HomeMy WebLinkAbout2018-11-27; City Council; Resolution 2018-200RESOLUTION NO. 2018-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE
CONSTRUCTION AND OPERATION OF A PROFESSIONAL CARE FACILITY
CONSISTING OF THREE BUILDINGS: A 128,745-SQUARE-FOOT THREE STORY
MAIN BUILDING ABOVE A 32,078-SQUARE-FOOT SUBTERRANEAN PARKING
GARAGE, A 42,749-SQUARE-FOOT MEMORY CARE BUILDING ABOVE A
15,921-SQUARE-FOOT SUBTERRANEAN PARKING GARAGE, AND A 4,208-
SQUARE-FOOT ADMINISTRATION BUILDING, ON A 6.38-ACRE LOT,
GENERALLY LOCATED ON THE NORTHWEST CORNER OF FARADAY AVENUE
AND EL FUERTE STREET, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO.: CUP 2017-0008(DEV2017-0042)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on October 3, 2018, hold a duly
noticed public hearing as prescribed by law to consider Conditional Use Permit CUP 2017-0008, as
referenced in Planning Commission Resolution No. 7311; and the Planning Commission adopted
Planning Commission Resolution No. 7311 recommending to the City Council that it be approved; and;
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Conditional Use Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all person desiring to be heard, the City Council considered all factors relating to the Conditional
Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning commission for approval of Conditional Use
Permit CUP 2017-0008, is approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 7311 on file with the City
Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
November 27, 2018 Item #11 Page 113 of 317
3. This action is final, the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of November, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
MATT HALL, Mayor
(SEAL)
November 27, 2018 Item #11 Page 114 of 317
PLANNING COMMISSION RESOLUTION NO. 7311
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND
OPERATION OF A PROFESSIONAL CARE FACILITY ON A LOT ZONED OFFICE
(O), GENERALLY LOCATED AT THE NORTHWEST CORNER OF FARADAY
AVENUE AND EL FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH
BUSINESS PARK IN LOCAL FACILITIES MANAGEMENT ZONE 16.
NAME: OAKMONT OF CARLSBAD
CASE NO.: CUP 2017-0008 (DEV2017-0042)
WHEREAS, Hannah Daugherty, "Developer," has filed a verified application with the City
of Carlsbad regarding property o:wned by Ted Tchang, "Owner," described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
nhe Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibit(s) "A" -"PP" dated October 3, 2018, on file in the Planning Division, CUP 2017-0008 -
OAKMONT OF CARLSBAD, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 3, 2018, hold a duly noticed public
hearing as prescribed by law to consider said request; and
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 CUP.
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 Commission
RECOMMENDS APPROVAL of CUP 2017-0008 -OAKMONT OF CARLSBAD, based on the
following findings and subject to the following conditions:
November 27, 2018 Item #11 Page 127 of 317
Findings:
Conditional Use Permit (CUP 2017-0008)
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, including, if applicable, the
certified local coastal program, specific plan or master plan, in that the proposed professional
care facility will provide shelter for Carlsbad residents in need of social interaction activities,
medical care, dietary, exercising or other medically recommended programs. The use is
compatible with the adjacent open space and nearby light industrial uses by using high quality
building materials, providing greater setbacks from adjacent open space habitat, and featuring
strong architectural relief and interest that avoids a monotonous design. The project will result
in development of an existing graded lot. The facility is in harmony with the General Plan by
providing a desired professional care facility, and the proposed use has been designed to be
compatible with the surrounding uses.
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 in that the proposed use is compatible with
adjacent open space and light industrial uses by using high quality building materials, providing
greater setbacks from adjacent open space habitat, and featuring strong architectural relief and
interest that avoids a monotonous design. The use will not create negative noise, traffic, or
visual impacts. Lastly, safe ingress and egress to the site is provided off of a private driveway
from Faraday Avenue at a signalized intersection.
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 City Planner, planning
commission or City Council, in order to integrate the use with other uses in the neighborhood, in
that the 6.38-acre site is adequate in size and shape to accommodate a professional care facility.
