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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