HomeMy WebLinkAboutPIP 98-07; Lincoln North Pointe; Planned Industrial Permit (PIP)PLANNED fNDUSTRlAL PERMfT
August 20, 1998
Thomas Lamore
Smith Consulting Architects
5355 Mira Sorrento Place #650
San Diego, CA 92 121
SUBJECT: PJP 98-07- LINCOLN NORTH POINTE
The City has completed a review of the application for a Planned Industrial Permit
for development located along the west side of El Carnino Real, to the south of
Palomar Airport Road.
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 all development standards of the P-M Zone have been met
without the need for a variance from development standards and all required
public facilities and services will be provided.
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 this site is provided from El Camino Real.
3. The improvements as shown on the Planned Industrial Permit are consistent
with the intent and purpose of this zone and all adopted devetopment, design
and performance standards as set forth in this chapter in that this project
2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1 161 FAX (760) 438-0894 @
PIP 98-07- LINCOLN ~JRTH POINTE
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meets all of the minimum development standards of the underlying P-M zone
and all policies and standards of the City.
4. The Planning Director finds that the project, as conditioned herein for PIP 98-
07, is in conformance with the Elements of the City's General Plan, based on
the following:
a. Land Use - The site is designated for Planned Industrial land use and
the proposed off icehesearch and developmentlwarehouse uses are
consistent with the Planned lndustriat General Plan designation.
b. Circulation - The project will provide roadway improvements to El
Camino Real including median, signalization, additional turn lanes and
deceleration lanes.
c. Noise - Temporary construction activities would be required to comply
with the City's Construction Noise Ordinance and the project would
comply with the noise guidelines.
d. Housing - The project is conditioned to pay a non-residential affordable
housing impact linkage fee if adopted by City Council.
e. Public Safety - All buildings would comply with UBC and state seismic
codes.
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:
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 School District.
c. Park-in-lieu fees are required as a condition of approval.
PIP 98-07- LINCOLN I\(urlTH POINTE
August 20.1998
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d. All necessary public improvements have been provided or are required
as conditions of approval.
e. 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.
6. 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.
7, This project has been conditioned to comply with any requirement approved
as part of the Local Facilities Management Plan for Zone 5.
8. That all necessary public facilities required by the Growth Management
Ordinance will be constructed or are guaranteed to be constructed
concurrently with the need for them created by this project and in
compliance with adopted City standards.
9. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
the McClellan-Palomar Airport, dated April 1994, in that, i.e. as conditioned
the amlicant shall record a notice concernina aircraft noise. 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 maximum airport noise level on the
subject property is 60 dBA CNEL and officehesearch and
developmentlwarehouse uses are compatible with noise environments of up
to 75 dBA CNEL.
10. . That the project is consistent with the City’s Landscape Manual, adopted by
City Council Resolution No. 90-384.
11. The Planning Director of the City of Carlsbad has reviewed, analyzed and
considered Mitigated Negative Declaration, Lincoln North Pointe (SP
1 O9(B)/CT 98-07/PUD 98-01/HDP 98-05/SUP 98-03/CUP 98-08), the
environmental impacts therein identified for this project and said comments
thereon, and the Mitigation Monitoring and Reporting Program, on file in the
Planning Department, prior to APPROVING the project. Based on the EIA
Part I1 and comments thereon, the Planning Director finds that there is no
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PIP 98-07- LINCOLN LJRTH POINTE
August 20.1998
Page 4
substantial evidence the project will have a significant effect on the
environment and hereby APPROVES the Mitigated Negative Declaration.
Conditions:
I.
2.
3.
4.
5.
6.
7.
8.
9.
Approval is granted for PIP 98-07 as shown on Exhibits "A-BBB", dated
August 19, 1998, 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).
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.
Staff is authorized and directed to make, or require Developer to make, all
corrections and modifications to the Site Plan document(s) necessary to
make them internally consistent and in conformity with final action on the
project. Development shall occur substantially as shown in 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.
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 City Engineer and approved prior to building,
grading, final map, or improvement pian 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 resolutions on a 24" x
36" blueline drawing. Said blueline drawingb) shall also include a copy of
any applicable Coastal Development Permit and signed approved site plan.
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.
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PIP 98-07- LINCOLN h,RTH POINTE
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10.
11.
12.
13.
14.
15.
The Developer shall pay the public facitities 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 .SO 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.
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:
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.
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 residential housing 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.
Approval of PIP 98-07 is granted subject to the approval of SP lOS(B)/PUD
98-0'I/HDP 98-051SUP 98-031CUP 98-08 and CT 98-07. PIP 98-07 is
subject to all conditions contained in Planning Commission Resolution
No.4354 for the Mitigated Negative Declaration.
The Developer shall establish an owner's association and corresponding
covenants, conditions and restrictions. Said CC&Rs shall be submitted to
and approved by the Planning Director prior to final map approval for CT 98-
07. The CC&Rs shall adequately address maintenance of all common
landscaped areas (including landscaping within parking areas) and paved
parking areas. Prior to issuance of a building permit the Developer shall
provide the Planning Department with a recorded copy of the official CC&Rs
that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
PIP 98-07- LINCOLN hdRTH POlNTE
August 20.1998
Page 6
a. General Enforcement bv the Citv. The City shalt have the right, but
not the obligation, to enforce those Protective Covenants set forth in
this Declaration in favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easements.
