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2011-12-07; Planning Commission; ; CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH
The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 7, 2011 Application complete date: October 24, 2011 Project Planner: Jason Goff Project Engineer: Tecla Levy SUBJECT: CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH - Request for a determination that the project is within the scope of the previously certified Bressi Ranch Master Plan Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and the approval of a Conditional Use Permit to allow a 3,451 square foot restaurant with an 849 square foot outdoor dining area as an ancillary commercial use in a 37,050 square foot production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company, on property generally located north of Gateway Road, south of Palomar Airport Road, and east of El Fuerte Street, on Lot 10 of CT 05- 09 within Planning Area 5 of the Bressi Ranch Master Plan and the Local Facilities Management Zone 17. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6841 APPROVING of a Conditional Use Permit (CUP 11-05), based on the fmdings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a Conditional Use Permit (CUP) to allow for a 3,451 sq. ft. restaurant with an 849 sq. ft. outdoor dining area as an ancillary commercial use in a 37,050 sq. ft. production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company. The project site is located on previously graded Lot 10 of CT 05-09 in Planning Area 5 of the Bressi Ranch Master Plan (BRMP); is approximately 2.8 acres in size; and is bounded by Palomar Airport Road to the north. Gateway Road to the south, El Fuerte Street to the west, and Gateway Road to the east. The site has a General Plan Land Use designation of Planned Industrial (PI), is zoned Planned Industrial (P-M), and is within the Airport Influence Area and Flight Activity Zone of the McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP) adopted on April 22, 1994 and later amended on October 4, 2004. Restaurants are a conditionally permitted use in the P-M Zone and require the processing of a CUP subject to the approval of the Plaiming Commission. Development of the 37,050 sq. ft. production facility requires the approval of a Planned Industrial Permit (PIP 11-01), which is an administrative permit and will be acted upon by the Planning Director subsequent to the Planning Commission's action on the CUP. A draft approval letter for PIP 11-01 is attached to this report. CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 2011 Page 2 The project is consistent with all applicable plans, standards, ordinances and policies, and all the required fmdings to approve the CUP for the proposed ancillary restaurant use can be made. III. PROJECT DESCRIPTION AND BACKGROUND The applicant is proposing to construct a two-story 37,050 sq. ft. industrial shell building by way of a Planned Industrial Permit (PIP) that will ftinction as a production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company. This production facility will house brewing & canning operations, produce bulk quantities of dough and other ingredients for the Pizza Port restaurant chain, and will also afford training opportunities for the Pizza Port restaurant staff As an ancillary use to the production facility, Pizza Port is requesting Plarming Commission approval of a Conditional Use Permit (CUP) to operate a restaurant out of the facility. The proposed restaurant use will occupy 3,451 sq. ft. of the total building area and will include an 849 sq. ft. outdoor dining area. The proposed restaurant intends to serve both food and beer produced on the premises. The menu will include beer and non-alcoholic beverages, pizza, salads, appetizers and ice cream made fresh at the facility. The restaurant proposes to operate daily from 11 a.m. to midnight. The 2.8 acre Lot 10 is a previously graded lot with access provided off of Gateway Road by way of an existing shared driveway with the adjacent Spectrum Flex office park. The production facility housing the proposed restaurant use is 37,050 sq. ft. in total area and consists of a 32,050 sq. ft. ground floor and a 5,000 sq. ft. second floor. The floor plans divide the space into three separate 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. The proposed building consists of concrete tilt-up construction and utilizes a composition of contrasting paint colors, offset wall planes with angular shapes for visual interest, painted steel canopies at building entries, and grey tinted window glazing outlined by white window frames. Parking for the project will be provided on-site in the form of surface parking. To accommodate the combined uses, the site plan for the project is providing 118 parking spaces onsite. Of those, 84 are standard parking spaces, 26 are compact spaces, and 5 are ADA accessible spaces. IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable City regulations, ordinances and policies. The proposed project is subject to the following regulations: A. Planned Industrial (PI) General Plan Land Use designation; B. Bressi Ranch Master Plan, Planning Area 5 (MP 178); C. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34); D. Conditional Use Permit Regulations (C.M.C. Chapter 21.42); E. Parking Ordinance (C.M.C. Chapter 21.44); F. McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP); and G. Growth Management Regulations. CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 2011 Page 3 The project's compliance with each of the above regulations is discussed in the sections below. A. General Plan - Planned Industrial (PI) Land Use designation The General Plan Land Use designation for the site is Plarmed Industrial (PI), which allows for manufacturing, warehousing, storage, research and development, and utility uses. The proposed planned industrial project is consistent with the General Plan Industrial Land Use goal of developing light, pollution free industries that provide a reasonable tax base and a balance of opportunities for employment of local residents. The proposed 37,050 