The site does not have any constraints that would impede development or require significant
site alterations. The professional care facility satisfies all applicable requirements, including
but not limited to building setbacks, landscaping in the setbacks, lot coverage, parking
requirements, and design regulations. Lastly, the architecture and design of the facility is
complementary with the adjacent lots (open space), and provides a transition between the
adjacent light industrial office uses along Faraday Avenue to the adjacent open space
surrounding the project site.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed project will generate an average daily trips
(ADT) of 466 which is lower than the 900 ADT EIR 98-08 analyzed for the site. In addition, the
project meets the parking requirements for the proposed use. A sidewalk and a class 2 bicycle
facility exist on Faraday Avenue. Furthermore, organized shuttle buses offered by the facility
shall assist residents with various needs at organized times, thus reducing traffic and demand
for vehicle usage.
PC RESO NO. 7311 -2-November 27, 2018 Item #11 Page 128 of 317
General
5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport {ALUCP), dated December 1, 2011, in that:
a. Noise: Exposure to aircraft noise.
The airport noise contours are established for the purposes of evaJuating the noise
compatibility of land use actions in the AIA. Section 3.3.3.(a) of the ALUCP states "the threshold
for evaluation is the projected 60dB CNEL contour. This contour define the noise impact area of
the airport. As depicted in Exhibit 111-1 of the ALUCP, the proposed project site is located outside
the 60dB CNEL noise exposure range. Therefore, no noise restrictions apply to the proposed
development.
b. Safety: Land use that affects safety both for the people on the ground and in aircraft.
As described in Section 3.4 of the ALUCP, the purpose of the safety compatibility policies is to
minimize risks to people and property in the event of an aircraft accident by setting limits on
the proposed land uses. The safety zones depicted in Exhibit 111-2 of the ALUCP divide the airport
vicinity into 6 safety zones, each representing relative risks for an aircraft accident.
As shown in Exhibit 111-2, the proposed project site is located within Safety Zone 6 (Traffic
Pattern Zone). Per ALUCP Policy 3.4.6.{a)(5} and Table 111-2, congregate care facilities, nursing
homes, and assisted living facilities located in Safety Zone 6 are a compatible land use.
Therefore, no safety restrictions apply to the proposed project.
c. Airspace protection: Protection of airport airspace.
ALUCP Policy 3.5.4(a) indicates that with limited exceptions, no object shall have a height that
would result in the penetration of the airspace protection surfaces for McClellan-Palomar
Airport. As depicted in Exhibit 111-3, the proposed project site underlies the horizontal surface
which is a flat surface established 150 feet above the established airport elevation. Based on
the airport's elevation of 331 feet mean sea level (MSL}, the horizontal surface height is 481
feet MSL. The approximate elevation of Lot 1 is 256 feet MSL. The tallest elevation of the
project's structures, which is an architectural feature of the main building, is 45 feet tall,
bringing the project to an elevation of approximately 301 feet MSL, a difference of about 180
feet would exist between the highest point of the building and horizontal surface (481 feet MSL
horizontal surface -301 feet MSL building height= 180 feet clearance). Therefore, the proposed
project would not penetrate the airspace protection surface for the airport, and is in compliance
with the Airspace Protection criteria. Furthermore, to thoroughly analyze the project, a FAA
Form 7460-1 Notice of Proposed Construction or Alteration was submitted and the FAA
determined the project posed no hazard to airspace navigation.
d. Overflight -Annoyance and other general concerns related to aircraft overflight.
The project site is located within the Airport Influence Area (AIA} Exhibit 1111-5. According to
ALUCP Policy 3.6.3 recordation of an overflight notification is mandated only for new residential
land use development. Since this project is not considered a residential development, rather a
commercial facility, recordation of an overflight notification document is not required for this
project.
PC RESO NO. 7311 -3-November 27, 2018 Item #11 Page 129 of 317
6. The project is cons istent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 16 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.
7. That the City Planner has determined the potential environmental effects of the project were
adequately analyzed by the September 2018 Addendum of Planning Commission Resolution No.
