HomeMy WebLinkAboutPIP 89-10B; 2777 Loker Avenue West; Planned Industrial Permit (PIP)<#l^ CITY OF
V^CARLSBAD
Planning Division www.carlsbadca.gov
May 23, 2012
Robert Lumley
BLT Enterprises of Sacramento LLC
501 Spectrum Circle
Oxnard, CA 93030
SUBJECT: PIP 89-10(8) - 2777 LOKER AVENUE WEST
The City has completed a review of the application for a Planned Industrial Permit Amendment to allow
for a modification to the existing project conditions on property located at 2777 Loker Avenue West,
generally located north of Palomar Airport Road and west of El Fuerte Street. The amendment will
remove the condition number 8 contained in the PIP 89-10(A) letter dated July 15, 1991 that precludes
the use ofthe existing "dock-high" loading bays.
It is the City Planner'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 City
Planner, therefore, APPROVES this request based on the following:
Findings:
1. The adopted findings for PIP 89-10 and PIP 89-10(A), which are contained in the Planning
Director's approval letters, dated November 6, 1989 and July 15, 1991 respectively, apply to
this amendment and are incorporated by this reference.
2. That the City Planner 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 ofthe exaction is
in rough proportionality to the impact caused by the project.
Condittons:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building
permit or gradmg permit, whichever shall occur first.
1. All of the conditions within this letter shall supersede all of the conditions within the Planning
Director's Determination Letters dated November 6,1989 and July 15,1991 for the approval
of PIP 89-10 and PIP 89-10(A) respectively.
2. Development shall occur substantially as shown on the approved exhibits PIP 89-10 -Exhibits
"A" - "E," dated August 2,1989, excepting the site plan exhibit which is replaced by Exhibit A,
PIP 89-10(B) dated May 23, 2012 on file in the Planning Division.
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
PIP 89-10(B) - 2777 LOKER AVENUE WEST
May 23, 2012
Page 2
3. Unless otherwise stated herein, this project shall comply with all applicable City Ordinances and
requirements and the Carlsbad Airport Business Center Specific Plan (SP 200) and its
amendments.
4. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted Uses).
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; record a notice of violation on the property title; 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 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, PIP 89-10(B) 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.
7. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
8. 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.
9. 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, PIP 89-
10(B), (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 ifthe City's approval is not validated.
10. Developer shall submit to the Planning Division a 24" x 36," copy of the Site Plan reflecting the
conditions approved by the final decision making body.
PIP 89-10(B) - 2777 LOKER AVENUE WEST
May 23, 2012
Page 3
11. Prior to the issuance of a building permit, the Developer shall provide proof to the City Planner
from the Carlsbad Unified School District that this project has satisfied its obligation to provide
school facilities.
12. 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. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This fee will be
used to construct recreational facilities to offset demand created by employees within
Local Facilities Management Zone 5.
13. 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.
14. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash,
and debris. All irrigation systems shall be maintained to provide the optimum amount of
water to the landscape for plant growth without causing soil erosion and runoff.
15. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office ofthe County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Planned Industrial Permit Amendment by said City
Planner's Approval Letter, dated May 23, 2012, 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 weli as any conditions or restrictions specified for inclusion in the
Notice of Restriction. The City Planner 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.
16. 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 City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner
of an Outdoor Storage Plan, and thereafter comply with the approved plan.
18. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or
property.
19. Parking shall be provided consistent with the parking requirements of Chapter 21.44 of the
Carlsbad Municipal Code.
PIP 89-10(B) - 2777 LOKER AVENUE WEST
May 23, 2012
Page 4
20. If not previously recorded, prior to the issuance of grading or building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be subject
to noise impacts from the Palomar Airport Road Transportation Corridor, in a form meeting the
approval of the City Planner and City Attorney (see Noise Form #1 on file in the Planning
Division).
21. If not previously recorded, prior to the issuance of building or grading 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 City Planner and the City Attorney (see Noise Form #2 on file in the
Planning Division).
22. If not previously recorded, prior to issuance of building permits, the Developer shall record an
Avigation Easement for the property to the County of San Diego and file a copy of the recorded
document with the City Planner.
23. 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 Division Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
24. A combination of trees and shrubs shall be maintained on the southerly slope of the property
along Palomar Airport Road to the satisfaction of the City Planner in order to screen the
loading portion of the building and roof from view on Palomar Airport Road.
25. Unless otherwise stated, this industrial project shall comply with all applicable City ordinances
and requirements.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a grading permit or a building
permit, whichever comes first.
26. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution treatment practices or devices, erosion control to prevent silt runoff
during construction, general housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices or devices to prevent or
reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance
system to the maximum extent practicable. Developer shall notify prospective owners and
tenants of the above requirements.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
27. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
PIP 89-10(B) - 2777 LOKER AVENUE WEST
May 23, 2012
Page 5
28. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
ofthe Carlsbad Municipal Code.
29. 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.
30. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
32. 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 City Planner 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 "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 questions, please call Van Lynch at (760) 602-4613.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:VL:bd
Jamie Thomas, Whiteflag, LLC, 2777 Loker Avenue West, Suite A, Carlsbad, CA 92009
Chris DeCerbo, Principal Planner
Van Lynch, Senior Planner
Associate Engineer
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