sq. ft. industrial building, which will ftmction as a production and distribution facility for the Pizza Port restaurant chain and Pizza Port Brewing Company, is entirely consistent with the PI Land Use designation. In addition, pursuant to General Plan Land Use Element, Industrial Implementing Policy C.9, ancillary commercial uses, such as restaurants, are allowed by Conditional Use Permit when oriented to support industrial developments and their populations. As an ancillary commercial use. Pizza Port is proposing through approval of a CUP to operate a small restaurant in conjunction with their production facility that will serve food and beer produced on the premises. The project site is centrally located within Planning Area 5 of the Bressi Ranch industrial area and is also within close walking distance of the Bressi Ranch residential community. The project's location makes it convenient for both employees of the surrounding industrial developments and also the residents of Bressi Ranch to access and utilize the restaurant. The Bressi Ranch Master Plan was found to comply with the applicable General Plan Goals, Objectives and Policies. The project is in conformance with the Master Plan and is therefore also in compliance with the General Plan. B. Bressi Ranch Master Plan (MP 178) The project site is located within Planning Area 5 of the Bressi Ranch Master Plan (MP 178) and is designated (Land Use and Zoning) as Planned Industrial. According to the Master Plan, allowed uses within Planning Area 5 include office, research and development, light manufacturing and warehousing, and also includes all uses identified in C.M.C. Chapter 21.34 (P-M Zone). The proposed office, manufacturing, and warehousing uses associated with the production facility are consistent with the goals of the Master Plan for Plarming Area 5 and are also permitted by the P-M Zone. The proposed restaurant, as an ancillary commercial use to the production and distribution facility, is considered a conditionally permitted use in the P-M Zone and requires Planning Commission approval of a CUP subject to the provisions of C.M.C. Chapter 21.42. Compliance with the provisions of C.M.C. Chapter 21.42 is discussed below in Section D of this report. While the proposed production facility will be subject to approval of a subsequent PIP by the Planning Director, staff has included within this report a discussion of how this building complies with the Master Plan and the PM Zone for sake of information. As designed, the massing, orientation, and architecture of the proposed building complies with the industrial/office design criteria in accordance with the Master Plan. All loading docks, outdoor storage areas, and reftise collection areas visible from Palomar Airport Road are CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 2011 Page 4 appropriately screened through the addition of on-site landscaping, building orientation, screen walls, and trash enclosures. Lastly, in accordance with the Master Plan, all development within Planning Area 5 is required to comply with the development standards of the P-M Zone (C.M.C. 21.34). Compliance with the P-M Zone development standards is discussed below in Section C of this report. C. Planned Industrial (P-M) Zone (C.M.C. Chapter 21.34) The Bressi Ranch Master Plan states that all development in Planning Area 5 shall comply with the development standards of the Plarmed Industrial (P-M) Zone (C.M.C. 21.34). Development of the production facility complies with all of the applicable development standards for the zone as shown in Table 1 below: TABLE 1 - P-M ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED PROPOSED COMPLY Building Height No building in the P-M Zone shall exceed a height of 35 feet or three levels. Allowed height protrusions shall not exceed 45 ft. as described in Section 21.46.020 of the Carlsbad Municipal Code. No portion of the building is greater in height than two levels. The roof height of the building is a maximum of 28 ft. as measured from the finished pad grade to the highest point of the roof ridge. The building includes a parapet ranging in height firom 31 ft. to 32 ft. In addition, two architectural tower features extend to a height of 38 ft. along the south and west building elevations. According to Section 21.46.020 of the Carlsbad Municipal Code, parapet walls, architectural features and/or towers may be erected above the height limits prescribed (35 ft.) provided they do not exceed 45 ft. Yes Setbacks Front and Street Side Yards on Prime, Major and Secondary Streets: 50 ft. minimum, fiilly landscaped and irrigated Palomar Airport Road is considered a prime arterial according to the Circulation Element of the General Plan. The project is providing a 50 ft. setback along this frontage. No portions of the building, parking lot drive aisles, or parking spaces are located within the 50 ft. minimum setback. All of the setback area will be ftilly landscaped and irrigated appropriately. Yes CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 2011 Page 5 TABLE I - P-M ZONE DEVELOPMENT STANDARDS (CONTINUED) STANDARD REQUIRED PROPOSED COMPLY Setbacks (continued) Front and Street Side Yards on Collector, Local, and Private Streets: 35 ft. average, and not less than 25 feet, fiilly landscaped and irrigated. Gateway Road is considered a collector street. The project is providing a 35 ft. average setback along this frontage. No portions of the building, parking lot drive aisles, or parking spaces are located within the 25 ft. minimum setback. All of the setback area will be fially landscaped and irrigated appropriately. Yes Landscaping in Parking Areas 10% minimum > 10% provided Yes Lot Coverage 50% 26% Yes Outdoor Employee Eating Areas A minimum 300 sq. ft. for each 5,000 sq. ft. of building area. Required: 37,050 - 5,000 X 300 = 2,223 sq. ft. minimum. Credit towards the required amount of square footage will be given for indoor eating facilities on a 1:1 basis. A total of 2,224 sq. ft. of employee eating area is provided. Suite A = 1,415 sq. ft. total (849 sq. ft. (60%) outside, and 566 sq. ft. (40%) inside). Suite B = 