HomeMy WebLinkAboutPIP 02-03; Carlsbad Office Park; Planned Industrial Permit (PIP)I
City of Carlsbad
PLANNED INDUSTRIAL PERMIT
August 13,2002
Richard Boureston
5500 Trabuco Road, Suite 100
Irvine, CA 92620
SUBJECT: PIP 02-03 - CARLSBAD OFFICE PARK
The City has completed a review of the application for a Planned Industrial Permit for
the development located at the northeast corner of Corte Del Nogal and Camino Vida
Roble in the Local Facilities Management Zone 5. The property is also identified as
APN 21 3-061 -25-00.
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 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
buildings, required parking spaces and landscaping fit within the
developable area of the lot and all applicable development standards can
be met.
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 proposed development gains access directly from Corte Del Nogal in
accordance with City Engineering Standards.
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 Zoning Ordinance, in
that the proposed development conforms to the building height, setbacks,
lot coverage, and design criteria of the P-M zone (Chapter 21.34 of the
Zoning Ordinance).
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
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @
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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, is in
conformance with the Elements of the City’s General Plan and Palomar Airport
Industrial Park Specific Plan (SP 145) in that the industrial project conforms
to the General Plan land use designation of Planned Industrial, and the
proposal meets all of the applicable development standards contained in
SP 145.
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; 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 Unified
School District that the project has satisfied its obligation for school facilities.
b. 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.
c. 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. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that the project is located
outside the 60 CNEL noise contour. The project is compatible with the
projected noise levels of the CLUP; and, based on the noisehand use
compatibility matrix of the CLUP, the proposed land use is compatible with the
airport, in that the project is located outside the 60 CNEL noise contour.
8. That the project is consistent with the City’s Landscape Manual (Carlsbad
Municipal Code Section 14.28.020 and Landscape Manual Section I 8).
9. 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 .
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project, and the extent and the degree of the exaction is in rough proportionality
to the impact caused by the project.
Conditions:
Note:
1.
2.
3.
4.
5.
6.
7.
0.
Unless otherwise specified herein, all conditions shall be satisfied prior to
grading or building permit, whichever occurs first.
Approval is granted for PIP 02-03 as shown on Exhibits “A” - “L” dated August
13, 2002 on file in the Planning Department and incorporated herein by
reference. Development shall occur substantially as shown unless otherwise
noted in these conditions.
All uses established in this structure shall be consistent with Section 21.34.020
(Permitted Uses).
All roof appurtenances shall be shielded from view and architecturally integrated
with the building design.
Unless otherwise stated, this industrial project shall comply with all applicable
City ordinances and requirements.
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.
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.
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
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9.
10.
11.
12.
13.
14.
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, (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.
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 Carlsbad Unified 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 project is conditioned to pay the Local Facilities Management Zone fee for
Zone 5 for the provision of park land
b. the project is conditioned to satisfy its obligation to provide school facilities
through the payment of school fees.
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.
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.
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15.
16.
17.
18.
19.
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.
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 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.
Prior to the issuance of the building permit or grading permit, whichever
occurs first, 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 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
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20.
21.
22.
23.
24.
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 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 properties.
Prior to the issuance of grading or building permit, 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).
The developer shall install employee eating area furniture prior to building
occupancy.
Enqineerinq:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this Planned Industrial Permit, must be met prior to approval of a building or
grading permit whichever occurs first.
General
25. Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, Developer shall apply for and obtain approval
from, the City Engineer for the proposed haul route.
26. Prior to issuance of any building permit, Developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when
such a program is formally established by the City.
27. Developer shall install sight distance corridors at all street intersections in
accordance with Engineering Standards.
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28. Developer shall comply with the project’s “Standard Urban Stormwater
Management Plan” prepared July 28, 2002 and on file with the City. As
stated in the Plan, the proposed Continuous Deflective Separation Unit
shall be equipped with Oil Sorbent Material unless an a!ternative
application for hydrocarbon removal is used and approved by the City
Engineer.
