HomeMy WebLinkAboutPIP 98-06A; Palomar Business Park Parking Lot Expansion; Planned Industrial Permit (PIP)PLANNED INDUSTRIAL PERMIT
April 7, 2000
Jon Kelly
International Developments International
Suite 120
1 81 01 Von Karman
lrvine CA 9261 2
SUBJECT: PIP 98-06(A) - PALOMAR BUSINESS PARK PARKING LOT
EXPANSION
The City has completed a review of the application for a Planned Industrial Permit
amendment for development located north of Palomar Airport Road and east of
Loker Avenue East within the Carlsbad Airport Business Center. The property is
identified as Parcel A and a portion of Parcel B of Adjustment Plat 533.
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:
Findinas:
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 the project meets the development standards of the Carlsbad
Airport Business Center Specific Plan (SP200) and the P-M zone.
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 project takes access from Owens Avenue and the buildings face
onto 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
1635 Faraday Avenue - Carlsbad. CA 92008-7314 (760) 602-4600 0 FAX (760) 602-8559 @
PIP 98-06(A) - PALOW dUSINESS PARK PARKING LOT Eh’ANSION
April 7,2000
and performance standards as set forth in this chapter in that the project is
an allowed use and complies with the development standards of the Carlsbad
Airport Business Center Specific Plan (SP200).
4. The Planning Director of the City of Carlsbad does hereby find:
A. he has reviewed, analyzed and considered the Negative Declaration
and the environmental impacts therein identified for this project and
any comments thereon prior to APPROVING the project; and
B. the Negative Declaration has been prepared in accordance with
requirements of the California Environmental Quality Act, the State
Guidelines and the Environmental Protection Procedures of the City of
Carlsbad; and
C. it reflects the independent judgment of the Planning Director of the
City of Carlsbad; and
D. based on the EIA Part II and comments thereon, there is no substantial
evidence the project will have a significant effect on the environment.
5. 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.
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad
School District that the project has satisfied its obligation for school
facilities.
B. 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.
C. 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.
-
PIP 98-06(A) - PALOW BUSINESS PARK PARKTNG LOT EUANSION
April 7,2000
Page 3
6. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
the McClellan-Palomar Airport, dated April 1994, in that the property has
recorded against it a notice concerning aircraft noise recorded October 13,
1998 as file no. 1998-0657773 of official records. The project is
compatible with the projected noise levels of the CLUP; and, based on the
noise/land use compatibility matrix of the CLUP, the proposed land use is
compatible with the airport, in that the parking lot is not intense
development, high rise development, or involves large groups of people
which are precluded from the Flight Activity Zone.
7. That the project is consistent with the City's Landscape Manual (Carlsbad
Municipal Code Section 14.28.020 and Landscape Manual Section I B).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to
1.
2.
3.
4.
grading permit.
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 amendment.
Approval is granted for PIP 98-06(A) as shown on Exhibits "A" - "M," dated
April 7, 2000, on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise
noted in these conditions.
All uses established in this structure shall be consistent with Section
21.34.020 (Permitted Uses) and the Carlsbad Airport Business Center
Specific Plan (SP200).
Staff is authorized and directed to make, or require the Developer to make,
all corrections and modifications to the planned industrial permit amendment
documents, as necessary to make them internally consistent and in
conformity with the final action on the project. Development shall occur
PIP 98-06(A) - PAL0I"A BUSINESS PARK PARKTNG LOT Ehl'ANSION
April 7,2000
Page 4
5.
6.
7.
8.
9.
10.
11.
substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state,
and local ordinances in effect at the time of building permit issuance.
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.
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 amendment, (b)
City's approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (4
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 submit to the Planning Department a reproducible 24" x
36" mylar copy of the site plan reflecting the conditions approved by the
final decision making body.
The Developer shall include, as part of the plans submitted for any permit
plan check, a reduced legible version of all approving documents in a 24" x
36" blueline drawing format.
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.
PIP 98-06(A) - PALOMAk dUSINESS PARK PARKING LOT EWANSION
April 7,2000
12.
13.
14.
15.
16.
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.
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.
PIP 98-06(A) - PALOMAh BUSINESS PARK PARKING LOT EUANSION
April 7,2000
17. 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.
Engineering:
General
18. Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, Developer shall apply for and obtain
approval from, the City Engineer for the proposed haul route.
Gradinq
19. Prior to the issuance of a grading permit Developer shall submit to the City
Engineer proof that a Notice of Intention for the start of work has been
submitted to the State Water Resources Control Board.
20. 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.
Developer shall apply for and obtain a grading permit from the City Engineer
prior to construction.
Dedications/lmDrovements
21 . Developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. Developer shall provide
improvements constructed pursuant to 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 submitted
to and subject to the approval of the City Engineer. Said plans shall include
but not be limited to notifying prospective owners and tenants of the
following:
A.
B.
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.
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
h -
PIP 98-06(A) - PALOMAt\ BUSINESS PARK PAFNING LOT EMANSION
April 7,2000
Page 7
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.
22. Prior to issuance of grading permit, the lot line adjustment shown in exhibit
"6" must be' processed.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but
not limited to the following code requirements:
23.
24.
25.
26.
27.
28.
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
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall
become void.
The Developer shall pay a landscape plan check and inspection fee as
required by Section 20.08.050 of the Carlsbad Municipal Code.
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
Page 8
29.
30.
31.
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 Carlsbad Airport
Business Center Specific Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
Developer shall exercise special care during the construction phase of this
project to prevent off-site siltation. Planting and erosion control shall be
provided in accordance with Carlsbad Municipal Code Chapter 15.1 6 (the
Grading Ordinance) to the satisfaction of the City Engineer.
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 "feeslexactions."
You have 90 days from date of final approval to protest imposition of these
feedexactions. If you protest them, you must follow the protest procedure set
forth in Government Code Section 66020(a), and file the protest and any other
required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure
will bar any subsequent legal action to attack, review, set aside, void, or annul their
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified
feedexactions DOES NOT APPLY to water and sewer connection fees 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.
PIP 98-06(A) - PALOW BUSINESS PARK PARKING LOT EMANSION
April 7,2000
Page 9
If you have any questions, please call Van Lynch at (760) 602-461 3.
CITY OF CARLSBAD
AssFt Planning Mrector
0NV:VL:cs
C: J. Juchniewicz
Cynthia Haas
Data Entry
File Copy