415 sq. ft. total (247 sq. ft. (60%) outside, and 165 sq. ft. (40%) inside). Suite C = 397 sq. ft. total (238 sq. ft. (60%) outside, and 159 sq. ft. (40%) inside). Yes D. Conditional Use Permit Regulations (C.M.C. 21.42) Restaurants are considered conditionally permitted uses in the P-M Zone, and require Plarming Commission approval of a Conditional Use Permit subject to the provisions of C.M.C. Chapter 21.42. Chapter 21.42 of the C.M.C. requires that four findings be made in order to approve a Conditional Use Permit. All four findings for approving a Conditional Use Permit can be made as discussed below: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan. The proposed restaurant, as an ancillary commercial use to the production and distribution facility, is oriented to support the surrounding industrial developments and their populations. The project site is centrally located within Plarming Area 5 of the Bressi Ranch industrial area and is also within close proximity and walking distance of the Bressi Ranch residential community. The project's location makes it convenient for both employees of the surrounding industrial developments and also the residents of Bressi Ranch to access the CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 2011 Page 6 restaurant. As discussed in Section "A" of this report, the restaurant is in harmony with the elements and objectives of the General Plan. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The proposed restaurant, as an ancillary commercial use to the production and distribution facility, provides support dining opportunities in close proximity and walking distance of the surrounding industrial developments and also the residential community of Bressi Ranch and therefore is not detrimental to existing uses or those uses permitted in the P-M Zone. The site design accommodates all required parking on-site and provides for adequate traffic circulation. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. As discussed within Sections "B" through "E" of this report, the project complies will all design criteria of the Bressi Ranch Master Plan, all development standards of the P-M Zone as identified in C.M.C. Chapter 21.34, and all parking regulations as identified in C.M.C. Chapter 21.44. The proposed restaurant can be adequately accommodated within the fiature Suite A and outdoor patio as proposed. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The project is provided access from Gateway Road, a local street, and is located off of El Fuerte Street, a collector street, which are currently operating at acceptable levels of service. The 430 average daily trips associated with the proposed use can be accommodated by the existing street system. E. Parking Ordinance (C.M.C. Chapter 21.44) The parking needs for the proposed facility and uses have been analyzed in accordance with Chapter 21.44 of the Carlsbad Municipal Code. The proposed facility totals 37,050 square feet. Onsite parking is required at the various ratios required for office, manufacturing, warehouse, and restaurant. Table 2 below summarizes the parking requirements for the various uses proposed on-site and demonstrates that the combined project, including the proposed restaurant, can accommodate all necessary parking as required by code. CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 2011 Page 7 TABLE 2 - PARKING DEMAND ANALYSIS Proposed Area Parking Spaces Spaces Uses (sq. ft.) Ratio Required Provided Suite A - Office 2,647 1 space/250 sq. ft. 2,647-250= 10.6 - Manufacturing 8,170 1 space/400 sq. ft. 8,170-400 = 20.4 - Warehouse 9,305 1 space/1,000 sq. ft. 9,305- 1,000 = 9.3 - Restaurant 4,300* 40 spaces plus 1 space/50 sq. 40 + (300 - 50) = 46 ft. in excess of 4,000 sq. ft. Total: 23,573 86.3 spaces Suite B - Office 686 1 space/250 sq. ft. 686-250 = 2.7 - Manufacturing 4,462 1 space/400 sq. ft. 4,462-400= 11.2 - Warehouse 1,716 1 space/1,000 sq. ft. 1,716- 1,000= 1.7 Total: 6,864 15.6 spaces Suite C - Office 661 1 space/250 sq. ft. 661 -250 = 2.6 - Manufacturing 4,299 1 space/400 sq. ft. 4,299-400 = 10.7 - Warehouse 1,653 1 space/1,000 sq. ft. 1,653 - 1,000= 1.7 Total: 6,613 15 spaces Total: 37,050 117 spaces 118 spaces *849 sq. ft. of the total 4,300 sq. ft. dedicated to the restaurant use is located in an outdoor dining area associated with Suite A. Of the 118 total parking spaces provided on-site, 84 are considered standard parking spaces, 26 are considered compact spaces, and five (5) are considered ADA accessible spaces. Each of the proposed standard parking spaces complies with the minimum area requirement of 170 sq. ft. and has a minimum width of 8.5 ft. Each of the proposed compact spaces has a minimum width of 8 feet, and a minimum length of 15 ft., and the total number of compact spaces does not exceed 25% of the total number of required spaces. All drive aisles meet the minimum 24 ft. width, and Fire Department and delivery truck circulation is adequately accommodated. F. McClellan-Palomar Airport Comprehensive Land Use Plan The project site is located within the Airport Influence Area of the McClellan-Palomar Airport and is therefore subject to the provisions of the Comprehensive Land Use Plan (CLUP) adopted on April 22, 1994 and later amended on October 4, 2004. The proposed project is being reviewed under the CLUP as opposed to the newly adopted McClellan-Palomar Airport Land Use Compafibility Plan (ALUCP) (adopted on January 25, 2010 and amended on March 4, 2010) because Policy 2.3.2(f) of the current ALUCP provides that a "long-term project" shall be governed by the land use compatibility plan in effect at the time of the project's original approval. At this point in time, the City has determined that the Bressi Ranch Master Plan is a qualifying "long-term project," and therefore continues to review new development proposals under the 2004 CLUP. The CLUP contains regulations regarding land uses in proximity of the airport to ensure that occupants are not subject to excessive noise or aircraft operation hazards. To identify areas of excessive noise, the CLUP contains aircraft noise contours, in community