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HomeMy WebLinkAboutPIP 05-23Ax2; Bressi Ranch PA 4 Business Center; Planned Industrial Permit (PIP)CITY OF V (CARLSBAD Planning Division www.carlsbadca.gov May 7, 2012 Project Management Advisors, Inc. Attn: Jeff Sobczyk 462 Stevens Avenue Suite 107 Solana Beach, CA 92075 SUBJECT: PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER The City has completed a review ofthe application for a Planned Industrial Permit Extension to allow for a 36 month time extension for the development of six (6) two-story office buildings ranging from 45,000 - 56,000 square feet with a total floor area of 300,000 square feet on an 18.01 acre site (Bressi Ranch Planning Area 4, Lots 29-32), generally located south of Palomar Airport Road, east of Colt Place, west of El Fuerte Street and north of Gateway Road. It is the City Planner's determination that the project IS consistent with the City's Planned Industrial Zone regulations (Chapter 21.34) and with all other applicable City ordinances and policies. The City Planner, therefore, APPROVES this request based on the following: Findings: 1. The adopted findings for PIP 05-23(A) and PIP 05-23(A)xl, which are contained in the Planning Director's approval letters, dated February 7, 2008 and May 18, 2009, apply to this extension and are incorporated by this reference. 2. That the City Planner has reviewed each of the exactions imposed on the Developer contained in this letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit or grading permit, whichever shall occur first. 1. All of the conditions within this letter shall supersede all of the conditions within the Planning Director's Determination Letters dated February 7, 2008 and May 18, 2009 forthe approval of PIP 05-23(A) and PIP 05-23(A)xl. 2. Development shail occur substantially as shown on the approved exhibits PIP 05-23(A) - Bressi Ranch PA 4 Business Center Exhibits "A" - "00," dated May 8, 2006 on file in the Planning Division. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER May 7, 2012 Page 2 3. Planned Industrial Permit Extension, PIP 05-23(A)x2 is granted for a period of 36 months from May 8, 2012, to May 7, 2015, and shall become null and void if building permits are not issued within this time period. 4. Unless otherwise stated herein, this project shall comply with all applicable City Ordinances and requirements. 5. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted Uses). 6. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; record a notice of violation on the property title; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval ofthis Planned Industrial Permit Extension. 7. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Industrial Permit Amendment, PIP 05-23(A) 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. 8. Developer shall comply with ali applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 9. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 10. Developer/Operator shali 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 Extension, PIP 05- 23(A)x2, (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 ofthe facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. 11. Developer shall submit to Planning Division a reproducible 24" x 36," mylar copy ofthe Master Site Plan and Partial Site Plans reflecting the conditions approved by the final decision making PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER May 7, 2012 Page 3 body. The Site Plan shall be modified to include Low Impact Design (LID), per the latest SUSMP and as approved by the City Engineer. 12. Prior to the issuance of a building permit, the Developer shall provide proof to the City Planner from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 13. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. 14. 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 avaiiabie until the time of occupancy. 15. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 17. Prior to the issuance of the Building Permits, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office ofthe County Recorder, subject to the satisfaction ofthe City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Industrial Permit Extension by said City Planner's Approval Letter, dated May 7, 2012, on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER May 7, 2012 Page 4 19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 20. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. This exterior lighting plan shall include a photometric analysis that shows no light glare outside of the property boundaries. 21. Prior to the issuance of grading or building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the Palomar Airport Road Transportation Corridor, in a form meeting the approval of the City Planner and City Attorney (see Noise Form #1 on file in the Planning Division). 22. Prior to the issuance of building or grading permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the Planning Division). 23. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Division Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 24. Unless otherwise stated, this industrial project shall comply with all applicable City ordinances and requirements. 25. The Developer shall provide a Notice of Proposed Construction or Alteration to the Federal Aviation Administration (FAA) and McClellan-Palomar Airport consistent with the FAA Determination of No Hazard to Air Navigation Issued on May 4, 2006 (Aeronautical Study Numbers 2006-AWP-480-OE, -481-OE, -482-OE, -483-OE, -484-OE, and -485-OE). This notification shall be provided at the time outlined in the above FAA determination and shall identify if the use of construction equipment on the project site will temporarily exceed the maximum height guidelines established by the Determination of No Hazard to Air Navigation. 26. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Bressi Ranch Master Plan Final EIR 98-04, contained In Planning Commission Resolution No. 5201. Engineering: Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a grading permit or a building permit, whichever comes first. General 27. 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. PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER May 7, 2012 Page 5 28. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the city engineer and the Carlsbad Municipal Water District district engineer, respectively, have determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 29. Prior to the approval of a grading permit or a building permit, whichever comes first, the developer shall complete processing of a lot line adjustment between Lots 29, 30, 31 and 32 to consolidate the four existing lots into one legal lot, as shown on the site plan. 30. Developer shall install sight distance corridors at all street intersections and driveway intersections in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 31. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Geologic Failure Hold Harmless Agreement. 32. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 33. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 34. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private enhanced pavement located over proposed public easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. . 35. Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject project in accordance with law governing the associated Assessment District 2002-01 (Poinsettia Lane East), or the assessments must be paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the city engineer with the application for the final map. 36. The subject property is within the boundaries of Assessment District No. 2002-01 (Poinsettia Lane East). The owner of this property has previously executed a Special Assessment District Disclosure Agreement with the city. Said Agreement contains provisions requiring the current owner and any subsequent owner(s) to provide notice to potential buyers of the amount of the assessment and other provisions and requires owner to have each buyer receive, execute and deposit into escrow a Notice of Special Assessment and Prepayment Option Agreement. In the event that owner does not have the buyer execute the Notice of Special Assessment and Prepayment Option Agreement prior to close of escrow, the assessment on the subject property must be paid off in full by owner. PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER May 7, 2012 Page 6 Grading 37. 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 prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grad Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 38. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 39. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 40. This project is subject to 'Priority Development Project' requirements. The Preliminary Storm Water Management Plan dated January 11, 2006 is sufficient for discretionary review only. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 41. Developer acknowledges hydromodification (runoff reduction) requirements impact how this project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer. 42. Developer is responsible to ensure that all final design pians (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, hydromodification measures, and Low Impact Design (LID) facilities. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with hydromodification requirements per the city's SUSMP, latest PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER May 7, 2012 Page 7 version. Documentation shall be included within the Storm Water Management Plan (SWMP). Dedications/Improvements 43. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 44. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction ofthe city engineer. These improvements include, but are not limited to: A. Public water main and fire hydrants. B. Removal of existing public water services and appurtenances not utilized by this development. C. Construction of traffic circle(s) along Gateway Road at locations approved by the city engineer. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 45. Prior to issuance of building permits, developer shall install separate private sewer services to each building proposed by this development. Sewer services shall be provided to the satisfaction of the city engineer. 46. Developer shall design, and obtain approval from the city engineer, 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. Prior to completion of grading, the final structural pavement design ofthe aisle ways shall be submitted together with required R-value soil test information subject to the review and approval ofthe city engineer. Utilities 47. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction ofthe district engineer. 48. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the Carlsbad Municipal Water District or the City of Carlsbad. At the discretion of the district engineer or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER May 7, 2012 Page 8 49. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 50. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Division for processing and approval bythe district engineer. 51. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 52. The developer shall install private sewer laterals, manholes and clean-outs at locations approved by the city engineer. The locations of private sewer laterals shall be reflected on public improvement plans or building plans. 53. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. 54. The developer shall provide separate potable water meters for each building within this project. 55. The developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction ofthe district engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 56. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 57. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 ofthe Carlsbad Municipal Code. 58. 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. 59. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 ofthe California Building Code. 60. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. PIP 05-23(A)x2 - BRESSI RANCH PA 4 BUSINESS CENTER May 7, 2012 Page 9 61. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. If you have any questions, please call Chris Garcia at (760) 602-4622. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:bd HCP LS Carlsbad, LLC 3760 Kilroy Airport Way, Suite 300, Long Beach, CA 90806 Chris DeCerbo, Principal Planner Van Lynch, Senior Planner Jeremy Riddle, Associate Engineer Data Entry/DMS File Copy