HomeMy WebLinkAboutPIP 99-01; Carlsbad Oaks Lot 7; Planned Industrial Permit (PIP)c
.. City of Carlsbad
PLANNED INDUSTRIAL PERMIT
February 29, 2000
Joyce Peabody
KMA Architects
15 15 Morena Boulevard
San Diego, Ca 92 1 10
SUBJECT: PIP 99-01 - CARLSBAD OAKS LOT
The City has completed a review of the application for a Planned Industrial Permit for
development on Lot 7 of the Carlsbad Airport Business Center within Local Facilities
Management Zone 5.
It is the Planning Director’s determination that based on the attached conditions, 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:
Findinps:
1. That 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 Chapter 21.34 of the Carlsbad Municipal
Code, in that the proposed 54,102 square foot office/manufacturing building meets
all development standards regarding building height, building setbacks, parking
requirements, lot coverage and landscaping.
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 access to
the site is provided from Loker Avenue West, an existing public street.
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 Chapter 21.34 of the Carlsbad Municipal Code, in that the
overall plan is comprehensive and provides for adequate open space, circulation,
parking, and other pertinent amenities; the proposed development is compatible
with existing and proposed surrounding non-residential land uses and with
circulation patterns on adjoining properties; the internal street system is designed
for the efficient and safe flow of vehicles; the design of the building and site is
architecturally integrated and compatible with each other; screening of roof
equipment and trash areas are architecturally compatible with the building design;
1635 Faraday Avenue * Carlsbad, CA 92008-731 4 (760) 602-4600 * FAX (760) 602-8559 @
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PIP 99-01 - CAFUSBAD vAKS LOT 7 .- February 29,2000
Page 2
and the building placement is designed to create opportunities for plazas and other
landscaped open spaces within the project.
4. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 (In-fill Development
Projects) of the state CEQA Guidelines. In making this determination, the Planning
Director has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines do not apply to this project.
5. The Planning Director finds that the project, as conditioned herein for approval, is in
conformance with the Elements of the City’s General Plan, based on the following:
A.
B.
C.
D.
E.
F.
Land Use - The proposed office and manufacturing development is consistent
with the uses allowed within the Planned Industrial Land Use Designation.
Circulation - Adequate circulation is provided through the existing public streets.
Noise - The proposed development is subject to noise impacts from overflight
activities at McClellan-Palomar Airport and has been conditioned to record
a notice concerning aircraft noise.
Housing - That the project is consistent with the housing Element of the General
Plan and the Inclusionary Housing Ordinance as the Developer has been
conditioned to pay an inclusionary housing fee if one is adopted.
Public Safety - The project is not located within any flood plain or
geologically/seismically unstable area.
Parks and Recreation - The project is consistent with the Parks and Recreation
Element of the General Plan and is required to pay Park-In-Lieu fees as
established within the Zone 5 Local Facilities Management Plan.
6. 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; govement administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
A. The project has been conditioned to provide proof from the Carlsbad Unified
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.
PIP 99-01 - CARLSBAD LAKS LOT 7 .- February 29,2000
Pape 3
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.
D. 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.
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).
8. 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 it is an
office/manufacturing project within the 65 CNEL noise contour.
9. That this project could have a potentially significant negative cumulative traffic
impact on the Palomar Airport Road/ El Camino Real intersection. However, this
project has been conditioned to pay its fair share of the “short-term improvements’’
thereby, guaranteeing implementation of a mitigation measure that reduces the
potential impact to a level of insignificance.
10. 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:
Planninp:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
building permit.
1. Approval is granted for PIP 9-01 as shown on Exhibits “A”-“G”, dated February 2, 2000
on file in the Planning Department and incorporated herein by reference. Development
shall occur substantially as shown unless otherwise noted in these conditions.
2. 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 fbrther condition issuance of all
future building permits; deny, revoke or Mer condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
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PIP 99-01 - CARLSBAD bAKS LOT 7
February 29,2000
Page 4
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.
3. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted
Uses).
4. All roof appurtenances shall be shielded from view and architecturally integrated with the
building design.
5. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the PIP 99-01 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.
6. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
7. 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.
8. 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.
9. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the site plan reflecting the conditions approved by the final decision making
body.
10. The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
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PIP 99-01 - CARLSBAD UAKS LOT 7
February 29,2000
Page 5
11.
12.
11.
12.
13.
14.
15.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director fiom 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, including, but not limited to the
following:
a. The developer shall pay a Local Facilities Management Plan Park fee of $.40 per
square foot of non-residential development to be collected at the time of building
permit issue.
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 andor resolution
and this project becomes subject to a linkage fee pursuant to said ordinance andor
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, fkee 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.
Prior to the issuance of the building permit, 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
PIP 99-01 - CARLSBAD bAKS LOT 7
February 29,2000
Page 6
16.
