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HomeMy WebLinkAboutPIP 11-01; Production Facility at Bressi Ranch; Planned Industrial Permit (PIP)<C^^ CITY OF V (CARLSBAD Planning Division www.carlsbadca.gov PLANNED INDUSTRIAL PERMIT Decembers, 2011 Peter Bussett Smith Consulting Architects 12220 El Camino Real San Diego, CA 92130 SUBJECT: PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH The City has completed a review of the application for a Planned Industrial Permit for the development of Lot 10 of CT 05-09 located in Planning Area 5 of the Bressi Ranch Master Plan. The project includes development of a 37,050 square foot two-story multi-tenant industrial shell building, 118 parking spaces, and 2,224 square feet of employee eating area. The industrial shell building will function as a production and distribution facility for the Pizza Port restaiirant chain and Pizza Port Brewing Company. The floor plans divide the space into three sepeu-ate suites (Suites A, B, and C). Pizza Port will initially occupy Suite A (23,573 sq. ft.), which will consist of an 18,373 sq. ft. ground floor and 5,000 sq. ft. second floor. The remaining single-story Suite B (6,846 sq. ft.) and Suite C (6,613 sq. ft.) total 13,477 sq. ft. and will be leased as spec until Pizza Port is able to expand its operations into these two areas. It is the Plaiming 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: Findings: That the site indicated by the Planned Industrial Permit (PIP 11-01) 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 Chapter 21.34 in that the project site as designed and conditioned will accommodate the multi-tenant industrial shell building; is consistent with the Bressi Ranch Master Plan, and all required setbacks, parking standards, landscaping requirements, and other amenities required by the applicable City regulations and development standards. That the improvements indicated on the Planned Industrial Permit (PIP 11-01) are located in such a manner to be related to existing and proposed streets and highways in that the 37,050 sq. ft. multi-tenant industrial shell building does not require any additional access points to the site other than those already approved within the Bressi Ranch Industrial Area and approved in accordance with City Engineering Standards. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH Decembers, 2011 Page 2 3. That the improvements as shown on the Planned Industrial Permit (PIP 11-01) are consistent with the intent and purpose of the Planned Industrial zone and all adopted development, design and performance standards as set forth in Chapter 21.34 in that the proposed development consists of a 37,050 sq. ft. multi-tenant industrial shell building, which conforms to the building height, setbacks, lot coverage, and design criteria of the Planned Industrial (P-M) Zone (Chapter 21.34 of the Zoning Ordinance) and the Bressi Ranch Master Plan (Industrial/Office Development Standards & Design Guidelines). 4. The Plarming Director has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178), a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)]; and/or b. this project is consistent with the Master Plan cited above; and c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City Council on July 9,2002 in coimection with the prior project or plan; and d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and f. The Planning Director finds that all feasible mitigation measures or project altematives identified in the EIR 98-04, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 5. That the Planning Director finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, in that the proposed development consists of a 37,050 sq. ft. industrial shell building for multi-tenant industrial uses located within the P-M Zone, which implements the Planned Industrial (P-I) General Plan Land Use Designation applied to the property. 6. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide fiinding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govenmient administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH December 8, 2011 Page 3 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 17 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. d. A growth management park fee of $0.40 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. 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.128.020 and Landscape Manual Section IB). 8. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport (adopted on April 22, 1994 and amended on October 4, 2004) in that the Federal Aviation Administration (FAA) completed an aeronautical study under the provisions of the Code of Federal Regulations, Part 77, (issued November 18, 2011), which resulted in a determination that proposed project does not exceed obstruction standards, would not be a hazard to air navigation, and no special lighting or markings on the buildings are necessary for aviation safety. Furthermore, where Suites B and C of the project are impacted by the Flight Activity Zone, all assembly areas defined as Group-A by the 2001 California Building Code is limited to a maximum occupancy of 100 persons. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the property is located outside of the 60 dB(A) CNEL contour. 9. That the Planning Director 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 of the 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 grading or building permit, whichever occurs first. 1. Approval is granted for Planned Industrial Permit (PIP 11-01) as shown on Exhibits "A" - "M", dated December 7, 2011, on file in the Plaiming Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH December 8, 2011 Page 4 2. All uses established in this structure shall be consistent with Section 21.34.020 (Permitted Uses). 3. 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 fiirther condition issuance of all future building permits; deny, revoke or fiirther 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 of this Planned Industrial Permit. 4. 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 intemally 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. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building pennit issuance. 6. If any condition for constmction 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 detennined 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. 7. 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. 8. Developer shall submit to the Planning Division a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH Decembers, 2011 Page 5 9. 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. 10. 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 $0.40 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. 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 12. 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 pennit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Inigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall constmct 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. 14. 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. 15. 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 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 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 Planning Director 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. 16. Developer shall constmct 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 PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH Decembers, 2011 Page 6 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 17. No outdoor storage of materials (excluding the 2 grain silos) 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. 18. 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 homes or property. 19. 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 Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Division). 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and sfreets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Commvmity Development and Planning. 21. Unless otherwise stated, this industrial project shall comply with all applicable City ordineuices and requirements. 22. All assembly areas in Suites B and C, defined as Group "A" by the 2001 California Building Code, shall be limited to a maximum occupancy of 100 persons. This restriction applies to all permitted uses, ancillary uses, and uses allowed by Conditional Use Permit. 23. Pennisetum setaceum shall be replaced with a non-invasive plant species on the Final Landscape Plans as approved by the Planning Director. Engineering: General 24. Prior to hauling dirt or constmction materials to or from any proposed constmction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 25. 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 permit issuance and will continue to be available until time of occupancy. PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH Decembers, 2011 Page 7 26. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans or grading plans, whichever occurs first. 27. The developer shall provide proof of a recorded private reciprocal access agreement with the adjacent property owner to the west. Fees/Agreements 28. 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. 29. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 30. Developer shall cause property owner to process, execute and submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-constmction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this project. 31. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. Grading 32. 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, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 33. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 34. 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. 35. Prior to the issuance of grading permit or building permit, whichever occurs first. PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH Decembers, 2011 Pages , developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with cun-ent 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 constmction 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. 36. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonsfrate how this project meets new/current storm water freatment 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. 37. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP) compliance with storm water requirements to the satisfaction of the city engineer. 38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Dedications/Improvements 39. 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 of the city engineer. These improvements include, but are not limited to: A. Onsite public potable water lines and appurtenances as shown on the site plan. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constmcted within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 40. Developer shall design, and obtain approval from the city engineer, the stmctural section for the access aisles with a fraffic index of 5.0 in accordance with city standards due to PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH December 8,2011 Page 9 tmck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final stmctural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Utilities 41. 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 of the district engineer. 42. Developer shall design and constmct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 43. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for cormection to public facilities. 44. 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 Department for processing and approval by the district engineer. 45. 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. 46. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 47. The developer shall design and constmct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the disfrict engineer and city engineer. 48. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. Code Reminders 49. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 50. 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. 51. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the Califomia Building Code. 52. Premise identification (addresses) shall be provided consistent with Carlsbad Mimicipal Code Section 18.04.320. PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH December 8, 2011 Page 10 53. 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. 54. 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 map are for planning purposes only. 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 Govemment 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 Jason Goff at (760) 602-4643. Sincerely, CHRIS DeCERBO Principal Planner CD:JG:bd c: Roncelli Family Trust (VDT 1-28-97), 330 W. Duarte Road, Monrovia, CA 91016 Marsaglia Properties, LLC, P.O. Box 1697, Carlsbad, CA 92018 Don Neu Michele Masterson Tecla Levy Chris DeCerbo Data Entry/DMS File Copy