HomeMy WebLinkAboutSDP 05-15x2; Rancho La Costa Building; Site Development Plan (SDP)The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: March 20, 2013
ItemNo. 0
Application complete date: Februa1y 4, 2013
Project Planner: Jason Goff
Project Engineer: Tecla Le-v-y
SUBJECT: SDP 05-15x2 -RANCHO LA COSTA BUILDING-Request for a tluee (3)
year retroactive extension of a Site Development Plan (SDP) to develop an 8,074
square foot two-story commercial retail and office building on a vacant 0.58 acre
parcel located at the south comer of the La Costa Avenue and Rancho Santa Fe
Road intersection in the P-C Zone, Neighborhood SE-15 of the La Costa Master
Plan, and Local Facilities Management Zone 11.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Cormnission Resolution No. 6948
APPROVING a tluee (3) year retroactive extension (through November 7, 2015) of Site
Development Plan 05-15, based upon the fmdings and subject to the conditions contained
therein.
II. INTRODUCTION
The developer has requested a tluee (3) year retroactive extension of Site Development Plan 05-
15 to develop an 8,074 square foot two-story commercial retail and office building on a vacant
0.58 acre site within Neighborhood SE-15 of the La Costa Master Plan. The reason for the
requested extension is that the developer has been tmable to attract prospective tenants for the
project due to the cunent economic recession. Grading and Building plans have been reviewed
and approved by the City once, but have since expired and will need to be renewed. The
proposed three (3) year retroactive extension would allow the developer to preserve existing
propetiy entitlements while waiting to secure constmction financing for the project.
III . PROJECT DESCRIPTION AND BACKGROUND
The 0.58-acre project site is located on the south comer of the intersection at La Costa Avenue
and Rancho Santa Fe Road. The project consists of a SDP to develop an 8,074 square foot two-
story commercial retail and office building on an existing graded pad. The project's location
within the La Costa Master Plan requires approval of a SDP in accordance with the provisions of
Chapter 21.06 (Qualified Development Overlay Zone) of the Zoning Ordinance.
The project (SDP 05-15) was originally approved on May 7, 2008. A Building Petmit for the
construction of the project retaining walls (CB091366) was issued on October 13, 2009 and a
Grading Pennit (GR080021) for the grading of the site was issued on October 29, 2009.
However, by the time pe1mits were issued, the weather forecast at the time was predicting a rainy
winter and the developer had grown concerned about the potential impacts that grading the site
could have on the daily operations of the neighboring shopping center, especially during the
SDP 05-15x2 – RANCHO LA COSTA BUILDING
March 20, 2013
PAGE 2
holiday shopping season. Taking the adjoining neighbors into consideration, the developer decided to postpone grading of the site until after the winter rainy season and holiday shopping
season. Unfortunately, during this period of time the developer’s prospective tenant backed out
of the project, and as a result he was unable to secure construction financing, thus resulting in the
first extension (SDP 05-15x1), which was approved on June 16, 2010. Fast forward two years and the current economic recession continues to affect the developer’s
ability to attract prospective tenants and ultimately develop this project as indicated in the
attached letter from the property owner dated August 28, 2012.
The project approvals were set to expire on November 7, 2012. However, the developer made a timely filing for an extension of the project on August 23, 2012 and may therefore be considered
for the extension request. Since that time the developer and staff have been working to
determine that the project complies with the latest storm water requirements. Accordingly, staff
is recommending that the Planning Commission approve the requested three (3) year retroactive extension resulting in a new expiration date of November 7, 2015.
IV. ANALYSIS
The project remains in compliance with the General Plan, current codes, policies and Growth Management Ordinance requirements as conditioned. No major changes to the design of the project are proposed. Except as noted below, the original conditions of approval contained
within Planning Commission Resolutions No. 6418 (SDP 05-15) and 6695 (SDP 05-15x1) have
been incorporated into replacement Planning Commission Resolution No. 6948 for the project.
In Planning Commission Resolution No. 6948, Condition No. 6 has been added requiring that the property owner record a new notice of restriction on the property to reflect the extension of this
permit; Condition No. 9 replaces Condition No. 8 of Planning Commission Resolution No. 6695
to reflect a new expiration date for the project; and Conditions No. 10, 11, and 12 have been
added to address the latest storm water requirements.
V. ENVIRONMENTAL REVIEW
The City Planner determined that the extension of an approved Site Development Plan for the
Rancho La Costa Building project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment. Therefore, the project is categorically exempt from the requirement for the preparation of environmental documents
pursuant to state CEQA Guidelines Section 15332 - In-fill Development Projects. In making this
determination, the City Planner has found that the exceptions listed in Section 15300.2 of the
CEQA Guidelines do not apply to this project.
