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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 @ c PIP 02-03 - CARLSBAD JFFICE PARK August 13,2002 Paqe 2 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 . c- PIP 02-03 - CARLSBAG JFFICE PARK August 13,2002 Paqe 3 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 - PIP 02-03 - CARLSBAL JFFICE PARK August 13,2002 Paae 4 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. PIP 02-03 - CARLSBAG aFFICE PARK August 13,2002 Paae 5 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 - PIP 02-03 - CARLSBAG JFFICE PARK August 13,2002 Paae 6 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. PIP 02-03 - CARLSBAL JFFICE PARK August 13,2002 Pacle 7 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. PIP 02-03 - CARLSBAL dFFICE PARK August 13,2002 Paae 8 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. . - PIP 02-03 - CARLSBAG JFFICE PARK August 13,2002 Paae 9 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. # c PIP 02-03 - CARLSBAL JFFICE PARK August 13,2002 3 Paae 10 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 Data Entry File Copy