HomeMy WebLinkAboutPUD 00-112; Atrium II; Planned Unit Development - Non-Residential (PUD)City of Carlsbad
Planning Department
February 28, 2001
Mr. Scott Brusseau
Newport National Corporation
2117 Industrial Court, Suite E
Vista, CA 92083
SUBJECT: PUD 00-112-ATRIUM II
The City has completed a review of the application for a Non-Residential Planned
Development Permit for development located at 2714 Loker Avenue West, APN 209-
081-02, in the Carlsbad Airport Business Center Specific Plan (SP-200).
It is the Planning Director's determination that based on the attached conditions, the
project is consistent with the City's Non-Residential Planned Development regulations
(Chapter 21.47) and with all other applicable City Ordinances and Policies.
This memo, including the listed findings and conditions, constitutes approval of PUD 00-
112, subject to the approval of MS 00-10 and PIP 87-02(A).
Findings:
1. 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
Sections 15315, which concerns minor land divisions and 15332, which concerns
in-fill development projects, of the state CEQA Guidelines. With regard to
Section 15332, the project site has no value as habitat for endangered, rare
or threatened species. Approval of the project would not result in any
significant effects relating to traffic, noise, air quality or water quality and
the site is adequately served by all required utilities and public services.
Therefore, the project qualifies as a In-Fill Development Project and is
exempt from environmental review pursuant to Section 15332 of 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.
2. That the granting of this permit will allow the subdivision of an existing
industrial lot into two planned development lots to enable separate
ownership and will not adversely affect and will be consistent with the Municipal
Code, the General Plan, applicable specific plans, master plans, and all adopted
plans of the City and other governmental agencies, in that the subdivision of
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
the industrial project is consistent with the Planned Industrial (PI) General
Plan designation, Planned Industrial (P-M) zone regulations and the
Carlsbad Airport Business Center Specific Plan (SP 200) regulations.
3. That such project will not be detrimental to the health, safety or general welfare
of persons residing or working in the vicinity, or injurious to property or
improvements in the vicinity, in that the industrial subdivision is consistent
with the surrounding planned industrial uses.
4. That the proposed nonresidential planned development meets all of the minimum
development standards of the underlying zone except for for the lot area, in
that no standards variances have been requested or required.
5. That the proposed use at the particular location is necessary and desirable to
provide a service or facility which will contribute to the general long-term well-
being of the neighborhood and community, in that the project is an office
building which is consistent with the surrounding office, industrial and
manufacturing uses.
6. Adequate public facilities necessary to serve this project will be provided as
required by the City Engineer in conjunction with the approval of the parcel map
required for this project.
7. 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.
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 Park facilities impact fee for Zone 15 is required by Carlsbad
Municipal Code Chapter 21.90.050, 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to
Building Permit.
1. 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 Non-Residential Planned
Development Permit.
2. Approval is granted for PUD 00-112 as shown on Exhibit(s) "A" -"J", dated
February 28, 2001, on file in the Planning Department and incorporated herein
by reference. Development shall occur substantially as shown unless otherwise
noted in these conditions.
3. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Non-Residential Planned Development
Permit 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.
4. A copy of the final planned development site plan, incorporating all conditions of
approval, shall be submitted to and approved by the Planning Director prior to
final map approval of MS 00-10.
5. 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.
6. 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.
7. 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 Non-Residential Planned Development 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. This
obligation survives until all legal proceedings have been concluded and
continues even if the City's approval is not validated.
8. 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.
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its
obligation to provide school facilities.
10. 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:
11. 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.
12. This approval is granted subject to the approval of MS 00-10 and PIP 87-02(A)
and is subject to all conditions contained in therein.
13. 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.
14. 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.
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
fees/exactions. 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 fees/exactions 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 further questions, please call Paul Godwin in the Planning Department at
(760) 602-4625.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
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c: Jeremy Riddle
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