HomeMy WebLinkAboutCDP 97-35; Newton Business Center; Coastal Development Permit (CDP) (3)- City of Carlsbad
PLANNED INDUSTRIAL PERMIT
May 7, 1998
Industrial Developments International, Inc.
181 01 Von Karman Avenue, Suite 120
Irvine, CA 92612
SUBJECT: PIP 97-07 - NEWTON BUSINESS CENTER
The City has completed a review of the application for a Planned Industrial Permit
for development located at the terminus of Newton Drive in the P.M. zone.
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:
Findinus:
1.
2.
3.
4.
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.
The improvements indicated on the Planned Industrial Permit are located in
such a manner to be related to existing and proposed streets and highways.
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 this chapter. Due to the project's
proximity to existing and future residential development, the project is further
conditioned to prohibit uses which could cause the building to be classified
as hazardous or "H" occupancy per the requirements of the Uniform Building
Code except for flammable and/or combustible liquid storage.
The Planning Director has issued a Mitigated Negative Declaration based on
the findings of an EIA Part-ll conducted for the project in which it was determined
that this subsequent project was described in MElR 93-01 as within its scope
and that potentially significant biological impacts were identified and mitigation to
2075 La Palmas Dr. Carlsbad, CA 92009-1576 - (760) 438-1 161 - FAX (760) 438-0894 @
PIP 97-07 - NEWTON BUSINESS CENTER
MAY 7,1998
PAGE 2
reduce those impacts to less than significant levels was agreed to by the
applicant.
5. The Planning Director finds that all feasible mitigation measures or project
alternatives identified MElR 93-01 which are appropriate to this Subsequent
Project have been incorporated into this Subsequent Project.
6. The project is consistent with the City-Wide Facilities and Improvements Plan,
the applicable local facilities management plan and all City public facility policies
and ordinances since:
a. The project has been conditioned to ensure the building permits will not
be issued for the project unless the District Engineer determines that
sewer service is available, and building cannot occur within the project
unless sewer service remains available, and the District Engineer is
satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for
this project.
b. Statutory School fees will be paid to ensure the availability of school
facilities in the Carlsbad Unified School District.
c. All necessary public improvements have been provided or are required as
conditions of approval.
d. The Developer has agreed and is required by the inclusion of an
appropriate condition to pay a public facilities fee. Performance of that
contract and payment of the fee will enable this body to find that public
facilities will be available concurrent with need as required by the General
Plan.
7. The project has been conditioned to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
8. This project has been conditioned to comply with any requirement approved as
part of the Local Facilities Management Plan for Zone 5.
PIP 97-07 - NEWTON BUSINESS CENTER
MAY 7,1998
PAGE 3
Plannina Conditions:
1.
2.
3.
4.
5.
6.
7.
8.
Approval is granted for PIP 97-07 as shown on Exhibits “A - “I“, dated May 6,
1998 on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
cond it ions.
Approval of PIP 97-07 is granted subject to the approval of CDP 97-35 and HDP
97-18. PIP 97-07 is subject to all conditions contained in Resolutions Nos. 4279
and 4278 for the Coastal Development Permit (CDP 97-35) and Hillside
Development Permit (HDP 97-18), and 4277 for the Mitigated Negative
Declaration.
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.
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.
The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of
the Site Plan as approved by the final decision making body. The Site Plan shall
reflect the conditions of approval by the City. The Site Plan copy shall be
submitted to the Planning Director and approved prior to building, grading, final
map, or improvement plan submittal, whichever occurs first.
Building permits will not be issued for development of the subject property unless
the District Engineer determines that sewer facilities are available at the time of
PIP 97-07 - NEWTON BUSINESS CENTER
MAY 7,1998
PAGE 4
9.
10.
12.
13.
14.
15.
16.
17.
application for such sewer permits and will continue to be available until time of
occupancy.
The Developer shall pay the public facilities fee adopted by the City Council on
July 28, 1987, (amended July 2, 1991) and as amended from time to time, and
any development fees established by the City Council pursuant to Chapter 21.90
of the Carlsbad Municipal Code or other ordinance adopted to implement a
growth management system or Facilities and Improvement Plan and to fulfill the
subdivider’s agreement to pay the public facilities fee dated August 20, 1997, a
copy of which is on file with the City Clerk and is incorporated by this reference.
If the fees are not paid, this application will not be consistent with the General
Plan and approval for this project will be void.