17.
18.
19.
20.
21.
22.
City of Carlsbad has issued a Planned Industrial Permit 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.
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).
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.
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.
Developer shall construct, install and stripe not less than 157 parking spaces of the 173 +
spaces shown for the 54,102 square foot office/manufacturing project, as shown on
Exhibit “B”.
The Developer shall submit and obtain Planning Director approval of a uniform
sign program for this development prior to occupancy of the building.
The Developer shall pay his fair share for the “short-term improvements” to the El
Camino Real / Palomar Airport Road intersection prior to the issuance of a grading
permit. The amount shall be determined by the methodology ultimately selected by
Council, including but not limited to, an increase in the city-wide traffic impact fee;
an increased or new Zone 5 LFMP fee; the creation of a fee or assessment district;
or incorporation into a Mello-Roos taxing district.
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PIP 99-01 - CARCSBAD bAKS LOT 7
February 29,2000
Engineering:
General:
23. Prior to issuance of any building permit, the developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
24. 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.
Fees and AFreements:
25. Prior to issuance of a building permit for any buildable lot within the subdivision, the
property owner shall pay a one-time special development tax in accordance with City
Council Resolution No. 91-39.
26. The developer shall pay all current fees and deposits required.
Grading:
27. Based upon a review of the proposed grading and the grading quantities shown on the site
plan a grading permit for this project appears to be 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.
28. 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.
29. No grading for private improvements shall occur outside the limits of the project unless a
grading or slope easement or agreement is obtained from the owners of the affected
properties and recorded. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer must
either amend the site plan or modify the plans so grading will not occur outside the
project site in a manner which substantially conforms to the approved site plan as
determined by the City Engineer and Planning Director.
DedicationsnmDrovements:
30. Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
the City Engineer.
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PIP 99-01 - CARLSBAD c~AKS LOT 7
February 29,2000
Page 8
31. The developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System ODES) 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.
B.
C.
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 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.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
32. The structural section for the access aisles must be designed with a traffic index of 5.0 in
accordance with City Standards due to truck access through the parking area and/or aisles
with an ADT greater than 500. The structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information and approved by the City
as part of the building site plan review.
33.
34.
35.
The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands can be
met.
The developer shall be responsible for all fees, deposits and charges which will be
collected before and/or 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
meter installation.
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 demmd for domestic and irrigational needs from appropriate
parties.
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PIP 99-01 - CARLSBAD bAKS LOT 7
February 29,2000
Page 9
36.
37.
38.
39.
40.
B. The Developer’s Engineer shall 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.
C. Prior to the preparation of sewer, water, and reclaimed water improvement plans,
a meeting must be scheduled with the District Engineer for review, comment and
approval of the preliminary system layouts and usages (i.e. - GPM - EDU).
The Developer shall provide detailed information to the District Engineer regarding water
demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer
flow in million gallons per day.
All District pipelines and appurtenances required for this project by the District shall be
within public right-of-way or within 20’ wide easements granted to the District or the
City of Carlsbad. The easements should be shown on the site plan and identified on
the tentative map. Easements dedicated to the District for water line purposes shall
be dedicated by separate document.
The following note shall be placed on the final map. “This project is approved upon the
expressed condition that building permits will not be issued for development of the
subject property unless the District serving the development has adequate water and
sewer capacity available at the time development is to occur, and that such water and
sewer capacity will continue to be available until time of occupancy.”
All potable water and recycled water meters shall be placed within public right-of-way.
A public fire flow system shall be required for this industrial or commercial development,
and it shall be constructed as a looped pipeline system.
Code Reminders:
41.
42.
43.
The 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 the Carlsbad Municipal Code and the City Engineer.
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
taxedfees shall be paid at issuance of building permit. If the taxedfees 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.
P PIP 99-01 - CARLSBAD LAKS LOT 7
February 29,2000
Page 10
General
44.
45.
46.
47.
48.
49.
50.
51.
This approval shall become null and void if building permits are not issued for this
project within 18 months fkom 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 fkom 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.
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 approved sign program and shall require a permit
that is reviewed and approved by the Planning Director prior to installation of such signs.
Any access controls or other security devices planned for the building must comply with
the egress requirements of the Uniform Building Code. Plans for these systems must be
reviewed and approved by the Building and Fire Departments prior to installation.
Minimum water availability required for fire protection purposes (Fire flow), is 3,500
gallons per minute, and may be delivered fkom two fire hydrants.
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
“fees/exactions.”
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.
' PIP 99-01 - CARLSBAD LACS LOT 7
February 29,2000
Page 11
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 Greg Fisher at (760) 602-4629.
CITY OF CARLSBAD
Assistant Planning Director
GEW:GF:mh
C: Chris DeCerbo
David Rick
Bobbie Hoder
Cynthia Haas
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