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HomeMy WebLinkAbout1989-02-01; Planning Commission; Resolution 28121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 2812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 86-ll(A) TO DEVELOP AN APPROXIMATELY 27 ACRE COMMERCIAL/GOVERNMENT CENTER ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF EL CAMINO REAL AND ALGA ROAD. APPLICANT: VON DER AHE CASE NO: SDP 86-lllA) WHEREAS, a verified appl ication has been filed with t Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Planning Commission did, on the 1st day of February, 1989, con request on property described as: Lot 1 of Carlsbad tract no. 82-23 in the City of Carl sbad, County of San Diego, City of Cal ifornia according to the map thereof number 11002 fi 1 ed in the office of the County Recorder of said County and a parcel of land being a portion of record of survey number 9900, County of San Diego, City of California filed in the office of the County Recorder of said County together with those portions of the west half of the northeast corridor of section 26, township 12 south, range 4 west, San Bernardino Meridian in the County of San Diego, City of California according to the official plat thereof. WHEREAS, at said public hearing, upon hearing and cons. testimony and arguments, if any, of all persons desiring to be t Commission considered all factors relating to SDP 86-ll(A). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning COI the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the APPROVES SDP 86-ll(A), based on the following findings and sub following conditions: //// .. . I1 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findinqs; 1. The Planning Commission has, by inclusion of an appropriate cc this project, ensured building permits will not be issued for 1 unless the City Engineer determines that sewer service is avai building cannot occur within the project unless sewer servi available, and the Planning Commission is satisfied that the rc of the Pub1 ic Facilities Element of the General Plan have been r as they apply to sewer service for this project. 2. A1 1 necessary publ ic improvements have been provided or will t as conditions of approval. 3. The appl icant has agreed and is required by the incl us appropriate condition to pay a public facilities fee. Performa contract and payment of the fee will enable this body to find . facilities will be available concurrent with need as requi, General P1 an. 4. This project will not cause any significant environmental imf Negative Decl arati on has been issued by the P1 anning Director 0, 9, 1988 and recommended for Approval by the Planning Com February 1, 1989. In approving this Negative Declaration tt Commission has considered the initial study, the staff ana required mitigation measures and any written comments receivec the significant effects this project could have on the envirol 5. The appl icant is by condition, required to pay any increase facility fee, or new construction tax, or development fees, and to abide by any additional requirements established by a Local Management Plan prepared pursuant to Chapter 21.90 of th Municipal Code. This will ensure continued availability facilities and will mitigate any cumulative impacts creat project . 6. This project is consistent with the City’s Growth Management 0 it has been conditioned to comply with any requirement appro\ of the Local Facilities Management Plan for Zone 6. 7. This project was subject to Chapter 21.95 of the Carlsbad Mun (Hillside Ordinance) and meets all the requirements of that ensure the sensitive treatment of the City’s hillside resourc, 8. The Site Plan is an orderly and attractive association of corn governmental land uses. The Site Plan provides safe and effic to parking areas from the publ ic streets. The Site P1 an a1 ~ attractive pedestrian circulation onsite. The Site Plan provi landscape screening, architectural treatment and lower level ensure compatibility with existing and future surrounding areas. //// PC RES0 NO. 2812 -2- I1 I1 ,I* * !I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 0 0 9. The site plan is consistent with Carl sbad's Local Coastal I providing a site sensitive design which affords extensive lands( through the site. Signage for the 27 acre site is appropriate1 and within the requirements of Carlsbad's Local Coastal Progra Conditions: PLANN I NG . 1. If any condition for construction of any public improc facilities, or the payment of any fees in lieu thereof, impos approval for SDP 86-ll(A), SUP 88-1, HDP 88-11, CUP/PCD/GPC 87. 14, CUP 88-15, ZC 88-1, LFMP 6A, and LCPA 88-2 , or as imposec in Government Code Section 65913.5. If any such condition is to be inval id this approval shall be inval id unless the Ci determines that the project without the condition complie: requirements of 1 aw. this project are challenged this approval shall be suspended i 2. Approval of SDP 86-ll(A) is granted subject to the approval 01 HDP 88-11, CUP/PCD/GPC 87-9, CUP 88-14, CUP 88-15, ZC 88-1, 1 LCPA 88-2. 