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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 File Copy