In the event that the Association fails to maintain the "Common Area
Lots and/or the Association's Easements" as provided in Article
Section the City shall have the right, but not the duty, to
perform the necessary maintenance. If the City elects to perform such
maintenance, the City shall give written notice to the Association,
with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and
requesting the same be carried out by the Association within a period
of thirty (30) days from the giving of such notice. In the event that
the Association fails to carry out such maintenance of the Common
Area Lots and/or Association's Easements within the period specified
by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect
thereto from the Owners as provided herein.
C. SDecial Assessments Levied bv the City. In the event the City has
performed the necessary maintenance to either Common Area Lots
and/or Association's Easements, the City shall submit a written invoice
to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each
Owner in the Project, together with a statement that if the Association
fails to pay such invoice in full within the time specified, the City will
pursue collection against the Owners in the Project pursuant to the
provisions of this Section. Said invoice shall be due and payable by
the Association within twenty (20) days of receipt by the Association.
If the Association shall fail to pay such invoice: in full within the period
specified, payment shall be deemed delinquent and shall be subject to
a late charge in an amount equal to six percent (6Oh) of the amount of
the invoice. Thereafter the City may pursue collection from the
Association by means of any remedies available at law or in equity.
Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal
prorata share of the invoice, plus the late charge. Such special
assessment shall constitute a charge on the land and shall be a
continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right
PIP 98-07- LINCOLN hu13TH POINTE
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16.
17.
18.
19.
20.
21.
and power to levy such special assessment, to impose a lien upon
their respective Lot and to bring all legal actions and/or to pursue lien
forectosure procedures against any Owner and hidher respective Lot
for purposes of collecting such special assessment in accordance with
the procedures set forth in Article of this Declaration.
Prior to the issuance of building permits, 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 PIP 98-07
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.
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 D'irector 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 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.
The first submittal of detailed landscape and irrigation plans shall be
accompanied by the project's building, improvement, and grading plans.
PIP 98-07- LINCOLN huRTH POINTE
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22.
23.
24.
25.
26.
27.
The Developer shall submit and obtain Planning Director approval of a
uniform sign program for this development prior to occupancy of any
building.
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 and/or addresses shall contrast to their background
color.
The Developer shall provide bus stops to service this development at
locations and with reasonable facilities to the satisfaction of the North
County Transit District and the Planning Director. Said facilities, if required,
shall at a minimum include a bench, free from advertising, and a pole for the
bus stop sign. The bench and pole shall be designed to enhance or
consistent with basic architectural theme of the project.
The Developer shall implement, or cause the implementation of, the Lincoln
North Pointe Project Mitigation Monitoring and Reporting Program.
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 successorb) 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.
Prior to the recordation of the first final tract map or the issuance of building
permits, whichever occurs first, 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).
. ,-
PIP 98-07- LINCOLN NudTH POINTE
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28.
29.
30.
31.
Each lot of this development has been designed with adequate parking for
the proposed uses. As no joint use of parking agreement has been provided
for in this development, each lot must stand on its own for parking purposes.
Tenant improvements for this development are only permitted if the parking
provided complies with City Ordinance parking requirements for the mix of
uses proposed (officehsearch and development /warehouse). This condition
shall be included in the Notice of Restriction required in Condition No. 16 of
this permit.
This project shall comply with all conditions and mitigation measures which
are required as part of the approved Lincoln North Pointe Mitigated Negative
Declaration, PUD 98-01, HDP 98-05, SUP 98-03, CUP 98-08, and CT 98-07
as contained in Pianning Commission Resolutions No. 4357, 4358, 4359,
4360 and 4356.
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.
The Developer shall diligently implement, or cause the implementation of, all
mitigation measures identied in the Final EIR MElR 93-01 that are found by
this resolution to be feasible.
Endneerina Conditions:
31 . This project shall comply with all conditions of CT 98-07 as contained in
Planning Commission Resolution No. 4356.
Water Conditions:
32. This project shall comply with all conditions of CT 98-07 as contained in
Planning Commission Resolution No. 4356.
"
PIP 98-07- LINCOLN hQRTH POINTE
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North Countv Transit District Conditions:
33. This project shall comply with all conditions of CT 98-07 as contained in
Planning Commission Resolution No. 4356.
Code Reminders:
34.
35.
36.
37.
38.
39.
The Developer shall pay a landscape plan check and inspection fee as
required by Section 20.08.050 of the Carlsbad Municipal Code.
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 substance as provided in Building Department
Policy No. 80-6, to the satisfaction of the Directors of Community
Development and Planning.
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.
Any signs proposed for this development shall at a minimum be designed in
conformance with the City's Sign Ordinance and the El Camino Real Corridor
Development Standards and shall require review and approval of the Planning
Director prior to installation of such signs.
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 "feedexactions."
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PIP 98-07- LINCOLN hwdTH POlNTE
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Page 1 1
You have 90 days from August 19, 1998, 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
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
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 Chris DeCerbo at (760) 438-1 161 I extension
4445.
GAR~E. WAYNE'
Assistant Planning Director
GW:CD:dch
c: Frank Jimeno
Bobbie Hoder
Cynthia Haas
Data Entry
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