3. The following architectural Design Standards shall apply to Pi as shown on Exhibits "A", "B", "C", "D", "K", and "Q" - "Y". AI or requested change to these standards shall necessitate comprehensive review and revision of SDP 86-ll(A), SUP 88-1 2 11. a) Building height maximum 25 feet. Architectural towers wh no leasable floor area shall not exceed 31 feet as per I b) The building footprint shall not exceed the exact dimt area shown on the site plan Exhibits "A", "B", "C", "K" "Y", dated February 1, 1989. c) Preferred architectural style Mediterranean in a form, . presence which enhances the center consistent with Exh. "K", dated February 1, 1989. Other styles may be COI deemed compatible by the Planning director; d) Exterior colors to be compatible with adjacent building e) All roof equipment shall be screened as per Exhibit "H" f) Signage shall conform to Exhibits "Q" - "Y', dated Februa 4. Approval is granted for SDP 86-11 (A), as shown on Exhi bit(s) dated February 1, 1989, incorporated by reference and on f P1 anning Department - Development shall occur substanti a1 1 unless otherwise noted in these conditions. ' PC RES0 NO. 2812 -3- 3'. I 0 0 1 2 3 4 5 5. This approval shall become nul 1 and void if any bui 1 ding permi issued for this project within two years from the date of projec by the California Coastal Comnission. 6. No food or beverage service outside of an approved build building shall be allowed on the site. Outdoor cafe's or conjunction with an established food or beverage service bu allowed upon review by the Planning Director. In such in employees are allowed to serve customers outside of an approvc or building pad. 6 7. No permanent or temporary outdoor storage or display of mat€ occur onsite unless approved by the Fire Chief and Planning Dil by the Fire Chief and the Planning Director prior to any such 7 8. No carts, displays or other objects may be placed in front of 9 di spl ay . a such instance a storage and/or display pl an wi 11 be submitted fl store that would obstruct pedestrian traffic passing in fr, 10 stores. 11 12 13 14 9. All landscaped areas shall be maintained in a healthy an condition, free from weeds, trash, and debris. Any landscapi not healthy and thriving shall be immediately replaced. If i after landscaping the site the Planning Director determines thi is not met, and after written notice to the applicant and if no' business licenses shall not be issued for the site. within 30 days from said notice, subsequent land use permits, 15 /I u PRIOR TO THE ISSUANCE OF A GRADING PERMIT FOR THE PROJECT THI CONDITIONS MUST BE MET: " - II Lb 10. The applicant shall provide to the Planning Director, nine COI 17 Coastal Comnission's approval of the project - One copy for fil 18 19 1 and use application files. Environmental (Sch #88090714): 11 - A1 1 appl icant submittals to the P1 anning Director of the City reference: a) the project file no. SDP 86-ll(A); and b) th 20 Declaration's State Clearinghouse No. (SCH #88090714). 21 to fulfill the conditions of the mitigated Negative Declar; 22 23 24 12. The applicant shall submit a detailed 1 andscape plan to tl Director for review and approval - The 1 andscape plan shall "coastal sage scrub" type plant materials in the landscape pa the site's westerly slope. The intent of this planting is ' corridor of "naturalized" biological habitat which is ae pleasing, controls soil erosion, and is not a fire hazard. 25 13. Archaeoloqv. The applicant shall submit written evidence to t 26 PC RES0 NO. 2812 -4- 27 Director to show, monitor and report the fulfillment of the f 28 I. 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a) The brushing and initial stages of grading shall be monil SOPA certified archaeologist prepared to document and re significant archaeological material which might appear. b) A SOPA certified archaeologist shall be retained by the and be present at the pregrade conference and durin activities. Prior to issuance of grading permits, the archaeologist shall prepare for review and approval by thl Director a research program that establishes procec archaeological resource survei 11 ance. The research pro! define, in cooperation with the project developer and P1 anning Department, procedures for temporarily hi redirecting work to permit the sampling, identifica evaluation of the artifacts as appropriate. c) The project archaeologist and project developer shall be r for all archaeological material recovered during the pro archaeological materi a1 shall be described in a professio which receives sufficient distribution to ensure its av to future researchers. Prior to issuance of occupancy ~ copy of this publication shall be submitted to the Carlsba Department for transmittal to the Carlsbad Historical So d) The project archaeologist and project developer shall be r for all archaeological material recovered during the pro donated