7312, and by substantial evidence that the proposed project, construction and operation of a
professional care facility (Oakmont of Carlsbad) on 6.38-acre. lot will not result in any new
impacts or any increase in severity of impacts beyond those that were previously addressed
under EIR 98-08.
8. That t he project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. 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 grading
permit or building permit, whichever comes first.
1. 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 General Plan Amendment,
Zone Change, Specific Plan Amendment, Conditional Use Permit and Addendum.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit 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 Exhib its. Any proposed development different from this
approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RESO NO. 7311 -4-November 27, 2018 Item #11 Page 130 of 317
4. 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.
5. 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 Conditional Use Permit, (b) city's approval or issuance
of any permit or action, whether discretionary or nondiscretionary, in co.nnection 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 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.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
9. 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.
10. CUP 2017-0008 shall be reviewed by the city planner annually to determine if all conditions of this
permit have been met and that the use does not have a substantial negative effect on surrounding
properties or the public health, safety and general welfare. If the City planner determines that
(1) the conditional use permit was obtained by fraud or misrepresentation; or (2) the use for which
such approval is granted is not be ing exercised; or (3) the conditions of approval have not been
met; or (4) the conditional use permit is being or recently has been exercised contrary to any of
the terms or conditions of approval; or (5) the use for which such approval was granted has ceased
to exist or has been suspended for one year or more; or (6) the use is in violation of any statute,
ordinance, law, or regulation; or (7) the use permitted by the conditional use permit is being or
has been so exercised as to be detrimental to the public health, safety or welfare or so as to
constitute a nuisance, the City planner shall recommend that the Planning Commission hold a
public hearing and after providing the permittee the opportunity to be heard, the Planning
PC RESO NO. 7311 -5-November 27, 2018 Item #11 Page 131 of 317
Commission may revoke and terminate the conditional use permit in whole or in part, reaffirm
the conditional use permit, modify the conditions or impose new conditions.
11. Developer shall submit and obtain city planner approval of a Final Landscape, and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan, and the city's Landscape
Manual. Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the planning division and accompanied by the project's building,
improvement, and grading plans.
13. 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.
14. Developer shall report, in writing, to the city planner within 30 days, any address change from
that which is shown on the permit application.
15. 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
15, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building p'ermit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
16. Prior to the issuance of a grading permit, the Developer shall submit to the city a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued a General Plan Amendment, Zone Change, Specific Plan Amendment, Conditional Use
Permit and Addendum by Resolution Nos. 7310, 7311, 7312 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The City planner has the authority to execute and record an
amendment to the notice which modifies or terminates said notice upon a showing of good cause
by the Developer or successor in interest.
17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry
wall with gates pursuant to city Engineering Standards and Carlsbad Municipal Code Chapter
21.105. Location of said receptacles shall be approved by the City planner. Enclosure shall be of
similar colors and/or materials to the project to the satisfaction of the City planner.
18. 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 City Planner of
. an Outdoor Storage Plan, and thereafter comply with the approved plan.
PC RESO NO. 7311 -6-November 27, 2018 Item #11 Page 132 of 317
19. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property. Project lighting shall be in the amber wavelength and directed
away from native habitat or shielded to minimize light pollution.
20. Approval is granted subject to the approval of Planning Commission Resolution No. 7312
(Addendum) and is subject to all conditions contained in the Mitigation Monitoring and
Reporting Program of EIR 98-08, and Planning Commission Resolution No's: 7310, 7311, 7312.
21. Signage and fencing shall be installed along the northern project limits to inform people that
there is no public access into the adjacent hardline preserve, the sensitive nature of the
proposed adjacent hardline, and associated habitats that are being protected.
22. Developer shall implement, or cause the implementation of Project Mitigation Monitoring and
Reporting Program included in Planning Commission Resolution No. 5244, dated October 8,
2002.
