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HomeMy WebLinkAboutPIP 98-02A; Carlsbad World Communication Center; Planned Industrial Permit (PIP)City of Carlsbad PLANNED INDUSTRIAL PERMIT February 1 , 2000 Dan McRoskey Integrated Capital Enterprises, LLC 213 1 Palomar Airport Road, Ste. 300 Carlsbad, CA 92008 SUBJECT: PIP 98-02(A) - CARLSBAD WORLD COMMUNICATION CENTER The City has completed a review of the application for a Planned Industrial Permit Amendment for development located at the southeast comer of Palomar Airport Road and Yarrow Drive (APN 213-070-20, -21, & -22). 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 Chapter 21.34 of the Carlsbad Municipal Code, in that the proposed 70,775 square foot office building requires 34 parking spaces and 312 spaces are proposed; the proposed building does not exceed three levels; the required setbacks have been increased one horizontal foot for every foot of vertical construction beyond 35 feet; and the allowed height protrusions do not exceed 45 feet. 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 the access to the site is via an existing driveway entrance on Yarrow Drive and no additional access points are proposed or permitted on Palomar Airport Road. 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 Chapter 21.34 of the Carlsbad Municipal Code, in that the overall plan is comprehensive and provides for adequate open space, circulation, parking, and other pertinent amenities; the proposed development is compatible with existing and proposed surrounding land uses and with circulation patterns on adjoining properties; the internal street system is designed for the efficient and safe 1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 ~ ~~~ c PIP 98-02(A) - CARLSBW WORLD COMMUNICATION CENl J~R February 1,2000 flow of vehicles; the design of the building and environment is architecturally integrated and compatible with each other; screening of roof equipment and trash areas are architecturally compatible with the building design; and the building placement is designed to create opportunities for plazas and other landscaped open spaces within the project. 4. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15322 - In-Fill Development Projects of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 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 office 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 Local Facilities Management Plan for Zone 5 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. c- -4 PIP 98-02(A) - CARLSBN WORLD COMMUNICATION CEN’I‘ER February 1,2000 7. 8. 9. 10. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. D. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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. That this project could have a potentially significant negative cumulative traffic impact on the Palomar Airport Road/ 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. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. Approval is granted for PIP 98-02(A) as shown on Exhibits “A”-“J”, dated January 18, 2000 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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. ,- - PIP 98-02(A) - CARLSBU WORLD COMMUNICATION CENlER February 1,2000 4. If any of the following 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. 5. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the PIP 98-02(A) 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. 6. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 7. 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 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. 8. 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. 9. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the site plan reflecting the conditions approved by the final decision making body. 10. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). PIP 98-02(A) - CARLSBU WORLD COMMUNICATION CEN? ER February 1,2000 Page 5 11. 12. 13. 14. 15. 16. 17. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. 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. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 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. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Prior to the issuance of the building 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, notifylng 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 - -. PIP 98-02(A) - CARLSBxL, WORLD COMMUNICATION CENl BR February 1,2000 Page 6 18. 19. 20. 21. 22. 23. 24. 25. which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 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). The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. 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. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The Developer shall submit and obtain Planning Director approval of a uniform sign program for this development prior to occupancy of the building. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall construct, install and stripe not less than 284 parking spaces of the 312 spaces shown for the 70,775 square foot office project, as shown on Exhibit “B”. The Developer shall submit and obtain Planning Director approval of a uniform sign program for this development prior to occupancy of the building. The Developer shall pay his fair share for the “short-term improvements” to the El Camino Real / Palomar Airport Road intersection prior to the issuance of a grading permit. The amount shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increased or new Zone 5 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. EnPineerinP: General: 26. Prior to issuance of any building or grading permit, the Developer shall submit to and obtain approval from the City Engineer of an adjustment plat and certificate of compliance to adjust the existing lots as shown on the site plan. Existing Parcel “A” of PM 14115 shall be included as part of the adjustment plat for purposes of .