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 Park-in-Lieu fee of $.40 per square foot shall be paid prior to the issuance
of building permits.
The Developer shall provide proof of payment of statutory school fees to mitigate
conditions of overcrowding as part of the building permit application. The
amount of these fees shall be determined by the fee schedule in effect at the
time of building permit application.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with
gates pursuant to City standards. 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.
An exterior lighting plan including parking areas shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
No outdoor storage of materials shall occur onsite unless required by the Fire
Chief. In such instance a storage plan will be submitted for approval by the Fire
Chief and the Planning Director.
The Developer shall submit and obtain Planning Director approval of a uniform
sign program for this development prior to occupancy of any building.
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.
PIP 97-07 - NEWTON BUSINESS CENTER
MAY 7,1998
PAGE 5
18.
19.
20.
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.
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 industrial 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.
The Developer shall prepare a detailed landscape and irrigation plan in
conformance with the approved Preliminary Landscape Plan and the City’s
Landscape Manual. The plans shall be submitted to and approval obtained from
the Planning Director prior to the approval of the final map, grading permit, or
building permit, whichever occurs first. The Developer shall construct and install
all landscaping as shown on the approved plans, and maintain all landscaping in
a healthy and thriving condition, free from weeds, trash, and debris. A solid
fast growing hedge around the parking lot perimeter shall be included on the
final landscape plans.
Prior to the issuance of the building permit, 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 (PIP 97-07) 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
h
, PIP 97-07 - NEWTON BUSINESS CENTER
MAY 7,1998
PAGE 6
21.
22.
23.
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.
Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
Uses which would cause the building to be classified as hazardous “H”
occupancy per the requirements of the Uniform Building Code (UBC),
except for flammable and/or combustible liquid storage, are strictly
prohibited. Future building and/or tenant improvement plans shall clearly
identify on the title sheet the UBC use classifications prior to issuance of
building permits.
In accordance with the recommendation of the “Cultural Resource Survey
Report” prepared by Gallegos & Associates dated April, 1997 for the
project, the intact portion of the site identified as W-I22 situated adjacent
and west of the project area shall be flaggedktaked for avoidance of
secondary impacts.
Enqineering
General
24. Prior to issuance of any building permit, the developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
25. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
FeedAgreements
26. Prior to issuance of a building permit, the property owner shall pay a one-time special
development tax in accordance with City Council Resolution No. 91 -39.
27. The developer shall pay all current fees and deposits required.
28. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
PIP 97-07 - NEWTON BUSINESS CENTER
MAY 7,1998
29.
30.
The owner shall execute a hold harmless agreement for geologic failure.
Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
Grading
31.
32 *
33.
34.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project will required. The developer must submit and
receive approval for grading plans in accordance with city codes and standards prior to
issuance of a building permit for the project.)
Prior to the issuance of a grading permit or building permit, whichever occurs first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
Water Resources Control Board.
Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan
is submitted to the City Engineer. The plan shall clearly show all the geology as exposed
by the grading operation, all geologic corrective measures as actually constructed and
must be based on a contour map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the engineering geologist. The plan
shall be prepared on a 24'' x 36" mylar or similar drafting film and shall become a
permanent record.
No grading for private improvements shall occur outside the limits of the project unless a
grading or slope easement or agreement is obtained from the owners of the affected
properties and recorded. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer must
either amend the site plan or modify the plans so grading will not occur outside the
project site in a manner which substantially conforms to the site plan as determined by
the City Engineer and Planning Director.
Dedicationsflmnrovements
35. Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
the City Engineer.
36. The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the site plan. The offer shall be
-4
PIP 97-07 - NEWTON BUSIPJESS CENTER
MAY 7,1998
PAGE 8
37.
38.
39.
40.
made prior to issuance of any building permit for this project. All land so offered shall be
granted to the City free and clear of all liens and encumbrances and without cost to the
City. Streets that are already public are not required to be rededicated.
Newton Drive shall be dedicated by the owner along the project frontage as shown on the
site plan and in conformance with City of Carlsbad Standards.
Drainage from this project shall comply with previous studies and requirements regarding
peak storm water runoff. Prior to approval of a grading permit a drainage plan shall be
approved by the City Engineer. Additional improvements may be required to satisfy this
condition.
The developer shall comply with the City's requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the "California Storm Water Best Management
Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
such fluids shall not be discharged into any street, public or private, or into
storm drain or storm water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such
chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer shall install, or agree to install and secure with appropriate security as provided
by law, improvements shown on the site plan and the following improvements:
0 Newton Drive Cul-de-sac
PIP 97-07 - NEWTON BUSNESS CENTER
MAY 7,1998
PAGE 9
41.