Gradinq
29. Based upon a review of the proposed grading and the grading quantities shown
on the site plan, a grading permit for this project is required. Developer shall
apply for and obtain a grading permit from the City Engineer prior to issuance of
a building permit for the project.
Dedications/lmprovements
30. Developer shall cause Owner to make an irrevocable offer of dedication to the
City and/or other appropriate entities for all public streets and other easements
shown on the site plan. The offer shall be made by separate recorded document.
All land so offered shall be offered free and clear of all liens and encumbrances
and without cost. Streets that are already public are not required to be ,
rededicated.
31. Additional drainage easements may be required. Developer shall dedicate and
provide or install drainage structures, as may be required by the City Engineer,
prior to or concurrent with any grading or building permit.
32. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law,
public improvements shown on the site pladgrading plan and the following
improvements including, but not limited to:
a) Sidewalk,
b) A pedestrian ramp at the intersection of Camino Vida Roble and Corte
Del Nogal,
c) Grading, clearing and grubbing,
d) Installation of sewer and water facilities,
e) Fire hydrants,
f) Retaining walls.
Said improvements shall be installed to City Standards to the satisfaction of
the City Engineer.
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33.
34.
Improvements listed above shall be constructed within 18 months of approval of
the subdivision or development improvement agreement or such other time as
provided in said agreement.
Prior to occupancy, developer shall have design, apply for and obtair! approval
of the City Engineer, for the structural section for the access aisles 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 Engineer as part of the
building or grading plan review whichever occurs first.
Prior to the issuance of building permits, the developer shall provide the
City with proof that SDG&E has granted permission to grade within their
easement as shown on the grading plan.
Special Conditions
35. The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the site plan are for planning purposes only. Developer shall pay
traffic impact and sewer impact fees based on Section 18.42 and Section 13.1 0
of the City of Carlsbad Municipal Code, respectively.
Water/Se wer
36.
37.
38.
39.
40.
The Developer shall design and construct public facilities within public right-of-
way or within minimum 20-feet wide easements granted to the District or the City
of Carlsbad. At the discretion of the District Engineer, wider easements may be
required for adequate maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and
charges for connection to public facilities. Developer shall pay the San Diego
County Water Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this
map to the Planning Department for processing and approval by the District
Engineer.
The Developer shall design landscape and irrigation plans utilizing recycled
water as a source. Said plans shall be submitted to the satisfaction of the District
Engineer.
The Developer shall install potable water and recycled water services and meters
at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans.
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41.
42.
43.
44.
45.
46.
The Developer shall install sewer laterals and clean-outs at a location approved
by the District Engineer. The locations of sewer laterals shall be reflected on
public improvement plans.
The Developer shall design and construct public water, sewer, and recycled
water facilities substantially as shown on the grading plan to the satisfaction of
the District Engineer. Proposed public facilities shall be reflected on public
improvement plans.
This project is approved upon the express condition that building permits will not
be issued for the development of the subject property, unless the District
Engineer has determined that adequate water and sewer facilities are available
at the time of occupancy.
Prior to issuance of building permits, the entire potable water, recycled water,
and sewer system shall be evaluated in detail to ensure that adequate capacity,
pressure, and flow demands can be met to the satisfaction of the District
Engineer.
A fire flow system shall be required for this industrial development and it shall be
constructed as a looped system. The Developer shall complete the looped water
system by tying into the existing waterline system on Corte Del Nogal and
Camino Vida Roble to the satisfaction of the District Engineer.
The Developer shall coordinate with the District Engineer regarding the looped
system and easements.
Code Reminders:
47.
48.
49.
50.
The Developer shall pay a landscape plan check.and inspection fee as required
by Section 20.08.050 of the Carlsbad Municipal Code.
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 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.
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51. 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 Saima Qureshy at (760) 602-461 9.
WARYE. WAYNE/
Assistant Planning Director
C: David Rick Cynthia Haas
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