noise equivalent levels CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 2011 Page 8 (CNEL), that range from 60 dB(A) CNEL to over 75 dB(A) CNEL. The McClellan Palomar Airport Noise/Land Use Compatibility Matrix lists which land uses are appropriate for particular noise levels. Restaurant, office, industrial, and manufacturing type uses for example, are all considered a compatible land use within the 60 to 65 dB(A) CNEL aircraft noise contour. The proposed project site is located entirely outside of the 60 dB(A) CNEL aircraft noise contour levels, and therefore the proposed land uses are considered compatible with respect to noise. In order to identify areas of aircraft operation hazards, the CLUP also maps the Flight Activity Zones (FAZ) and Runway Protection Zones (RPZ) of the airport and limits these areas to low intensity land uses. The proposed project site is not located within any portion of the RPZ; however the project site is bisected by a portion of the FAZ, which runs through the middle portion of the site. Suites B and C are situated within the FAZ. The CLUP identifies that the land beneath the FAZ areas should be held free of intensive development (such as residential at 10 units per acre), high rise development, and all uses which involve large assemblages of people (more than 100). Based upon discussions with the San Diego County Regional Airport Authority, large assemblages of 100 people or more has been determined to mean Group-A building occupancy areas with a capacity of more than 100 people. The purpose of this determination was to limit the number of people within an enclosed area for an extended period of time under the FAZ. The project site, with the exception of Suites B and C, has been designed such that all portions of the proposed buildings are located entirely outside of the FAZ. Suites B and C are currently proposed as industrial shells and therefore the interior floor plans are not available to determine Group-A occupancy. As such, a condition will be added as part of the Planned Industrial Permit (PIP 11-01), requiring that all assembly areas defined as Group-A by the 2001 Califomia Building Code, 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. Furthermore, the Federal Aviation Administration (FAA) completed an aeronautical study of the project under the provisions of the Code of Federal Regulations, Part 77. The aeronautical study found that the 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. G. Growth Management The proposed project is located within Local Facilities Management Zone 17 in the southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 3 below: TABLE 3: GROWTH MANAGEMENT FACILITY IMPACTS COMPLY City Administration N/A Yes Library N/A Yes Wastewater Treatment Capacity 20.58 EDU Yes Parks $0.40/sq. ft. Yes Drainage 11.8 CFS (Basin D) Yes Circulation 580 ADT Yes CUP 11-05 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 2011 Page 9 TABLE 3: GROWTH MANAGEMENT (CONTINUED) FACILITY IMPACTS COMPLY Fire Stations 2 and 5 Yes Open Space N/A Yes Schools Carlsbad Unified School District N/A Yes Sewer Carlsbad Municipal Water District 20.58 EDU Yes Water Carlsbad Municipal Water District 8,522 GPD Yes V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the Califomia Environmental Quality Act (CEQA) and Title 19 - Environment. Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the certified Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04). dated July 9, 2002. EIR 98-04 evaluates the potential envirormiental effects of the development and operation of the "Bressi Ranch Master Plan" and associated actions inclusive of the subject plarming area reviewed here. The City Council certified EIR 98-04 on July 9, 2002. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to Plaiming Area 5 have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-04 "Findings of Fact and Statement of Overriding Considerations" applies to all the subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR. The proposed project would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 98-04 and no fiulher CEQA compliance is required. EIR 98-04 is available for review at the Plarming Department. ATTACHMENTS: 1. Planning Commission Resolution No. 6841 (CUP 11 -05) 2. Planned Industrial Permit - Draft Approval Letter (PIP 11-01) 3. Location Map 4. Local Facilities Impact Assessment Form 5. Background Data Sheet 6. Disclosure Statement 7. Reduced Exhibits 8. Exhibits "A" - "M" dated December 7, 2011 PLANNED INDUSTRIAL PERMIT December 7, 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 Are^ 5 of the Bressi Ranch Master Plan. The project includes development of a 37,050 square foot tlffOf^story multi-tenant industrial shell building, 118 parking spaces, and 2,224 square feet of employees'eating area. The industrial shell building will function as a production and^stiribution facility fori Pizza Port restaurant chain and Pizza Port Brewing Company. The floor plans (Myide the spBcic into three separate suites (Suites A, B, and C). Pizza Port will initiall^pccupy; §iiife ;A (23,573 sq. ft.), which will consist of an 18,373 sq. ft. ground floor and 5,000 sq.'it. second floor. The remaining single-story Suite B (6,846 sq. ft.) and Suite 0 (6^ sq. ft.) tot^S 13,477 sq. ft. and will be leased as spec until Pizza Port is able to expand its op^i*ations into these two areas. It is the Planning Director's detenaaination that the project is consistent with the City's Planned Industrial Zone regulations (Clppter 21.34)Hand with all other applicable City ordinances and policies. The Planning Director, therefore, approves this request based on the following: Findings: 1. 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. 