to a local institution which has proper facil curation, display, and use by interest scholars and tl pub1 ic. 14. Paleontoloqv. The applicant shall submit written evidence to th Director to show, monitor and report the fulfillment of the fo a) Prior to any grading at the project site, the project shall be responsible for a qualified paleontologist to h to perform a walkover survey of the ungraded portions o and to review the soil reports and City approved gradin determine if proposed grading and regarding of the site k undisturbed portions of the Santiago Formation. b) The qual ified paleontologist shall be retained to perfor inspections of the site and to salvage exposed fossils. small nature of some of the fossils present in thr Formation, it may be necessary to coll ect 1 arge samples for laboratory processing through fine screens. c) The paleontologist shall be allowed to divert or direct the area of an exposed fossil in order to facilitate evall if necessary, salvage artifacts. d) The project developer and paleontologist shall be respc all fossils collected to be donated to a public, institution with a research interest in the materials, ! PC RES0 NO. 2812 -5- .-. 0 e 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 San Diego Natural History Museum, e) Any conflicts regarding the role of the paleontologisl grading activities of the project shall be resolved by thc Director. 15. Pursuant to the Native American Heritage Comnission letter to tl Carlsbad dated September 29, 1988, the applicant shall submi evidence to the Planning Director to show, monitor and report t with the following condition to mitigate any potential impact American remains. For the preservation and protection of Nativl remains and associated grave goods, the following actions musi by the appl icant imnediately upon the discovery of rema construction site: a) Stop work immediately and contact the County Coroner anc Director of the City of Carlsbad, b) The Coroner has two working days to examine remains ai notified by the person responsible for the excavation remains are Native American, the Corner has 24 hours to Native American Heritage Commission. c) The Native American Heritage Comnission will imnediately person it believes to be the most 1 ikely descendent of th Native American. d) The most likely descendent has 24 hours to make recomnen the owner, or representative for the treatment or dispos property dignity,of the remains and grave goods. e) If the descendent doesn't make recomnendations within 24 owner may reinter the remains in an area of the property s further disturbance, or If the owner doesn't accept the descendent's recomnenda owner or the descendent may request mediation by the Nativ Heritage Commission. Phone number (916) 322-7791. 16. Compliance with all public facility improvements required by t Local Facil i ties Management P1 an for Zone 6 shall be shot satisfaction of the Planning Director. 17. This project shall comply with all conditions and mitigation r the Zone 6 Local Facil i ties Management P1 an approved by the Ci on November 10, 1987, incorporated herein and on fi 1 e in th Department and any future amendments to the Plan made pri issuance of building permits. 18. The applicant shall provide school fees to mitigate con( overcrowding as part of building permit application. These fec based on the fee schedule in effect at the time of build PC RES0 NO. 2812 -6- '8 ' I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 application. 19, The developer shall show and guarantee to the satisfaction of Engineer and Planning Director the construction of detenti concurrent with development to maintain the capacity of t drainage facilities per current City standards. 20. Pursuant to the State Department and Fish and Game memorandum t of Carlsbad dated October 4, 1988, applicant compliance with the condition shall be shown to Planning Director to mitigate shor term impacts to Batiquitos Lagoon: 'Detentionjsiltation basins created by the project shall be maintained as long as needed during construction and thereafter to prevent sediment transport into Batiquitos Lagoon. Detention/siltation basins shall contain 'grease catching' devices to prevent urban pollutants from entering the Lagoon." Site Desiqn. 21. Site Desiqn. The developer shall provide the City with a re 24" x 36", 100 scale my1 ar copy of Exhibits "A" - "Y", dated F 1989 as approved by the P1 anning Commission. The first sheet of copies shall copy all the conditions of approval by the City a Comnission. The mylar copies shall be submitted to the Plannin and City Engineer for review and approval. 22. LandscaPe. The applicant shall prepare and submit a detailed and irrigation plan which implements Exhibits "A" - "K", date grading or building permits, whichever occurs first. 1, 1989 to the P1 anning Director for approval prior to the i 17 23. An attractive fence compatible with the site plan shall be around the desiltation/detention basin to the satisfaction of tt 18 Director. 