ATTACHMENTS:
1. Planning Commission Resolution No. 6948
2. Location Map
3. Owner letter (dated August 28, 2012) explaining request for extension. 4. Disclosure Statement
5. Planning Commission Resolution No. 6695 (SDP 05-15x1)
SDP 05-15x2 – RANCHO LA COSTA BUILDING
March 20, 2013
PAGE 3
6. Planning Commission Resolution No. 6418 (SDP 05-15) 7. Reduced Exhibits
G A R B O S O S T
C O R TE PROMENADEVI
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ESTANCIA STV IA IRISCALLE CANCUNACORTE MARINCALLE A NDARSDP 05-15x2
Rancho La Costa Building
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August28,2012
Santa Fe La Costa, LLC
9484 Black Mountain Rd., Suite F
San Diego, CA 92126
phone SsB/271-6701 fax Bs8/271-D752
Jason Goff, Office Specialist
City of Carlsbad
Building Department
1635 Faraday Avenue
Carlsbad, CA 92008
City of Carlsbad
AlJG 3 0 2012
BUILDING DIVISION
We have not acted on our permits because we have been unable to secure financing as all lenders
require building to be pre-leased at least 50% to established tenants. Our brokers have been working
hard for the last few years and so far have not been able to sign tenants due to economic conditions as
well as prospective tenants would like to know future development plans across the street. Our real
estate brokers have been working hard to find tenants and have a few who have expressed interest.
The Town Center that will start construction soon has revitalized an interest in the site and we are in
preliminary talks with the tenants fur more than SO% of the space and are hopeful that we can
accomplish the signing ofthe leases by end of the year.
Admittedly, we have missed some opportunities regarding the exportation of the soil. There now
appears to be an opportunity for possible export to the Town Center site ff the owners were willing to
arrange such. This would be the least intrusive to the community and provide Town Center the soil
they require
Title Report has been ordered and will sent to you upon receipt.
I look forward to hearing from you soon.
ar i Parekh
Manager
«~~· ~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Divbion
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicanfs 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:
PersonJs defined as "Any iridlvid~al, firin., co-partnership, joint venture, .association, social club, fraternal
organi;zalfon, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, .district or other politlcaLsubdivision or any other group or coriribination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be prCJ\Iided 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 publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Hadl..!<Qht1V\ lbreJ:i'\_ Corp/Part._ _______ _
Title AA.anaw Title. __________ _
Address C!l-Kll1 pl~ A'}ln. &f.~ Address, ________ _
2. OWNER (Not the owner's agent)
P-1(1\)
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 corooration 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 publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person '5!1flttA &-.. Lo ~-IJL Corp/Part~---------
Title DWl'\Q,C Title. ___________ _
Address lJL.tW Aldk. /ffi-b, R.J.~ Address ________ _
£an ~~~o, cA q'2 t 7.!..e
Page 1 or1 Revl&ed 07110
3. 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 A!f! person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit!Trust~-------Non Profit!Trust, _________ _
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/or Council within the past twelve (12)
months?
0 Yes J2l" No If yes, please indicate person(s):. ___________ _
NOTE: Attach additional sheets if necessary.
at all the above information is true and correct to the best of my knowledge.
Print or type name of owner Prfritor type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revisen 01110
ATTACHMENT 5
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Extension.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES RANCHO LA COSTA BUILDING-SDP 05-15xl
based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
All findings contained in Planning Commission Resolution No. 6418 dated May 7, 2008,
for SDP 05-15 are incorporated herein by reference and remain in effect.
That such permits and approvals as extended are consistent with the requirements of Title
21 of this code at the time ofthe extension of the site development plan.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 of the state CEQA
Guidelines for "In-fill Development Projects" where the project is consistent with the
applicable general plan designation and all applicable general plan policies as well
as with applicable zoning designations and regulations; the proposed development
occurs within city limits on a project site of no more than five acres substantially
surrounded by urban development; the project site has no value as habitat for
endangered, rare or threatened species; approval of the project would not result in
any significant effects relating to traffic, noise, air quality, or water quality; and the
site can be adequately served by all required utilities, and public services. In making
this determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, 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
building permit or grading permit, whichever shall occur first.
PC RESO NO. 6695 -2-
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1.
2.
3.
4.
5.
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; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Site Development Plan
Extension.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Extension documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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 Site Development Plan
Extension, (b) City's approval or issuance of any permit or action, whether discretionary
or nondiscretionary, 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.
6. Prior to the issuance of a grading permit, 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 Site Development Plan Extension by Resolution No. 6695 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
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7.
8.
9.
10.
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.