42.
43.
0 Utility improvements as needed
Improvements listed above shall be constructed within 18 months of approval of the
secured improvement agreement or such other time as provided in said agreement.
The developer shall install street lights along all public and private street frontages in
conformance with City of Carlsbad Standards.
The developer shall install sidewalks along all public streets abutting the project in
conformance with City of Carlsbad Standards prior to occupancy of any buildings.
The structural section for the access aisles must be designed 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
as part of the building site plan review.
Water:
44. The entire potable water system, reclaimed water system and sewer system
shall be evaluated in detail to insure that adequate capacity, pressure and flow
demands can be met.
45. The Developer shall be responsible for all fees, deposits and charges which will
be collected before and/or at the time of issuance of the building permit. The San
Diego Water Authority capacity charge will be collected at issuance of application
for meter installation.
46. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshall and establish the fire protection
requirements. Also obtain G.P.M. demand for domestic and irrigational needs
from appropriate parties.
b. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
c. Prior to the preparation of sewer, water and reclaimed water improvement
plans, a meeting must be scheduled with the District Engineer for review,
comment and approval of the preliminary system layouts and usages (i.e.,
GPM-EDU).
PIP 97-07 - NEWTON BUSINESS CENTER
MAY 7,1998
PAGE 10
Fire:
47.
48.
49.
50.
51.
52.
53.
54.
55.
Prior to issuance of building permits, the Fire Department shall evaluate building
plans for conformance with applicable fire and life safety requirements of the
state and local Fire Codes.
Provide additional public fire hydrants at intervals of 300 feet along public streets
and private driveways. Hydrants should be located at street intersections when
possible, but should be positioned no closer than 100 feet from terminus of a
street or driveway.
Applicant shall submit a site plan to the Fire Department for approval, which
depicts location of required, proposed and existing public water mains and fire
hydrants. The plan should include off-site fire hydrants within 200 feet of the
project.
Applicant shall submit a site plan depicting emergency access routes, driveways
and traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency service
vehicles shall be provided and maintained during construction. When, in the
opinion of the Fire Chief, the access road has become unserviceable due to
inclement weather or other reasons, he may, in the interest of public safety,
require that construction operations cease until the condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operational
before combustible building materials are located on the construction site.
Prior to final inspection, all security gate systems controlling vehicular access
shall be equipped with a “Knox”, key-operated emergency entry device.
Applicant shall contact the Fire Prevention Bureau for specifications and
approvals prior to installation.
Prior to building occupancy, private roads and driveways which serve as required
access for emergency service vehicles shall be posted as fire lanes in
accordance with the requirements of section 17.04.020 of the Carlsbad Municipal
Code.
Prior to issuance of the building permit, the applicant shall obtain fire department
approval of ,a wildland fuel management plan. The plan shall clearly indicate
methods proposed to mitigate and manage fire risk associated with native
vegetation growing within 60 feet of structures. The plan shall reflect the
PIP 97-07 - NEWTON BUSlNESS CENTER
MAY 7,1998
PAGE 11
56.
57.
standards presented in the fire suppression element of the City of Carlsabd
Landscape Guidelines Manual.
All buildings having an aggregate floor area in excess of 10,000 square feet
must be protected by automatic fire sprinkler systems. Plans and specifications
must be approved by the Fire Department, and a permit obtained prior to
installation.
An approved automatic fire sprinkler system shall be installed in buildings
having an aggregate floor area exceeding 10,000 square feet.
STANDARD CODE REMINDERS
58.
59.
60.
61.
62.
63.
64.
NOTE: The project is subject to all applicable provisions of local ordinances,
including but not limited to the following code requirements:
The Developer shall pay a landscape plan check and inspection fee as required
by Section 20.08.050 of the Carlsbad Municipal Code.
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.
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 conditions, 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.
The developer shall exercise special care during the construction phase of this
Project to prevent off-site siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer.
PIP 97-07 - NEWTON BUSIflESS CENTER
? MAY 7,1998
PAGE 12
If you have any questions, please call Anne Hysong at (760) 438-1 161, extension
4477.
CITY OF CARLSBAD
GARY E. WAYNE
Assistant Planning Director
GEW:AH:mh
C: Frank Jimeno
Bobbie Hoder
Cynthia Haas
Data Entry
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