19 BJ PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE PROJECT, THE 20 CONDITIONS MUST BE MET. 24. A 500' scale map of the parcel map shall be submitted to th use approvals and show all lots and streets within and adjac 21 project. 22 Director for review and approval. Said map shall cross referent 23 25, The applicant shall provide to the Planning Director nine cop land use application file. 24 Coastal Comnission's approval of the Project - One copy for fil PC RES0 NO. 2812 -7- 27 Engineer determines that sewer facilities are available at t 26 will not be issued for development of the subject property unl e 26. This project is approved upon the express condition that build- 25 28 i' a 0 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 2o I 21 22 23 24 25 26 27 28 application for such sewer permits and will continue to be availl time of occupancy. 27. This project is a1 so approved under the express condition applicant pay the public facilities fee adopted by the City ( July 28, 1987 and as amended from time to time, and any develol established by the City Council pursuant to Chapter 21.90 of thl Municipal Code or other ordinance adopted to implement a growth I system or facilities and improvement plan and to fulfill the SUI agreement to pay the public facilities fee dated June 20, 1981 agreement to pay the Growth Management Fee dated June 20, 1988, which are on file with the City Clerk and are incorporatel reference. If the fees are not paid this application wi' consistent with the General Plan and approval for this projec. void. 28. A detailed lighting and signage program for the entire site submitted to the Planning Director for review and approval. T shall minimize site illumination to surrounding residential an roadways. All signage, lighting and illumination shall be consi reflect downward and avoid any vi sua1 or glare impacts to s residential areas and roadways. Exhi bits "A" - "K" and "Q" - "Y" dated February 1, 1989, and d 29. The applicant shall establish reciprocal easements for access parking for those portions of the loop road between Alga at Man Dove Lane which fronts parcels 1 and 2 as shown on Exhibit "A parking areas subject to such use within SDP 86-11(A) on the u of parcel 3 and on parcel 2 on Exhibit "A". Such easement! submitted to and approved by the Planning Director, City Eng City Attorney prior to building permit issuance and shall bl concurrent with close of escrow for parcel 1 and/or 2. In the purchase agreement between the applicant and the City post office, the City and/or the post office shall specify th improvements desired as a condition of the purchase prior to thr City or post office accepts del ivery of said parcel . AI improvements, the City or post office may elect to specify tha be delivered with or without the crib wall shown on Exhibit If the site is to be delivered without the crib wall, that porl 2:l slope which replaces the crib wall shall be temporarily 1anc irrigated to prevent erosion. In no case, however, shall provided 1 ess than that shown on Exhi bit "A" dated February 1, : library entrance moved closer to the entrance to the theater. 30. Approval of the project shall not excuse compl iance with a1 1 5 the Zoning Ordinance and all other applicable City ordinances at time of building permit issuance. 31. All trash receptacle areas shall be enclosed by a six-foot hi wall with gates pursuant to City standards as shown on Ex Location of said receptacles shall be as shown on Exhibits "E PC RES0 NO. 2812 -8- , *- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 0 0 "C". 32. Additional outdoor seating shall be provided to the satisfacti Planning Director. 33. The applicant shall submit detailed Exhibits to the Planning Dil Review and approval which will show the Location of a preventors, utility and electrical boxes, and other ancillar facilities for the site. These facilities shall be designed ar to remove or obscure them from publ ic view and allow for easy m; of these facilities outside of pedestrian and auto travel lanes 34. The applicant shall show to the Planning Director how identification and/or addresses shall be placed on a1 1 new an( buildings so as to be plainly visible from the street or acc color of identification and/or addresses shall contrast background col or. CJ PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR THE PRO FOLLOWING CONDITIONS MUST BE MET: Environmental. 35. A periodic parking lot sweeping and cleaning program that c site's pavement of urban runoff pollutants shall be submitt Planning Director for review and approval. 36. The applicant shall submit to the Planning Director for r approval a report which reports how all conditions of, and COI the mitigated Negative Declaration (SCH #88090714) have been The report may also include suggestions to improve the env protection provided by the project approval. Site Desiqn. 