All conditions contained in Planning Commission Resolution No. 6418 dated May 7,
2008 for SDP 05-15 are incorporated herein by reference and remain in effect,
except for Conditions No. 10 and 40 which are superseded by Conditions No.8 and
10 listed below.
This approval shall become null and void if building permits are not issued for this
project by November 7, 2012.
Prior to issuance of a building permit, Developer shall cause Property Owner to
execute and submit to the City for recordation a Prepayment Agreement with the
City for prepayment of the obligation for funding to improve Rancho Santa Fe
Road, which will satisfy the special condition in the Zone 11 LFMP requiring a
financing plan guaranteeing construction of Rancho Santa Fe Road. The
Prepayment Agreement shall be in a form to the satisfaction of the City Attorney
and City Engineer.
Prior to issuance of a building permit, the developer shall pay a proportional fair
share contribution, based on Caltrans methodology, towards the design and
construction of a new fully actuated traffic signal at the intersection of La Costa
Avenue and the most southerly driveway of the Rancho La Costa Village shopping
center, all to the satisfaction of the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/ exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on June 16, 2010, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
DONNEU
Planning Director
PC RESO NO. 6695
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, and Schumacher
Commissioners Montgomery and Nygaard
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ATTACHMENT 6
B)
2
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES RANCHO LA COSTA BUILDING -SDP 05-15
based on the following findings and subject to the·following conditions:
3 Findings:
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1.
2.
3.
4.
5.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed two-story building, containing both retail
business and office uses, is consistent with the Local Shopping Center (L) General
Plan Land Use designation and applicable General Plan policies and programs as
discussed in the staff report, and will compliment an existing shopping center in
providing the surrounding local neighborhoods with daily needs and conveniences.
The project site is designed to provide safe and efficient automobile circulation;
provides adequate landscaping consistent with the City of Carlsbad Landscape
Manual; and proposes Spanish Mission architecture consistent with the existing
shopping center and surrounding residential development themes.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all development standards of the La Costa Master
Plan and the General Commercial (C-2) Zone, adequate parking is provided to
serve the proposed retail business and office uses in accordance with the City of
Carlsbad parking standards, and adequate landscaping is provided consistent with
the City of Carlsbad Landscape Manual.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project provides the required setbacks,
architectural enhancements, parking and landscaping consistent with the La Costa
Master Plan, C-2 Zone, and the City of Carlsbad Landscape Manual.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the 261 ADT generated by the commercial retail
and office development proposal will not significantly impact the surrounding road
segments or intersection levels of service.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 of the state CEQA
Guidelines for "In-fill Development Projects" where the project is consistent with the
applicable general plan designation and all applicable general plan policies as well
as with applicable zoning designations and regulations; the proposed development
occurs within city limits on a project site of no more than five acres substantially
surrounded by urban development; the project site has no value as habitat for
endangered, rare or threatened species; approval of the project would not result in
any significant effects relating to traffic, noise, air quality, or water quality; and the
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6.
7.
8.
site can be adequately served by all required utilities, and public services. In making
this determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct 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; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
a.
b.
c.
The project has been conditioned to provide proof from the Encinitas Union
Elementary School and San Dieguito High School Districts that the project
has satisfied its obligation for school facilities.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
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.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, 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
building permit or grading permit, whichever shall occur first.
1.
2.
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; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
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3.
4.
5.
6.
7.
8.
9.
10.
11.
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time ofbuilding permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
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 Site Development Plan,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, 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.
Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito High School District
that this project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
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
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time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
Prior to issuance of a building permit, approval of the design of the pedestrian
safety fence, located at the top of slope along Rancho Santa Fe Road and La Costa
Avenue, shall be obtained from the Planning Director and City Engineer. A detail
of the fence and its location shall be shown on the Final Landscape Plans.
All retaining walls shall consist of a minimum split-faced CMU with a decorative
chamfered edge cap as shown in Detail17 on Exhibit E.
All retaining walls shall be softened by wall climbing vines. Retaining walls, vines,
vine attachments and irrigation shall be shown on the Final Landscape and
Irrigation Plans.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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 Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Prior to the issuance of the grading permit, 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 ofthe Planning
Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Site Development Plan by Resolution(s) No. 6418 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
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which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
The proposed trash enclosure located below the grade of La Costa Avenue shall be
designed to include a decorative trellis roof structure to provide additional
screening from above. The developer shall submit and obtain Planning Director
approval of the trellis prior to the issuance of a building permit.
No outdoor storage of materials 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.
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.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
Prior to issuance of any sign permits, the developer shall submit and obtain
Planning Director approval of a sign program that is designed in conformance with
the City's Sign Ordinance.
19 Engineering:
20 General:
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26.
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Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
Fees/ Agreements:
28.