23. Prior to the commencement of any ground disturbing activities, the project developer shall:
A. Retain the services of a qualified paleontologist who shall be on-site for the original
cutting of previously undisturbed native soil (part-time for r.narine terrace deposit
areas and full-time for Santiago Formation deposit areas). The paleontologist shall
recover any discovered fossils and is empowered to temporarily divert or halt grading
to allow recovery in a timely manner. Fossils shall be treated appropriately,
catalogued, and deposited with pertinent field notes, photos, and maps, etc., as a
donation with financial support for initial specimen storage in a scientific institution
with permanent paleontological collections.
B. Retain the services of a qualified archaeologist who shall be on-site for ground
disturbing activities. In the event cultural material is encountered, the archaeologist is
empowered to temporarily divert or halt grading to allow for coordination with the
Luisefio Native American monitor and to determine the significance of the discovery.
The archaeologist shall follow all standard procedures for cultural materials that are not
Tribal Cultural Resources.
C. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other Luisefio tribe that meets all standard requirements of the tribe for such
Agreements. This agreement will address provision of a Luisefio Native American
monitor and contain provisions to address the proper treatment of any tribal cultural
resources and/or Luiseno Native American human remains inadvertently discovered
-during-the-courcse of-the project.-Theagreement-will outline-the-roles-and powers-of __
the Luiseno Native American monitors and the archaeologist.
PC RESO NO. 7311 -7-November 27, 2018 Item #11 Page 133 of 317
Engineering Conditions:
General
24. 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.
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.
26. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
2]. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
28 . Developer shall submit to the city engineer written approval from North County Transit District
(NCTD) demonstrating mass-transit improvement requirements for this project have been
satisfied.
Fees/ Agreements
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.
30. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
31. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
32. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
33. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
PC RESO NO. 7311 -8-November 27, 2018 Item #11 Page 134 of 317
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
34. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP}. The TIER 3 SWPPP shall comply with current requirements and provisions established ·
by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
35. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. · The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
36. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
37. Prior to approval of building permits, the developer shall submit and obtain approval from the
city engineer for a Transportation Demand Management (TDM) Plan as the project is subject to
transportation demand management strategies that reduce the reliance on single-occupant
automobiles. The plan shall include implementation approaches and timelines. '
Dedications/Improvements
38. Developer shall design the private drainage systems, as shown on the site plan to the satisfactidn
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
39. Developer shall prepare and process public improvement plans and, prior to city engineer
.approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
(
A. Street striping and signs to accommodate new turn lanes, extension of an existing turn
lane and modifications to the traffic signal at the intersection of Faraday Avenue and El
Fuerte Street. Signal improvements shall include but not be limited to constructing
signal appurtenances and may include traffic signal interconnect conduit and cable.
B. Abandonment and/or removal of any existing public water services or sewer laterals
along the property frontage that will not be used to service the property, subject to the
PC RESO NO. 7311 -9-November 27, 2018 Item #11 Page 135 of 317
direction of the city engineer.
C. Installation of new water services, backflow preventers and meters.
D. Any modification to driveway approaches within the public right-of-way.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement but in no case shall
said improvements be installed and operational later than issuance of certificate of occupancy.
40. The westerly driveway shall be gated and restricted to emergency vehicles only. Developer shall
cause owner to waive direct access rights by separate document prior to the issuance of a building
permit for the most westerly driveway fronting Faraday Avenue.
41. Prior to issuance of a grading permit, proof of vacation of an existing Buena Sanitation District
easement and dedication of a new easement as noted on the site plan shall be submitted to the
city engineer. If alternative methods to establish sewer access are pursued, Developer shall
submit written proof from Buena Sanitation District that they accept said alternative methods.
42. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design 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
43. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
source and prepare and supmit a colored recycled water use map to the Planning Division for
processing and approval by the district engineer.
44. 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.
45. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders
46. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes only.
47. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
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48. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 16 as required by Carlsbad Municipal Code Section 21.90.050.
49. 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.
50. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code .
51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
52. Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
53 . Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
54. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
PC RESO NO. 7311 -11-
November 27, 2018 Item #11 Page 137 of 317