HomeMy WebLinkAboutPIP 98-07A; North Pointe West; Planned Industrial Permit (PIP)PLANNED INDUSTRIAL PERMIT
December 6, 200 1
Scott Cairns
Smith Consulting Architects
12220 El Camino Real, Suite 200
San Diego, CA 921 30
SUBJECT: PIP 98-07(A) - NORTH POINTE WEST
The City has completed a review of the application for a Planned Industrial Permit
Amendment for development located at the terminus of Corte de la Pina, west of El
Camino Real.
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 Amendment 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 Planned Industrial (P-MI
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 Amendment 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 Corte de al Pina and El
Camino Real.
3. The improvements as shown on the Planned Industrial Permit Amendment is
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 this project meets all of the minimum development standards of the
underlying Planned Industrial (P-M) zone and all policies and standards of the
City.
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @
PIP 98-07(A) - NORTH POINTE WEST
December 6, 2001
Page 2
4. The Planning Director finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts
set forth in the staff report to the Planning Commission dated December 5,
2001 including, but not limited to the following:
The proposed industrial development is consistent with the Planned Industrial
(PI) General Plan Land Use designation;
All facilities needed to serve the development will be constructed prior to, or
concurrent with, construction;
The project must comply with the City's construction noise ordinance and
the noise performance standards of the P-M zone;
The project is conditioned to pay a non-residential housing linkage fee, if
adopted by the City Council prior to issuance of building permits; and
All necessary water mains, fire hydrants, and appurtenances must be
installed prior to occupancy of any unit and all-water access roads will be
maintained throughout construction.
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. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter
20.44, and will be collected prior to issuance of building permit.
C. 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.
PIP 98-07(A) - NORTH POINTE WEST
December 6, 2001
Page 3
6.
7.
8.
9.
IO.
D. The Local Facilities Management fee for Zone 5 of 40 cents per square
foot for park facilities is required by Carlsbad Municipal Code Section
21.90.050 and will be collected prior to issuance of building permit.
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.
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 as conditioned the
applicant shall record a notice concerning 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 levels on the
subject property is 60 dBA CNEL and office, research and development, and
warehouse uses are compatible with noise environments of up to 75 dBA
CNEL.
That the project is consistent with the City's Landscape Manual (Carlsbad
Municipal Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Director of the City of Carlsbad does hereby find:
A. it has reviewed, analyzed and considered the Negative Declaration and
the environmental impacts therein identified for this project and any
comments thereon prior to ADOPTING 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.
PIP 98-07(A) - NORTH POINTE WEST
December 6, 2001
Page 4
11. The Planning Director has reviewed each of the exactions imposed on the
Developer contained in this resolution, and hereby finds, in this case, that
the exactions are imposed to mitigate impacts caused by or reasonably
related to the project, and the extent and the degree of the exaction is in
rough proportionality to the impact caused by the project
Conditions:
1. Approval is granted for PIP 98-07(A). as shown on Exhibits "A" - "N", dated
December 5, 2001, 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 these structures shall be consistent with Section
21.34.020 (Permitted Uses) and shall be limited to those proportions of uses
detailed in Exhibit "B", dated December 5, 2001.
3. All roof appurtenances shall be shielded from view and architecturally
integrated with the building design.
4. Unless otherwise stated, this industrial project shall comply with all
applicable City ordinances and requirements.
5. 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.
6. 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
substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this
approval.
PIP 98-07(A) - NORTH POINTE WEST
December 6, 2001
Page 5
7.
8.
9.
10.
11.
12.
13.
The Developer shall comply with all applicable provisions of federal, state,
and local laws and regulations 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.
The Developer shall submit to Planning Department a reproducible 24" x
36", mylar copy of the Site Plan reflecting the conditions approved by the
final decision making body.
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.
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. A note to this effect
shall be placed on the Final Map.
.-
PIP 98-07(A) - NORTH POINTE WEST
December 6, 2001
Page 6
14.
15.
16.
17.
18.
19.
This approval is granted subject to the approval of CT 01-08 and PUD 98-
01 (A) and is subject to all conditions contained in Planning Commission
Resolutions No. 5095 and 5096 for those other approvals.
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.
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 establish a homeowner'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. 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(A) - NORTH POINTE WEST
December 6, 2001
Page 7
A. General Enforcement by the City. The City shall 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. Notice and Amendment. A copy of any proposed amendment shall be
provided to the City in advance. If the proposed amendment affects
the City, City shall have the right to disapprove. A copy of the final
approved amendment shall be transmitted to City within 30 days for
the official record.
C. 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.
D. Special Assessments Levied by 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 (6%) 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
PIP 98-07(A) - NORTH POINTE WEST
December 6, 2001
Page 8
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
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
foreclosure 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.
E. Landscape Maintenance Responsibilities. The HOAs and individual lot
or unit owner landscape maintenance responsibilities shall be as set
forth in Exhibit "K", dated December 5, 2001.
20. 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.
21. Prior to the issuance of the final map, 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 an Tentative
Tract Map, Non-residential Planned Unit Development Amendment, and
Planned Industrial Permit Amendment by Resolutions No. 5095 and 5096 on
the property. 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.
22. 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(A) - NORTH POINTE WEST
December 6, 2001
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23.
24.
25.
26.
27.
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 21.1 05. 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.
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.
The Developer shall submit and obtain Planning Director approval of an
exterior lighting plan including parking areas. All lighting shall be designed to
reflect downward and avoid any impacts on adjacent homes or property.
Compact parking spaces shall be located in large groups, and in locations
clearly marked to the satisfaction of the Planning Director.
Developer shall pay the citywide Public Facilities Fee imposed by City
Council Policy #I 7, 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
taxedfees shall be paid at issuance of building permit. If the taxes/fees and
not paid, this approval will not be consistent with the General Plan and shall
become void.
Enqineerinn Conditions:
28. This project shall comply with all conditions of CT 01 -08 as contained in
Planning Commission Resolution No. 5095.
Code Reminders:
29. The Developer shall pay park-in-lieu fees to the City, prior to the approval of
the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
30. The Developer shall pay a landscape plan check and inspection fee as
required by Section 20.08.050 of the Carlsbad Municipal Code.
PIP 98-07(A) - NORTH POINTE WEST
December 6, 2001
Page 10
31.
32.
33.
34.
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.
Premise identification (addresses) shall be provided consistent with 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 shall require review and
approval of the Planning Director prior to installation of such signs.
If you have any questions, please call Michael Grim at (760) 602-4623.
GEW:MG:cs
C: Chris DeCerbo
Michael Shirey
Cynthia Haas
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