- -. PIP 98-02(A) - CARLSBW WORLD COMMUNICATION CENTER February 1 , 2000 utilities, access, improvement and maintenance. 27. 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. 28. 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. Fees and Apreements: 29. The Developer shall pay all current fees and deposits required. 30. The Owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. 31. The Owner shall execute a hold harmless agreement for geologic failure. 32. The Owner shall reimburse the City Of Carlsbad for % the cost of median improvements along the frontage of this project. The amount of reimbursement has been calculated based upon the prorated construction costs of median improvements including landscape and irrigation. The cost is $23,105.63. 33. The Owner shall grant a covenant of easement for circulation, access, and parking, as shown on the site plan for this project. The easement shall be shown and the recording information called out on the building plans and on the grading plans. 34. 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. 35. The Developer shall install sight distance corridors at all driveway / street intersections in accordance with Engineering Standards and shall include provisions for maintenance in any CC&R's or Lease Agreements. The following statement shall be provided: "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." PIP 98-02(A) - CARLSBAL, WORLD COMMUNICATION CENTER February 1,2000 Page 8 36. 37. 38. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. (The Developer must submit to and receive approval from the City Engineer 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 occurs first, the Developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 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. Dedications / ImDrovements: 39. 40. 41. 42. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. Specifically, prior to the issuance of a grading permit or building permit the applicant shall submit to and receive approval from the City Engineer of a hydrology plan including necessary calculations to address the drainage inlet on Yarrow Drive and the storm drain system in Corte Del Cedro. The design of, and construction bonds for the improvements to these 2 systems must be submitted to and approved by the City Engineer prior to the issuance of a grading or building permit whichever occurs first. The Owner 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 free 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 frontage 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 - -. PIP 98-02(A) - CARLSBd WORLD COMMUNICATION CENl’ER February 1,2000 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. 43. 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 law, improvements shown on the site plan and the following improvements: A. ’ The improvements to the storm drain system in Corte Del Cedro and the proposed storm drain system in Yarrow Drive. Additional improvements may be required pending approved hydrology study. B. The construction and reconstruction of frontage improvements including but not limited to curb, gutter, sidewalk and driveway along Yarrow Drive. 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: 44. 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. 45. 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. 46. Sequentially, the developer’s Engineer shall do the following: - rr PIP 98-02(A) - CARLSBd WORLD COMMUNICATION CEN’1’E.R February 1 , 2000 47. 48. 49. 50. 51. Fees 52. 53. 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. The Developer’s Engineer shall prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District. 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). 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 and appurtenances required for this project by the District shall be within public right-of-way or within 20’ wide easements granted to the District or the City of Carlsbad. The easements should be shown on the site plan and identified on the tentative map. Easements dedicated to the District for water line purposes shall be dedicated by separate document. 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. STANDARD CODE REMINDERS The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. rc.- h PIP 98-02(A) - CARLSBh WORLD COMMUNICATION CENT ER February 1,2000 Page 11 54. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General 55. 56. 57. 58. 59. 60. 61. 62. 63. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 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. Addresses, approved by the Building Official, 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, as required by Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and the approved sign program and shall require a permit that is reviewed and approved by the Planning Director prior to installation of such signs. 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. Any access controls or other security devices planned for the building must comply with the egress requirements of the Uniform Building Code. Plans for these systems must be reviewed and approved by the Building and Fire Departments prior to installation. Minimum water availability required for fire protection purposes (Fire flow), is 3,500 gallons per minute, and may be delivered from two fire hydrants. 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.” _- " PIP 98-02(A) - CARLSBALl WORLD COM"JICATI0N CENTER February 1,2000 You have 90 days from date of final approval 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 Barbara Kennedy at (760) 602-4626. CITY OEGARLSBAD Assistat Planning Director GEW:BK:cs:mh C: Chris DeCerbo Clyde Wickham Bobbie Hoder Cynthia Haas Data Entry File Copy