2. That the improvements indicated on the Plarmed Industrial Permit (PIP 11-01) are located in such a maimer 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. PIP 11 -01 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 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 Planning 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 prepareii 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 thj^iljiixj^am EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)]; and/or b. this project is consistent with the Mast# Plan cited above; and c. the Bressi Ranch Master Plan Final ElR 98-04 was certified by the City Council on July 9,2002 in connection with the prior project or plan; and d. the project has no new significant ertvironmental 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 iatfli^iJ|iIR 98-04, which are appropriate to this Subsequent Pr6ject,;have been completed, iti<borporated into the project design or are required as conditions of approval for this Subsequent Project. 5. Thiat the Planning Director finds that the project, as conditioned herein, is in conformance witliHUke 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 D)e$ignation 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 constmct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment 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 7, 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. I d. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of buAAu^ permit issuance. This fee will be used to construct recreational facilities itoj Offset demand created by employees within Local Facilities Management Zone l7. 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 Aviati^llf^dniinistration (FAA) completed an aeronautical study under the provisions of the >jCioijb|i^f| Federal Regul^ibns, Part 77, (November 2011), which resulted in a determination that propoi^d project does not exceed obstruction standards, would not be a hazard jtpH 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 noisf; levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, thb 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 mitigaie I impacts caused by or reasonably related to the project, and the extent and the degree of thfe 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 Planning 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 7, 2011 Page 4 2. All uses established in this stmcture 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 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 proi:«rty 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 reqiiir^ the Developer to jmtake, all corrections and modifications to the Planned Industrial Permit documents, as necessary to make them internally consistent and in confbrinil?^ with t}|p final action <!|Rj!t}ie project. Development shall occur substantially as showrij^ii the salppqved Exhibits. Any proposed development different from this approval, shall recjuire an amendment to this approval. 5. Developer shall comply with all apftlicable provisions federal, state, and local laws and regulations in effect at the time of building permit issuance, 6. If any condition for constmction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed b^ this approval or imposed by law on this Project are challenged, fhis iplffb^ shall be Suspended as provided in Govemment Code Section 66020. If any suclii Condition determined to be invalid this approval shall be invalid unless theiCity CouiiCil determines tltatthe 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, froin 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) (pity's approval and issuance of this Planned Industrial Permit, (b) City's approval ofi 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 imtil 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 December 7, 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 squ^ Ifi^ot 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 ifpcilities, respectivel^^jiare available to the project at the time of the application for the bt||lfc^^ permit, and thitij|f|ater and sewer capacity and facilities will continue to be availablfe iiwil (the time of occUpAj^y. 13. Developer shall submit and obtain Plaiming Director approval of a Final Landscape and Irrigation Plan shovving 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, iimprovemeht^iatid grading plans. 15. Developer shall submit;to the City a Notice of Restriction executed by the owner of the real property to be deiveloped. Said notice is to be filed in the office of the County Recorder, stibject 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 December 7, 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 Plarming Division). 20. 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 Elepartment Policy No. 80-6, to the satisfaction of the Directors of Community Development stM Planning. 21. Unless otherwise stated, this industrial project shall comply with all applicable City ordinances and requirtoents. 22. All assembly arous in Suites B and C, defined as Group "A" by the 2001 California Building Code, ^hall be Jfimited to a mi»|!ci^um occupancy of 100 persons. This restriction applies to all perttilttetl. uSes, ancillary uses, and uses allowed by Conditional Use Permit. 23. Pennisetum setaccum shall be replaced with a non-invasive plant species on the Final Landscape Pl^ns as approved by the Planning Director. Engineering: ; j 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 December 7, 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 Harrii[less 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 buildihg 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 giUi^g permit for this project is required. Developer shall prepare and submit plans and techhijcal; 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 December 7, 2011 Page 8 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 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' requifcnients. Developer shall prepare and process a Storm Water Management Plan (SWMP), Subject to city engineer approval, to demonstrate how this project meets new/ciftent storm water treatment requirements per the city's Standard Urban Storm 1il|Magement Plan (SUSMP), latest version. In addition to new treatment contiijl BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that mnoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharger Developer shall pay all applicable SWMP plan review and inspection fees per the ci^*^ latest fee schedule. 37. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification fqlijurements per the city's SUSMP, latest version. Documentation shall be included withiri'jlli^ Storm Water Management Plan (SWMP) compliance with storm wa[t?ir.tequirements to the satisfaction of the city engineer. j'" 38. Developer is responsible to ensure that # final desighi 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. Dedicationis/lin^li^vements 39. E>eveloper 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 limit^dito: 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 structxiral section for the access aisles with a traffic index of 5.0 in accordance with city standards due to PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 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, develbp^r shall pay all fees, deposits, ahd charges for connection to public facilities. i'; 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 appfoitaliby 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 shtobe reflected on public improvement plans. 47. The developer shall design and construct public water, sewer, and recycled water facilities substantially as ^hown on the site plan to the satisfaction of the district engineer and city engineer. 48. The developer shall provide separate potable water meters for each separately owned unit withiri this subdivision.h Code Reminders 49. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of thi 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 Municipal Code Section 18.04.320. PIP 11-01 - PRODUCTION FACILITY AT BRESSI RANCH December 7, 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 inclu^^|ijthe "imposition" of fees, dedications, reservations, or other exactions hereafter collectively fiferied 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 reqiiiii^ infbrm^ion with the City aManager 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 tti^j j^oiir right to protest the specified fees/exactions DOES NOT APPLY to water and sewer cormecti0aifees and cajiacity charges, nor planning, zoning, grading, or other similar application processltig br 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 DeGERBO Principal Planner CDJGibd 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 PALOMAR AIRPORT RD NOT TO SCALE SITE MAP Production Facility at Bressi Ranch CUP 11-05 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Production Facilitv at Bressi Ranch - CUP 11-05/PIP 11-01 LOCAL FACILITY MANAGEMENT ZONE: 17 GENERAL PLAN: Planned Industrial (PD ZONING: Planned Industrial (?-M) DEVELOPER'S NAME: Marsaglia Properties. LLC ADDRESS: P.O. Box 1697. Carisbad. CA 92018 PHONE NO.: (858) 481-7322 ASSESSOR'S PARCEL NO.: 213-263-24. -25.-26 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 2.8 acres / 37.050 sq. ft. A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 20.58 EDU D. Park: Demand in Acreage = $0.40/sq. ft. E. Drainage: Demand in CFS = 11.8 CFS Identify Drainage Basin = D (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 580 ADT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = Stations 2 and 5 H. Open Space: Acreage Provided = N/A I. Schools: N/A J. Sewer: Demands in EDU 20.58 EDU Identify Sub Basin = H K. Water: Demand in GPD = 8.522 GPD BACKGROUND DATA SHEET CASE NO: CUP 11-05/PIP 11-01 CASE NAME: Production Facilitv at Bressi Ranch APPLICANT: Marsaglia Properties. LLC REQUEST AND LOCATION: Conditional Use Permit to allow a 3.451 square foot restaurant with an 849 square foot outdoor dining area as an ancillarv commercial use in a 37,050 square foot production and distribution facilitv for the Pizza Port restaurant chain and Pizza Port Brewing Company, on propertv generallv located north of Gateway Road, south of Palomar Airport Road, and east of El Fuerte Road, on Lot 10 of CT 05-09 within Planning Area 5 of the Bressi Ranch Master Plan and the Local Facilities Management Zone 17. LEGAL DESCRIPTION: Lot 10 of Carlsbad Tract No. CT 05-09 Bressi Ranch, in the Citv of Carlsbad, County of San Diego, State of Califomia, according to Map No. 15669. filed in the office of the County Recorder of San Diego Countv, January 8, 2008. APN: 213-263-24. -25. -26 Acres: 2.8 acres Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Planned Industrial (PI) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: Planned Industrial (P-M) Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-M PI Graded Pad (vacant) North P-M PI Industrial Buildings South OS OS Open Space East P-M PI Graded Pad (vacant) West P-M PI Industrial Office LOCAL COASTAL PROGRAM Coastal Zone: Q Yes ^ No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: O Yes |^ No Coastal Development Permit: O Yes |^ No Local Coastal Program Amendment: O Yes ^ No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 20.58 EDU ENVIRONMENTAL IMPACT ASSESSMENT ^ Certified Environmental Impact Report (EIR 98-04), dated Julv 9. 2002 Revised 01/06 ^ DISCLOSURE Development Services v<l STATEMENT Planning Division ^ CITY OF p A(A\ 1635 Faraday Avenue l^' CDAP) ^ ' (760)602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person M/MZ^AfeU A pH^^he^^ UUl G©fp/Parrt- Address teox V<ir^1 Address P-Q- tfo^^"? 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) THE fioMceu^l FAmiuy Person tTZO^-j- UDT \"1&-^7 Corp/Part Title g^(»JO P^PC^VU , t^V^t^^ Title Address ^^O yJ . QUAtLfE iZ-P Address MOO (2.0 VI A-j ^iO\(/) p-1 (A) Page 1 of 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust ^/h Non ProfitTTrust ^/As Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/dr Council within the past hwelve (12) months? I I Yes ^ No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify/t^t all the above^forniation is true and correct to the best of my knowledge. '^Sigi'^Sffure of owne'r/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of ewner/applibanf s agent if applicable/date Print or type name of-ewReF/applicant's agent p.1 (A) Page 2 of 2 Revised 07/10 VIclnltv Map I ! / li li' • ' ' ' ' Site Plan !!< L^H" Pro|9ct Directory Pro)ectData Building Area Summary A.D.T. Summary Airport Influence Site Plan Keynotes IhaHmMi MMu t^M OCT Bwii nvEh naiiw m lurselurlrg: ' / lilW 9 •0eeaj*n.rMj>iruicfwjii. J;^o,.