HomeMy WebLinkAboutPIP 98-02; Carlsbad Corporate Plaza; Planned Industrial Permit (PIP)- City of Carlsbad
PLANNED INDUSTRIAL PERMIT
April 8,1999
Jack McRoskey
Integrated Capital Enterprises, LLC
21 1 1 Palomar Airport Road, Suite 320
Carlsbad, CA 92009
SUBJECT: PIP 98-02 - CARLSBAD CORPORATE PLAZA
The City has completed a review of the application for a Planned Industrial Permit for
development located at the southeast comer of Palomar Airport Road and Yarrow Drive.
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:
Findinps:
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 in that all development standards
regarding building height, setbacks, lot coverage, and landscaping have been met.
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, in that access to the
site is provided from existing streets.
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, in that all development standards regarding building
height.
2075 La Palmas Dr. * Carlsbad, CA 92009-1576 (760) 438-1 161 * FAX (760) 438-0894 @
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e PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 2
4. The Negative Declaration reflects the independent judgment of the Planning Director of
the City of Carlsbad.
5. The Planning Director finds that the project, as conditioned herein for approval, is in
conformance with the Elements of the City’s General Plan, based on the following:
a. Land Use -The proposed professional oEce development is consistent with the uses
allowed within the Planned Industrial Land Use Designation.
b. Circulation - Adequate circulation is provided through the existing public streets.
c. Noise - The project is required to maintain conformance with the noise criteria as
established within the regulation of Chapter 21.34 of the Carlsbad Municipal Code.
d. Housing - That the project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned
to pay an inclusionary housing fee if one is adopted.
e. Public Safety - The project is not located within any flood plain or
geologically/seismically unstable area.
f. Parks and Recreation - The project is consistent with the Parks and Recreation
Element of the General Plan and is required to pay Park-in-Lieu fees as established
within the Zone 5 Local Facilities Management Plan.
6. 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.
,-
PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 3
7.
8.
9.
10.
11.
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.
The project has been conditioned to pay any increase in Public Facility Fees, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 5.
The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that the applicant shall record a notice
concerning aircraft noise.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
That this project could have a potentially significant negative cumulative traffic impact
on the Palomar Airport/El Camino Real intersection. However, this project has been
conditioned to pay its fair share of the “short-term improvements” thereby, guaranteeing
implementation of a mitigation measure that reduces the potential impact to a level of
insignificance.
Conditions:
Planning:
1. Approval is granted for PIP 98-04 as shown on Exhibits “A-H‘, dated, February 6, 1998,
on file in the Planning Department and incorporated herein by reference. Development
shall occur substantially as shown unless otherwise noted in these conditions.
2. 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 in conformity with the 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.
3. The project shall comply will 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, including, but not limited to the
following:
PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 4
4.
5.
6.
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a. All development within Zone 5 shall pay the required Carlsbad Municipal Water
District fees.
b. The developer shall pay a Park-in-lieu fee of $SO per square foot of non-residential
floor area which will be collected at the time of building permit issuance.
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 reasonable 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 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 February 6, 1998, a copy of which is on file with the City Clerk and
PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 5
12.
13.
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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.
Prior to the issuance of a building permit Developer shall provide proof to the Director
fkom the School District that this project has satisfied its obligation to provide school
facilities.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shalI be approved by the
Planning Director. Enclosure shall be of similar colors andor 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
hrther 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 andor
resolution, then the Developer, or hisherheir 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.
PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 6
19.
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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).
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, notifjmg all interested parties and successors in
interest that the City of Carlsbad has issued a(n) 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.
Developer shall pay its fair share for the “shod-term improvements” to the El Camino
Reamalomar Airport Road intersection prior to building permit. The amount shall be
determined by the methodology ultimately selected by Council, including, but not limited
to, increase in the City-wide TIF; and increased or new Zone 5 LFMP fee; creation of a
fee or assessment district, incorporation into a Mello-Roos taxing district.
Engineering:
24. Prior to issuance of any building or grading permit, the developer shall submit and
obtain approval of an adjustment plat and certificate of compliance to adjust the
existing lots as shown on the site plan. Existing Parcel bbA” of PM 14115 shall be
included as part of the adjustment plat for purposes of utilities, access,
improvements and maintenance.
