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HomeMy WebLinkAboutPIP 04-07; AIRPORT PARKING AREAS; Admin Decision Letter- PLANNED INDUSTRIAL PERMIT November 8, 2004 Peter Drinkwater Department of Public Works -Airport Division County of San Diego 1960 Joe Crosson Dr. El Cajon CA 92020-1236 SUBJECT: PIP 04-07 -AIRPORT PARKING AREAS The City has completed a review of the application for a Planned Industrial Permit for development located on the north side Owens Avenue, between Camino Vida Roble and Yarrow Drive in Local Facilities Management Zone 5. 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: Findings: 1. That the site indicated by the Planned Industrial Permit 04-07 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 proposed parking area fits within the existing, graded pad, all existing perimeter landscaping is to remain, lighting required for pedestrian travel and safety will be provided, and parking lot striping will clearly delineate parking aisles and spaces. 2. That the improvements indicated on the Planned Industrial Permit 04-07 are located in such a manner to be related to existing and proposed streets and highways in that the parking areas have direct access to Owens Avenue with a curb cut that meets City Standards. 3. That the improvements as shown on the Planned Industrial Permit 04-07 are 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 parking is an allowed conditional use within the P-M zone and no high-intensity illumination is proposed with 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 15311 -In-fill Development 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. / . PIP 04-07 -AIRPORT PA.NG AREAS November 8, 2004 Page2 5. That the Planning Director finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, in that: a. The Land Use Element calls for the City to encourage the continued operation of the airport as a general aviation airport and the proposed parking area is necessary to accommodate the modifications required at the airport to comply with FAA, TSA and Caltrans standards; b. The proposed parking area will contain adequate vehicular circulation and lighting for pedestrian safety; c. The proposed parking area will no create any obstructions to the flight path and all illumination will be directed downward to avoid conflicts with aircraft operations; d. The existing methane extraction and elimination system is accommodated in the parking lot design and will continue to operate. 6. That 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. 7. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan- Palomar Airport, dated April 1994, in that the proposed parking area is not located within the Flight Activity Zone or Runway Protection Zone. 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 proposed parking area is located outside of the 60 dBA CNEL noise contour. 8. That the Planning Director has reviewed each of the exactions imposed on the Developer contained in this letter, 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 04-07 as shown on Exhibit "A", dated November 8, 2004, 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 this structure shall be consistent with Section 21.34.020 (Permitted Uses). 3. 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; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for ' ... PIP 04-07 -AIRPORT PA.NG AREAS November 8, 2004 Page3 their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Planned Industrial Permit. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Industrial 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. 5. 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. 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. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 8. Unless otherwise stated, this industrial project shall comply with all applicable City ordinances and requirements. If you have any questions, please call Michael Grim at (760) 602-4623. Sincerely, DON NEU Assistant Planning Director DN:MG:bd c: Don Rideout Frank Jimeno Cynthia Haas Data Entry File Copy