^^=' ^^^^ Dia or c*iUMc( »ISni Drllil OltVKI,-tn^j or CarMxfi 'T- Lot Summary BuiMng Mmi 330Se tS. »«M tl. : ParWng Summary Teid AD.TJ run u. Me Landscape Summary FWPCSEP Clly St CflibM S' EXI»rN:> CUBB. GUTTER I 9IDEUALK 5T'ND<!J!C> ASf^JJlLT PiV*C PEB CM PEsvaJB CCT*;REIE Pivna psi* civ Eating Area Summary tiling ArM ('e'^.^ sv ir. •i tntor EJling »»•.' T Eillng '60K> i.r SmfthCtirr; i j IH no Architect? 12220 E Suite 200 San Diego, CA 92130 (85S) 793-177^ (B5fi) 793 - 4707 Fa" 78-000 Fred War(r>g Road Suite 201 Palm Desert. CA 92211 (760) 797 - 1377 (7601 269 - 3889 Fa* GL o — tc w < m o Revision DaFM Issiie Dates Planning Bfl^/il wjfli,» Design Developmem Plan Check Bid Set Pemilt Set Const ruction Set Drawirig Date AS1 f Mf\C' • """"Ondevelopediarcel. Site Lighting Photometric Plan SmithCfin'; ij Itl n n Architects 12220 B Camino Real Suite 200 San Diego, CA 92130 (858) 793-4777 1858) 793 - 4787 Fa< 78-000 Fred Waring Unsd Suite 201 Paltr Desert, CA 92211 (760) 797- 1377 (760) 269 - 3889 Fax % 3 — tc"" Q. CO < (O o Revision Dates 7X 7S A Issue Dates PtsnnCog MMI. ie/3i!t« Design Development Plan Check Bid Set Permit Set CnnstnjcHon Set Drawing Date Sheet Number AS2 • ROOFTOP MECH UNIT, TYP I LINE OF_SlGHT_f ROM^T^FJ^ Q l-l nn 1 1 r 415.30' I'll 1 1 r ^ £So« , Palomar Airport Road Gateway Road Section A - A EXISTING FLEX/ RSD /INDUSTRIAL PARK ADJACENT UNDEVELOPED PARCEL Section B - B ROOFTOP MECH UNIT. TYP_ Gateway Road ADJACENT UNDEVELOPED PARCEL MECHANICAL ENCLOSURE WALL TO BE DESIGNED FOR HEIGHT TO SCREEN FUTURE EQUIPMENT (EXCEPT FOR 1 SILO EXISTING FLEX/ R^lt! /INDUSTRIAL PARK Section C - C U—L Smith<":nn';i ritinn Architects 12220 E Camino Resl Suite 200 San Diego, CA 92130 (858) 793-477' (8SB) 793-•1787 Pa> 78-000 Fred Waring Road Suite 201 Palm Desert. CA 92211 {7fi0) 797 - 1377 (760) 269-3SB9 Fai cc"- CL V) < CO o Revision Dates A Issue Date5 Planning sii"' v>o'\\ \e/7m Design Devetaorrent Plan Check Ble Set pprmlt Set Const rLictlon Sel Drawhgoate ,(^24/2011 AS4 SmithCo n=( Jitl n (1 Architects 12220 B Camino Real Suite 200 San Diego, CA 92130 (8SB) 793 - 4777 (8SB) 793-4787 Fa. 78-000 Fred Waring RoaO Suite 201 Palm Desert. CA 92211 (760) 797- 1377 (760) 269 - 3889 Fas |o_, Q. Revision Dates 7X A Issue Dates Planning WEtl. icni\i.» Design Development Plan Check Bid Set Pemlt Set Const njction Set Drawing Date 3ob Number A1 SmltbCmw Jitina Arctlltects 12220 El Camino Real Suite 200 Sar Diego, CA 92130 (858) 793-4777 (858) 793 - 4787 Fas 78-OOn Fred Waring Road Suite 201 Pairr Desert. CA92211 (760) 797- 1377 (760) 269 - 3889 Fan o o< i D — Z (D <« IQO (E _| _ a: m < CO o Ul cc m Revision Dates A 7Y" Issue Dates Planning SAMI, w/jni w. Design Development Plan Check Bid Set Permit Set ConstrLictlon Set Drawing Date Stieet Number A2 (1> 31'-<rT.0.P.^| r/-i r/n I I SS-V T.O.H.^ 2r-1(r T.O.R ^ (2> ROOf ACCESS LAOPER. LADDER UdvE GiUAHIIUILS C«UA SIMP Anew I I 31'-4"T.0.E. S1'-«"T.0.E. J r/n I I 4^ ar-4-T.o.R.^ I 3r<rT,o.P.-- 4 9C>!Ee<ED BT BUtLDNS PilWrEf-r Roof Plan -4> <2.4 {1.3 Legend: p| T.O.H.: T.O.P. T.O.E: T.O.D. Top a( ROOT Tqprtl Top TopofIMn SmtttiCont, iltinG Architects 12220 ElCamhwReal Suite 200 San Diego, CA 92130 (858) 793-4777 (B58) 793-4787 Fax 78-000 Fred Waring Road Suite 201 Palm Desert. CA 92211 (760) 797- 1377 (760) 269 - 3889 Fai o< Q. m < CO o Revtelon Dates 7^ Isstie Dates Planning t^tny »/>Ayv> Design Develooment Plan Check ma Set Pemilt Set Construction Set Drawing Date Check By Drawn By Sheet Number A3 FINISH LEGEND EZ3 0 WEST BUILDING ELEVATION NORTH BUILDING ELEVATION M J s 1 M B B 1 M 2 '/// 1 B B / If' :. I:! \ / II 11" / U \ / ^ 1 SmithCnnsi ilUnQ Architects 11220 0 Carr*w Real Sufte 200 SanDlego, CA 92130 [858) 793-4777 [858) 793 - 4787 Fai 78-000 Fred Watlog Road Suite 201 Palm Desert, CA 92211 (760) 797 - 1377 (760) 269 - 3889 Fai ioo i 0< QC"" Q. Re\ision Dates A Issue Dates Planning a-isn, 10/311. ie> De^n Development Plan Check Bid Set Permit Set Construction Set Draining Date EAST BUILDING ELEVATION A4 GEyVBHAL NOTES 2IJ-2S3-Z4. 25 i 2S ASSESSOR PARCEL NO. fmniiK zcMNc rr/smic LAND KST rmnm GCT^HAL PLAN ocsi^AnaN PROPOXD ZOfWC P~C/P-U •^oposro lA^m use PLAmEo cotrnMir fW)POSiP GEWWAl n.AH OrSWAT/fM PLAfff€r> ffi/XJSlf^Al CAff/rmpfn sir CPAom ANAL rsis SOLOOL msmcr CAKSBAO UNITIED SCHOOL DismcT wtiEfi oisn^cr CAPISPAP itmaPAi miEP cnsiPtcr SEKR oisrmcr CAKSBAD m/MaPAi WAJEP L^SJPKT PLANNED INDUSTRIAL PERMIT FOR BRESSI RANCH LOT 10 CARLSBAD, CA P€AK WA OCMAND X AOQ) POTABLC mrrp fvfssm- JONC lorAL ACHES LANDSCAPED APEA PimLIC SrPEETS flfSCCTWi LOTS nanrAiiKy LOLS COimiKIALj^NDUSmiAl LOTS OPEN ST'ACe LOTS TOTAL /miBEP cr LOIS NIMXP Of DESIDENTIAl UNITS miuBiJ/ OE M/t nrMHL r IMLTS COUVET^AL/INDUSmAI. UNITS CONSTRAINTS UAP LEGAL XSCRIPnON 4.5J0 CPD I W ' 220 GPD (J7.050 sE./r.soo sE.j - mss Emi V GPD/IQ.OOO 5F. N/A - P/fEm/SL f CADEO SITE LOT !0 OE CAPLS8AD !T?ACT NO. CT 05-09 ff^ESST RANOi m STATE OF CAircmA. ACCOPDING TU UAP INEIfEOE Kl T566. or ':AV DIECO COUNTY. jANUAPr os. 200B. OWNER JJO K DUAPTE ROAD UAPSACLIA CAPISBAD. CA 920W _ „ £A5EMEUrS or RECORD \E INPOdCH m EASEMNTS PEN PREllMINAPr nUE REPORT 8f FIRST AUEPICAN TILE INSURANCE COItPANf. NO mS-*9J02!SD. OAlEi) JUNE 20. 201'. EASEMENTS / ENCUMBRANCES: 'I'lEUNO EASEMENTS / ENCUMBRANCES: LOT 10 PURPOSE PEEERENCE/DATE DISPOSITION 9 • EASEUENT Fm AIKA HON F/U S7~'S2JTr A 87-472299 OR. REC. AUG 11. I9S7 TO REMAIN W 13 SLOPE ENCROACHMENT F/H 92-07PJ)S9 OR. PEC DEC TO. T992 fl a PIT8LIC FACtirr FEE ACPEEUENT //* 95-0806512 OR.. REC. DEC !l. I9?S 72 •0 NOTCE PESTPICTTON ON PEAl PPOPETflY F/N 0J--02I0I90 OP. REC FEB 25. 200} 13 B NOLO NARULESS ACREEWNr E/^ 03-0220075 OR. NEC MAR II, 2003 '1 B MOLD NAIMLESS ACRElMENr F/N 03-027007e OR., REC, MAR. IT. 2003 15 a NOTICE OF RESTRICTION CN PEAl PROPEPTY F/TL 03-0362102 OR.. REC APR. 01. 2003 W •0 LANDSCAPE EASEMENT MAP MO 14960 Cf mCTMAPS REC EES 04. 2005 a COVENANTS. CONDITIONS a RESTRICTIONS E/N 05-0210892 0 If.. REC. MAR. 15 2005 IS B STREET LICHT AND LAfglSCAPE AmiEMAHON F/N 05-0215793 OR.. REC MAR 16. 