25. Prior to issuance of any building permit, the owner shall reimburse the City of
Carlsbad for half the cost of median improvements along the Palomar Airport Road
frontage of this project. The amount of reimbursement has been calculated based
PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 7
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upon the prorated construction costs of median improvements including landscape
and irrigation. The cost is $23,105.63.
The owner shall grant a covenant of easement for circulation, access, parking, utilities,
and drainage facilities as shown on the site plan of record for this project.
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 formally established by the City.
The developer shall provide an acceptable means for maintaining the private easements
within the project and all the private streets, sidewalks, street lights, storm drain
facilities, and sewer facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
project. Adequate provision for such maintenance shall be included with the CC&Rs
subject to the approval of the City Engineer.
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 fkom 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 install sight distance corridors at all driveway/street intersections in
accordance with Engineering Standards and shall include provisions for maintenance
and notice in any CC&Rs or Lease Agreements of the following statement: “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 developer shall pay all current fees and deposits required.
The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
The owner shall execute a hold harmless agreement for geologic failure.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit is 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.
Prior to the issuance of a grading permit or building permit, whichever OCCLUS first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
Water Resources Control Board.
PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 8
36.
37.
38.
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40.
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
in-stalled prior to or concurrent with any grading or building pemit as may be required
by the City Engineer. Specifically, the drainage inlet on Yarrow Drive shall be
reconstructed as required by the City Engineer.
The owners shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the site plan. The offer shall be
made prior to issuance of any building permit for this project. All land so offered shall be
granted to the City fiee and clear of all liens and encumbrances and without cost to the
City. Streets that are already public are not required to be rededicated.
Direct access rights for the project fiontage with Palomar Airport Road shall be waived
by separate deed document prior to building permit issuance. The specific point of
access shown on the approved site plan is an exception to this condition.
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, antifieeze,
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 ~lanning anv changes to the landscauing and surface imurovements.
. PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 9
40. Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer shall install, or agree to install and secure with appropriate security as provided
by the law, improvements shown on the site plan and the following improvements:
A. The proposed storm system within the public right of way of Corte Del Cedro
and the proposed curb outlet systems in Yarrow Drive.
B. The widening of the existing storm drain inlet at the intersection of Yarrow
Drive and Corte de la Pina (or additional drainage inlets) to serve this project.
C. The construction and reconstruction of frontage improvements including but not
limited to sidewalk and driveway along Yarrow Drive.
The developer may arrange for the awarded contractor of City Project #3286 to include
these improvements (item #3 above) as a separate cost to be paid directly by the
developer and associated with improvement of City Project #3286. The agreement for
construction of the sidewalk and driveway and the payment of work is the sole
responsibility of the developer and the contractor. When completed a copy of the
contract shall be submitted to the City for this project file. When paid, proof of payment
shall also be submitted for this project file.
Improvements listed above shall be constructed within 18 months of approval of the
secured improvement agreement or such other time as provided in said agreement.
WATER DISTRICT:
41. 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.
42. The developer shall be responsible for all fees, deposits and charges which will be
collected before andor 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.
43. 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.
PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 10
44.
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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.
The Developer shall provide 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.
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.
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 District serving the development has adequate water and
sewer capacity available at the time development is to occur, and that such water and
sewer capacity 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.
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.
An approved automatic fire sprinkler system shall be installed in buildings having an
aggregate floor area exceeding 10,000 square feet.
t
PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
54. 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:
me project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
55. 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.
PIP 98-02 - CARLSBAD CORPORATE PLAZA
APRIL 8,1999
PAGE 12
NOTICE
You have 90 days from the date of approval of this permit 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 feedexactions
DOES NOT APPLY to water and sewer connection fees ind 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 ths, or as to which the statute of limitations has previously otherwise
expired.
CITY OF CARLSBAD
GARY E. WAYNE
Assistant Planning Director
GEW:BH:mh:eh
c: Clyde Wickham
Bobbie Hoder
Cynthia Haas
Data Entry
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