HomeMy WebLinkAboutPIP 98-04; Carlsbad Airport Center Lot 1; Admin Decision LetterPLANNED INDUSTRIAL PERMIT
October 16, 1998
Don Schucard
Schucard and Associates, Inc.
6498 Weathers Place, Suite 200
San Diego, CA 92121-3915
SUBJECT: PIP 98-04 - CARLSBAD AIRPORT CENTER LOT 1
The City has completed a review of the application for a Planned Industrial Permit for
development on Lot 1 of the Carlsbad Airport Center Park.
It is the Planning Director's determination that the project is consistent with the City's Planned
Industrial Zone regulations (Chapter 21.34) and with all other applicable City ordinances and
policies. The Planning Director, therefore, APPROVES this request based on the following:
Findinns:
1. The site indicated by the Planned Industrial Permit is adequate in size and shape to
accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required by this chapter.
2. The improvements indicated on the Planned Industrial Permit are located in such a
manner to be related to existing and proposed streets and highways.
3. The improvements as shown on the Planned Industrial Permit are consistent with the
intent and purpose of this zone and all adopted development, design and performance
standards as set forth in this chapter.
4. The Planning Director of the City of Carlsbad has reviewed, analyzed and considered
the Negative Declaration, the environmental impacts therein identified for this project
and any comments thereon prior to APPROVING the project. Based on the EIA Part II
and comments thereon, the Planning Director finds that there is no substantial
evidence the project will have a significant effect on the environment and thereby
APPROVES the Negative Declaration.
Conditions:
Planning:
1. Approval is granted for PIP 98-04 as shown on Exhibits "A-G", dated July 15, 1998, on
file in the Planning Department and incorporated herein by reference. Development
shall occur substantially as shown unless otherwise noted in these conditions.
2075 Las Palmas Dr. 0 Carlsbad, CA 92009-1576 (760) 438-1161 0 FAX (760) 438-0894 @
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PIP 98-04 - CARLSBAD AIRPORT CENTER LOT 1
October 16, 1998
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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 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.
7. 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.
8. 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.
9. 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 13, 1998, 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.
10. 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.
11. 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.
PIP 98-04 - CARLSBAD AIRPORT CENTER LOT 1
October 16, 1998
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12.
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19.
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
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 office
project are challenged this approval shall be suspended as provided in Government
Code Section 66020. If any such condition is determined to be invalid this approval
shall be invalid unless the City Council determines that the project without the condition
complies with all requirements of law.
The Developer shall prepare a detailed landscape and irrigation plan in conformance
with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The
plans shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans,
and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
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 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, notifying all interested parties and successors in interest that
the City of Carlsbad has issued a Planned Industrial Permit (PIP 98-04) on the real
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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.
Engineering:
20.
21.
22.
23.
24.
25.
26.
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 treatment if and when such a
program is formerly established by the City.
Prior to hauling dirt or construction materials to or from any proposal 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 owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
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.
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 esta.blish 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,
anitfreeze, solvents, paints 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
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PIP 98-04 - CARLSBAD AIRPORT CENTER LOT 1
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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.
27. 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
28. Prior to the issuance of a building permit, the applicant must show to the City
Engineer proof of an executed agreement with San Diego Gas and Electric
Company for the use of the area within the existing 200’ utility easement.
29. Prior to the issuance of a building permit, the applicant must receive approval
from the City Engineer and record a lot line adjustment between Lots 1 and 10
(Adjustment No 534).
30. Prior to the issuance of occupancy, the developer shall install adequate sight
distance corridors at the driveway access locations to Owens Avenue in
accordance with Engineering Standards. The sight lines shall be shown on the
final site plan.
31. Prior to the issuance of occupancy, the developer shall remove and replace the
existing driveway access to Lot IO. The relocated driveway apron shall be
constructed to 30 feet width.
32. The existing water service and water meters at the proposed westerly driveway
apron must be relocated in accordance with Engineering Standards.
Water District:
33. 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.
34. 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.
35. Sequentially, the developer’s Engineer shall do the following:
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PIP 98-04 - CARLSBAD AIRPORT CENTER LOT 1
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a) Meet with the City Fire Marshal and establish the fire protection requirements.
Also obtain GPM demand for domestic and irrigation needs from appropriate
parties.
b) Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
c) Prior to the preparation of sewer, water and reclaimed water improvement plans,
a meeting must be scheduled with the District Engineer for review, comment and
approval of the preliminary system layouts and usages (i.e. - GPM - EDU).
36.
Fire:
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45.
This project is approved upon the expressed condition that building permits will not be
issued for development of the subject property unless the water district serving the
development determines that adequate water service and sewer facilities are available
at the time of application for such water service and sewer permits will continue to be
available until time of occupancy.
Prior to the issuance of building permits, complete building plans shall be approved by
the Fire Department.
Additional on-site public water mains and fire hydrants are required.
Applicant shall submit a site plan. to the Fire Department for approval, which depicts
location of required, proposed and existing public water mains and fire hydrants. The
plan should include off-site fire hydrants within 200 feet of the project.
Applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency service vehicles shall
be provided and maintained during construction. When in the opinion of the Fire Chief,
the access road has become unserviceable due to inclement weather or other reasons,
he may, in the interest of public safety, require that construction operations cease until
the condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operational before
combustible building materials are located on the construction site.
Plans andior specifications for fire alarm systems, fire hydrants, automatic fire sprinkler
systems and other fire protection systems shall be submitted to the Fire Department for
approval prior to construction.
An approved automatic fire sprinkler system shall be installed in buildings having an
aggregate floor area exceeding 10,000 square feet.
If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
PIP 98-04 - CARLSBAD AIRPORT CENTER LOT I
October 16, 1998
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future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval
of this Planned Industrial Permit.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
46. 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.
47. The Developer shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from October 16, 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 fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any 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.
PIP 98-04 - CARLSBAD AIRPORT CENTER LOT 1
October 16, 1998
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If you have any questions, please call Brian Hunter at (760) 438-1 161, extension 4457.
GEW:BH:mh
C: Steve Jantz
Bobbie Hoder
Data Entry
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