29.
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.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
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30. Prior to approval of any grading or building penilits 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:
31.
32.
33.
34.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit.
This project may require off site grading. No grading for private improvements shall
occur outside the limits of this approval unless Developer obtains records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
Developer shall install safety railing along Rancho Santa Fe Road and La Costa
Avenue. Design of the railing shall be to the satisfaction of the City Engineer and
the Planning Director.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the City's Standard Urban Storm Water
Mitigation Plan (SUSMP) .. Developer shall provide improvements constructed pursuant to
best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface po,llutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
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c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code. The SWMP shall address measures to avoid contact or filter said
pollutants from storm water, to the maximum extent practicable, for the post-construction
stage of the project. At a minimum, the SWMP shall:
a.
b.
c.
d.
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f.
Identify existing and post-development on-site pollutants-of-concern.
Identify the hydrologic unit this project contributes to and impaired water
bodies that could be impacted by this project.
Recommend source controls and treatment controls that will be implemented
with this project to avoid contact or filter said pollutants from storm water to
the maximum extent practicable before discharging offsite.
Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling cleanup and disposal of pollutants.
Ensure long-term maintenance of all post-construction BMPs in perpetuity.
Identify how post-construction runoff rates and velocities from the site will
not exceed the pre-construction runoff rates and velocities to the maximum
extent practicable.
The Storm Water Management Plan (SWMP) prepared for the project shall show
how the project design incorporates Low Impact Development (LID) practices. Low
Impact Development (LID) design should reference the current County of San Diego
Low Impact Development Handbook (Stormwater Management Strategies). The
design shall help preserve and restore the natural hydrologic cycle of the site by
allowing filtration and infiltration of urban run-off using LID BMPs including but
not limited to vegetated swale/strip, rain gardens, and porous pavement, which can
greatly reduce the volume, peak flow rate, velocity and pollutants.
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-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this Project.
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Dedications/Improvements:
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Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall provide the design of the drainage system to the satisfaction of the City
Engineer. The drainage system shall be inspected by the City. Developer shall pay the
standard improvement plan check and inspection fees.
Developer shall execute a Traffic Signal Development Improvement Agreement to
design and install and post appropriate security as provided by law, a traffic signal
constructed to the satisfaction of the City Engineer. The improvements consist of:
a. Design and construct a new fully actuated traffic signal including all
appurtenances and traffic signal interconnect conduit and cable, at the
intersection of La Costa Avenue and the most southeasterly driveway of the
Rancho La Costa Village shopping center. Developer shall be eligible for
proportionate share reimbursement from Parcel 2, Parcel Map 12586 (MS
574) and from developing properties to the northeast of this intersection (e.g.
MAG Properties). Proportionate share reimbursement shall be based on
Average Daily Traffic generated by the projects.
b. The traffic signal shall be installed only when written approval is received by
the City Engineer.
Prior to issuance of building permits, Developer shall install or secure with appropriate
security as provided by law street lights along all public and private street frontages
abutting and/or within the project site in conformance with City of Carlsbad Standards.
Prior to issuance of building permits Developer shall install or secure with appropriate
security as provided by law sidewalks along all public streets abutting the project site in
conformance with City of Carlsbad Standards.
Prior to issuance of building permits Developer shall install or secure with appropriate
security as provided by law wheelchair ramps at the public street comers abutting the
project site in conformance with City of Carlsbad Standards.
Developer shall preliminarily design, and obtain approval from the City Engineer, the
structural section for the access aisles with a traffic index of 5.0 in accordance with City
Standards due to truck access through the parking area and/or aisles with an ADT greater
than 500. Prior to completion of grading, the final structural pavement design of the aisle
ways shall be submitted together with the required R-value soil test information subject to
the review and approval of the City Engineer.
Utilities:
45. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
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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.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
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.
The 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.
The Developer shall install sewer laterals and clean-outs at locations approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall meet with and obtain approval from the Leucadia Wastewater
District regarding sewer infrastructure available or required to serve this project.
The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding potable water infrastructure available or required to serve this project.
The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding recycled water infrastructure available or required to serve this project.
Code Reminders:
53.
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57.
Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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.
PC RESO NO. 6418 -10-
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58. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
a. The Average Daily Trips (ADT) and floor area contained in the staff report
and shown on the site plan are for planning purposes only. 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.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a) and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 6418 -11-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on May 7, 2008, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Boddy, Cardosa, Douglas, Montgomery, and
Chairperson Whitton
Commissioner Baker
Commissioner Dominguez
11 /FE ~A;~ 12 -----~-------------------------NK H. WHITTON, Chairperson
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
DONNEU
Planning Director
PC RESO NO. 6418 -12-
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