2005 19 •0 SDCtE EASEiU[NI E/N 05-0294004 OR, NEC. APR IT. ZOOS 20 n NOTICE OF RESIRICnON ON REAL PROPERFT {FAZ) F/H 05-0451222 OP. REC Ml. 02. 20O5 21 a COiENANIS. CONDITIONS * RESTRICTIONS >>* 05-0528732 OR. REC, JUN 23, 2005 22 0 PUBLIC UTlin" EASWNT F/v 06-0672S23 OR. NEC. SEP 21, 2005 ,j ABU TIER'S RICHTS OE ACCESS PELINOWSHUENT MAP NO I56S9 OE TRACT MAPS. REC JAN 15 200S 14 PUBLIC UTIITY EASEIONT MAP NO I56S9 or TRACT MAPS REC. JAN 15 2008 !5 0 PERMANENT Biff' AGROmir E/N 08-OO23457 OR, NEC. JAN 17 2008 le NOLO HARi^ESS ACPEEWNT F/N 0S-O445047 O.R. REC. AUG. 19. 2008 17 H HOLD NA/mESS ACPEEUENT F/N 08-0445048 OR. REC. AUC 19. EOOd la B NOTICE OE RESIPLCim ON REAL fWOEERFr F/N 09-0081680 OR. REC FEB. 19. 2009 GRADING ANALYSIS 5.470 CY E«C: EXPORT V CY 5190 cy REMETXAL/AOOl EmTRT" S.500 CY "PER SECTION SIJ Of 8/I2/II SOILS REPORT SOURCE OF TOPOGRAPHY ANAL YTICAL PHOrOCRAMUEIR'C SURVEKi K 647 MAm STREET SUITE IA ftfRSHXE. CA 92501 PNONE.- (951) 686-5103 ElOm 10/12/2010 SURVEYOR or WRK E/CEL ENCNEnriNC 440 STATE PLACE ESCOMyOO. CA 92029 PHONE (7^0) 7 (760) 745-T890 PARKTNG SUkfMARY PROJECT TRIP GENERA TTON PIP 11-01/CUP 11-05 EASEMENT LINE PCC PAIEMENT PERVIOUS CONCRETE SIREET LIGHT STORM DRAIN MAIN P INLET OmECTION OF ORAWAOE BIORETENTK»l FACILITY (TCBMP. LID. rt HfDPaiKX?mCATION) BOEkERATION EAOLIFY (TTSMP i LID ONLY) * UIDPOMOLmCATIC CRAm , sEm M SEHER I. 'T OETEHTION PCm (TCBMP. Ig). A UN AND ACCESS HOLE lERAL WATER SERVICE FIRE HIDPANT ITOUBLE LWIECTVR CHECK 1-/ IRRICATION SERVICE RECKtEP WATER 77777-^77 VICINITY crrr OF OCEANSIDE ; E/ISTING ON SITE) crrr OF VIST* SITE MANUEACIUPM: RESTAURANT 2 TRIPS/1000 sr. CITY OF ENCINITAS BRESSI RANCH LOT 10 PLANNED INDUSTRIAL PERMIT TTTLE SHEET SHEET I OF J SHEETS PATE REVISED. OCTOBER 21. 2011 OAlEREVrsEO SEPIEMffER 30 2011 • 7' AUCJIST 12. 2011 8TI0 RECORD fRC aEnAncN STAi^VO CPS CCNIFOl POINr 2002 NAMED 'V2002 VW3n74' APPROX JOO' HEST cr MELPtTSE OR IN NORIH SIDEWALK OF PALOMAR AIRPORT ROAO. ROS T7271 (PT. NO. 71 OF OTY OE CARISBAD SURVEY CCNOKl) 44400 MSL DATUM NCW 1929 ENG/NEER OF WRK rrcFi ENCNEEffiNc 440 STATE PLACE ESCONDIDO. CA 92029 PHmE (750) 745-8118 DEN UNO. RCE Ni fXCEL PLANNED INDUSTRIAL PERMIT FOR BRESSI RANCH LOT 10 PIP U-Ol/CUP 11-05 PFFHOAPn — • • E'isr. PAVEMENT d BASE IHTRIKABLE MEMBRANE • (WHERE IDEA. TO CIMB) - PERWXIS CONCRFIE I (T.l = 45) - SEE TYPICAL LINEAR sm4LE (Tl - 50) CONFIGURED BIO-FIL IRA HON OETAH. NOIE: STRUCrVRAl SECTIONS OF PAIEMENIS TO 8E OEIER»^NEP BY R-VALUE TESTING Of EXCAVATED SmS SY SOUS ENGINEER AT im OE CONSTRUCRON) 25' UN DEPTH (VARIABLE miH) 15' TO 2' CRUSHED ACGREGA IE FILLED !5'MIN DEPTH (VARIABLE mOTH) TOPSOi MIX aEV - 422.0- 2' CRUSHED ACCRECATE. EUED TRENCH WRAPPED WIIN EIL lER EARPIC aEv - 4160 — awifz f^T DETDinON BA3N S^TION TYPICAL SECnON NOT TO SCALE 560-C-3250 CONCRETE NOTE STRUCIIMAL SECnONS Of PAIlEMOilTS TO BE DEIEI^miED BYR-mUE TEST»IG OE EXCAVATED SOILS SOUS ENGINEFR AT IME Of CCNSIRUCIK»I) IMPEPI^ASLE lff>mANE (HKRE lOCAIED ADJACENT rOBmLONC) CC SIDEWALK PERG-7 EXIST IMPROHEMENTS PER owe NO 320-2 ' MV7MEASLE MEm^AI^ (DHEN LOCATED ADJACENT TO BIMJ?m AND RETAR/m WAU) PALOUAR AmPORrROAD TmcAi sECim NOT no SCALE UmiTY PLANS 4'P.CC SXWALK- PER G-2 5' FIFE 'C ajP9 * CUTTER ~~ ivPERMEABLE iioawwr (mcN SURVEYOR OF miRK EXCEL ENCaeERING 440 STATE PLACE ESCONDmO. CA 92029 PHONE (760) 745-8TI8 X (760) 745- GATEWAY ROAD PER DWG 400-80 TfPICAL SECTION NOT TO SCALE BRESSI RANCH LOT 10 PLANNED INDUSTRIAL PERMTT NOTBS. DETAILS AND SECTIONS SHEET 2 OEJ SHEETS DATE PE\»SED OCTOBER 21. 2011 DATEREitSED SEPTEMBER 30, 2011 DATE PREPARED- AUGUST 12, 20II DESCRIPTION.- STAMPED GPS CONTROL PLANT 2002 NAMED ^2002 VW3074' LOCATION. APPROX. 300' WEST OF MELROSE DR. IN NORTH 5I0EW4LX OE PALOMAR RECORD TROM ROS I722I (PT NO 71 ly OTY OE CARLSBAD SCRtEY COVIROL) aEVARON 44400 MSL DATUM NCVD 1929 ENaNEER OF WORK EXCEL ENONEERING 440 STATE TV.ACE ESCOfmTO. CA 92029 PHONE (760) 745-8118 FAX (750) 745-1890 EXCEL ENGINEERING m (76<i)?<5-ffln Fi (Tfa)iii-Mm Smithi:- I itfir^t; Architects 122211 EP Camino Rpal San Dteoo, CA 92130 IB5R) 793-4777 (B5S) 793 - 47S7 Fan 7R-ono Fr«1 Wartn9 Road Siine 201 PahiDesfirt, CA922U o: QO a. w < CO o EXISTING PLANTING LEGEND gYMEOL BOTANICAL fCOMMOU NAME PLANTING LEGEND PLANTING LEGEND (continued) BOTANICAL/COMMpN NI UTILITY SCREENING: MAtNTENANCE NOTE: ALL ON-SITE LANDSCAPING IS TO BE MAINTAINED BV THE PROPER OWNER LANDSCAPING WITHIN THE RIGHT-OF-WAY ON GATEWAY ROAD AND WITHIN THE RIGHT-OF-WAY AND 50' LANDSCAPE SETBACK ON PALOMAR AIRPORT ROAD IS TO BE MAINTAINED BY THE BRESSI RANCH ASSOCIATION LANDSCAPE TABULATIONS TOTAL PROJECT ARE4 ^ 1;3.3;BS.F. LfiNDSCAPED ARES OF TOTAL PROJECT = 3A.aO^ S.F. PERCENTAGE OF PROJECT AREA THAT (S LANDSCAPED = 2S% TOTAL TURF AREA = 537 S.F. PERCENTAGE OF LANDSCAPED AREA THAT IS TURF = _2% TOTAL PARKING LOT AREA = 48,8B7 SF. LWDSCAPED AREA WITHIN PARKING LOT = 9.J7a S.F. PERCENTAGE OF PARKING LOT THAT IS LANDSCAPED = 17.3% NUMBER OF PARKING STALLS = 115 NUMBER OF PARKING LOT TREES REQUIRED = _2£ NUMBER OF PARKING LOT TREES PROVDED = _30 PRELIMINARY LANDSCAPE PLAN Revision Dates 7^ TV Issus Datet Planning Design Dcvebpmcnt Plan Check Bid Set Permit Set L1.1 AB 18B1 WATER •UDOET CALCULATIONS MAWA - (ETB) . W I IP 7 1 LA) * (1 0 i SLAIJ ETAFffrapqWnsoirttn AtfMMWrt FjcW - Ml ' ETAFffraoDf*™****! A**-*™™ P"*" • SIA) - nn CnWF^Iao MAWA [G»lln-!i Pp-Vcj'! MAW* hr lA -OTnj, MAWA lar sm ' 1 . 1.14J.J!12 l.H],S« Ap;«.dW»,A1l« .n- (WAWAl . WATER CONSERVATION NOTES .tlApplnltW.l.r U» [EAWUI WATER CONSERVATION PLAN WATER USAGE NOTE D 10 20 SmWiO 132J0 E Suite 200 San Diepo, CA 92130 (858) Til-Am (8W) 793-47B7 Fax 78-000 Fred Waring Rond Suite 201 Falm Rewft. CA 92211 (760 ) 797 - 1377 (7fiO) «9-38flo Fa. D — QO a. » < 0} o Planning Design Devebpir^ent Plan Check Bid Set Permit Set Set L1.2 WATER USE AREA MAP 0 10 20 88< 1 HciCittn IV-e Smith C CHI ? utti n t) Arc hitetts Suite 200 San Diego, CA 92130 (BSR) 753-4777 (8.W) 713-4787 Fas 78-000 Fred Waring Road Suite 201 Pahn Desert, CA 92211 (7fiO) 797-1377 (7fi0) 261 - 3(W0 Fai QO cc"- Q. « < IT Issue D«« Planning Design Development Plan Ch«k Bid SM Permit Set Construction Set Drawing Date Sheet Number L1.3