98-01 - Paloma, ,rest Corporate Center May 28, 1998 Pacae 7 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. - PIP 98-01 - Palomar Cres dorporate Center May 28, 1998 Paqe 8 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: 32. 33. 34. 35. 36. 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, . c. PIP 98-01 - Palomar ,*est Corporate Center May 28, 1998 Pase 9 E 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. c PIP 98-01 - Palomar Cres ,orporate Center May 28, 1998 Pane 10 .-. 45. 46. 47. 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.” f- ,- PIP 98-01 - Palomal rest Corporate Center May 28, 1998 Page 11 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 File Copy/