HomeMy WebLinkAboutPIP 98-06; Carlsbad Palomar Business Park; Planned Industrial Permit (PIP)c A
City of Carlsbad -
PLANNED INDUSTRIAL PERMIT
May 28,1998
Jon Kelly
Suite 120
1 8 1 0 1 Von Karman Avenue
Irvine CA 92612
SUBJECT: PIP 98-06 - CARLSBAD PALOMAR BUSINESS PARK
The City has completed a review of the application for a Planned Industrial Permit for
development on Lots 32,33, and 34 of the Carlsbad Airport Business Center.
It is the Planning Director’s determination that the project is consistent with the City’s Planned
Industrial Zone regulations (Chapter 21.34) and with all other applicable City ordinances and
policies. The Planning Director, therefore, APPROVES this request based on the following:
Findings:
1. The 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 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.
5. 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:
2075 La Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-1 161 - FAX (760) 438-0894 @
h
PIP 98-06 - CARLSBAD PALOMAR BUSINESS PARK
May 28,1998
Page 2
6.
7.
8.
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
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 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 2 1.90 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.
Conditions:
Planning:
1. Approval is granted for PIP 98-06 as shown on Exhibits "A"-"O", dated May 28, 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. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted
Uses) and the Carlsbad Airport Business Center Specific Plan 200.
3. All roof appurtenances shall be shielded from view and architecturally integrated with the
building design.
4
PIP 98-06 - CARLSBAD PALOMAR BUSINESS PARK
May 28,1998
4.
5.
6.
7.
8.
9.
10.
11.
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 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 faciliries 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 2 1.90 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 27,1998, 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.
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 98-06 - CARLSBAD PALOMAR BUSINESS PARK
May 28,1998
12.
13.
14.
15.
16.
17.
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/manufacturing/warehouse 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).
Engineering:
PIP 98-06 - CARLSBAD PALOMAR BUSINESS PARK
May 28,1998
18. 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.
FeedAgreernents
19. The developer shall pay all current fees and deposits required.
20. The owner of the subject property shall execute an agreement holding the City harmless
regarding the drainage across the adjacent property.
Grading
2 1. 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 and receive
approval for grading plans in accordance with City codes and standards prior to issuance
of a building permit for the project.
22. 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.
Dedicationsflmprovernents:
23. 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; and
c
PIP 98-06 - CARLSBAD PALOMAR BUSINESS PARK
May 28,1998
Pane 6
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Fire DeDartment:
24.
25.
26.
27.
28.
29.
30.
31.
32.
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
traffk 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 andor 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:
33. 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.
34. 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
PIP 98-06 - CARLSBAD PtLOMAR BUSINESS PARK
May 28,1998
Page 7
any meter installation.
35. 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 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;
and
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.
36. 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.
37. A fire flow system shall be required for this industrial development, and it shall be
constructed as a looped pipeline system.
38. 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:
39. 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.
40. Prior to issuance of building permit, the developer shall file and receive approval of
a boundary adjustment application with the City to consolidate lot lines as shown on
the site plan, and to avoid buildings being constructed over lot lines.
PIP 98-06 - CARLSBAD ~ALOMAR BUSINESS PARK
May 28,1998
41. Prior to issuance of building permit, the applicant shall obtain a City right-of-way
permit for the installation of driveway aprons on Loker Avenue East.
If you have any questions, please call Van Lynch at (760) 43 8- 1 16 1, extension 4447.
Assistant Planning Director
GEW:VL:kc
c: Ken Quon
Bobbie Hoder
Chris DeCerbo
Data Entry
File Copy
J