HomeMy WebLinkAboutPIP 98-05; Cornerstone Corporate Center; Planned Industrial Permit (PIP)PLANNED INDUSTRIAL PERMIT
July 30, 1998
John Couvillion
Prentice Properties
Suite 350
5050 Avenida Encinas
Carlsbad CA 92008
SUBJECT: PIP 98-05 - CORNERSTONE CORPORATE CENTRE
The City has completed a review of the application for a Planned Industrial Permit for
development on lot 15 of Carlsbad Tract 8 1-46, within the Carlsbad Airport Centre.
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:
Findinm:
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 public 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, setbacks, lot coverage and landscaping have been met.
4. The Planning Director has found that based on the EIA Part 11, this subsequent project
was described in MEIR 93-01 as within its scope; and there will be no additional
significant effect, not analyzed therein; and that no new or additional mitigation measures
or alternatives are required; and that therefore this subsequent project is within the scope
of the prior EIR; and no new environmental document nor Public Resource Code 21081
findings are required.
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-11 61 FAX (760) 438-0894 @
PIP 98-05 - CORNERSTONE CORPORATE CENTER
July 30, 1998
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 regulations of the Specific Plan 18 1 (A).
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. Open Space and Conservation - The development is preserving a portion of the lot
as established with the original open space easement recorded with the original
development.
f. Public Safety - The project is not located on any flood plain, geologic or near any
seismic sensitive areas.
g. Parks and Recreation - The project is consistent with the Parks and Recreation
Element of the General Plan and required to pay Park-in-lieu fees as established
within the 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. All necessary public improvements have been provided or are required as
conditions of approval.
d. 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
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PIP 98-05 - CORNERSTONE CORPORATE CENTER
July 30, 1998
Page 3
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
e. Park-in-lieu fees are required as a condition of approval.
7. The project has been conditioned to pay any increase in public facility fee, 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.
8. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 5.
9. 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.
Conditions:
1.
2.
3.
4.
5.
6.
7.
Approval is granted for PIP 98-05 as shown on Exhibits “A”-“J”, dated July 30, 1998, on
file in the Planning Department and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
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 fiom this approval, shall require an amendment to this approval.
All uses established in this structure shall be consistent with Section 2 1.34.020 (Permitted
Uses) and the Carlsbad Airport Centre Specific Plan 18 1 (A).
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
PIP 98-05 - CORNERSTONE CORPORATE CENTER
July 30, 1998
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8.
9.
10.
11.
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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.
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.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving document on a 24” x 36” blueline drawing.
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 25, 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.
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, including, but not limited to the
following:
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 be collected at the time of building permit issuance.
.
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PIP 98-05 - CORNERSTONE CORPORATE CENTER
July 30, 1998
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14.
15.
16.
17.
18.
19.
20.
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 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 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 the building permit, the Developer shall submit to the City a
Notice of Restriction to be filed in the office of the County Recorder, subject to the
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PIP 98-05 - CORNERSTOIVB CORPORATE CENTER
July 30, 1998
Page 6
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.
2 1. 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).
22. 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 andor
addresses shall contrast to their background color.
23. The Developer shall submit and obtain Planning Director approval of a uniform sign
program for this development prior to occupancy of any building.
Engineerinp:
24. 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.
25. 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.
FeedAPreements:
26. The developer shall pay all current fees and deposits required.
27. Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
28. Prior to issuance of building permit, the applicant shall provide documentation, to
the satisfaction of the City Engineer, of a reciprocal easement with the adjacent lot
to the south for ingress, egress, circulation, and drainage, including provisions for
maintenance and liability.
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PIP 98-05 - CORNERSTONE CORPORATE CENTER
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GradinP:
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.
Dedicationsfimtwovements:
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.
Fire:
3 1. Prior to the issuance of building permits, complete building plans shall be approved by
the Fire Department.
32. Additional on-site public water mains and fire hydrants are required.
33. 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.
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PIP 98-05 - CORNERSTONd CORPORATE CENTER
July 30, 1998
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34.
35.
36.
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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 and/or 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.
Prior to building occupancy, private roads and driveways which serve as required access
emergency service vehicles shall be posted as fire lanes in accordance with the
requirements of section 17.04.020 of the Carlsbad Municipal Code.
Water District:
40.
41.
42.
43.
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
any meter installation.
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 on million gallons per day.
The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail by Developer and District Engineer to insure that adequate capacity,
pressure and flow demands can be met.
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.
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PIP 98-05 - CORNERSTONE CORPORATE CENTER
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44.
45.
46.
b. 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 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.
All District pipelines, pump stations, pressure reducing stations and appurtenances
required for this project by the District shall be within the public right-of-way or within
easements granted to the District or the City of Carlsbad.
A fire flow system shall be required for this industrial development, and it shall be
constructed as a looped pipeline system.
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:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
47.
48.
49.
50.
51.
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.
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
“
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PIP 98-05 - CORNERSTONE CORPORATE CENTER
July 30, 1998
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
52. 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.
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 July 30, 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 feedexactions 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 Van Lynch at (760) 438-1 161, extension 4447.
CITY OKCARLSBN
Assistad Planning Director
GEW:VL:dch
c: Ken Quon
Bobbie Hoder
Chris DeCerbo
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