37. A1 1 roof appurtenances, including air conditioners, architecturally integrated and concealed from view and the soun from adjacent properties and streets, pursuant to Building Directors of Planning and Building. Policy No, 80-6, and as shown on Exhibit "H" to the satisfact 38. Compact parking spaces shall be 1 ocated in 1 arge groups in 1 o shown on Exhibit "A", all compact parking spaces shall be ident pavement graphics or be signed consistent with Exhibits "Q" - 39. As shown on Exhibit "B" all parking lot trees shall be a min gallons in size. 40. The developer shall instal 1 street trees at the equivalent intervals along all publ ic street frontages in conformance wi Carl sbad Standards. The trees shall be of a variety selecte, approved Street Tree List as shown on Exhibit "B". PC RES0 NO. 2812 -9- ,. >Os 0 e 1 2 3 4 5 6 7 8 9 3.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41. The project shall attempt to develop a ride to work and home p) its employees with the North County Transit District. Furthe\ project shall attempt to limit the staggering of worker shift2 facilitate the success of said program. 42. The project shall provide bus stop facilities at locations subj satisfaction of the North County Transit District. Said facili at a minimum include a bench, free from advertising, and a PO' bus stop sign. The bench and pole shall be designed in a manne not detract from the basic architectural theme of the projecl design shall be subject to the approval of the Planning Director County Transit District. 43. Reciprocal easements for shared parking and access shall be r stated in Condition No. 26. a ENGINEERING CONDITIONS. 44. Pretreatment of the sanitary sewer discharge from this projc required. In addition to the requirements for a sewer connect the developer shall conform to the requirements of Chapter 13 Carl sbad Municipal Code. The developer shall apply for an waste discharge permit concurrently with the bui 1 ding permil project. No Certificates of Occupancy for the project will before the industri a1 waste discharge permit appl ication requirc been met, all applicable fees paid and the permit issued. 45. Prior to issuance of any building permit for the project, the shall submit a detailed report prepared by a registered civi acceptable to the City on the existing condition of the A: trunkline. The report shall be based upon a video inspect. trunkline adjacent to the project site and extending to the station. The video tapes shall be submitted to the City Enginel report and shall become the property of the City, The report sl the condition of the pipe and recomnend any remedial measures to bring the sewer line into conformance with City Standard! repairs are necessary the developer shall submit a proposed 5 repairs and a method of financing such repairs acceptable tl Engineer. This condition may be satisfied by adjacent devel similar conditions. 46. Repair or reconstruction of the Ayers sewer trunkline shall bc prior to occupancy of any portion of this project unl demonstrated to the satisfaction of the City Engineer and tt Director that: a) Adequate capacity is available to accommodate the sewagc this project, and b) An agreement and appropriate security (bond) is accepted of Carlsbad. The agreement shall guarantee the proporti1 of this project (by equivalent dwelling unit) for the PC RES0 NO. 2812 -10- .a e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reconstruction of the Ayres sewer main, pump station or fc including but not 1 imi ted to; manholes, 1 ateral s, t facilities, pump station and force mains. 47. Each proposed building shall be serviced by a separate 6" min, 1 ateral . 48. The developer shall obtain a grading permit prior to the commel any clearing or grading of the site. 49. The grading for this project is defined as "control 1 ed grading" 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be under the observation of a civil engineer whose responsibilit: be to coordinate site inspection and testing to ensure complia work with the approved grading plan, submit required reports t Engineer and verify compl iance with Chapter 11.06 of the Muni ci pal Code. 50. Upon completion of grading, the developer shall ensure that an " geologic plan shall be submitted to the City Engineer. The clearly show a1 1 the geology as exposed by the grading operl geologic corrective measures as actually constructed and must b a contour map which represents both the pre and post site grad plan shall be signed by both the soils engineer and the e geologist. The plan shall be prepared on a mylar or similar dra and shall become a permanent record. 51. No grading shall occur outside the limits of the project unles of permission is obtained from the owners of the affected prop 52. This project is approved specifically as a balanced grading op shown on Exhi bit "A". 53. All slopes within this project shall be no steeper than 2:l. 54. Prior to hauling construction materials to any proposed constrs within this project the developer shall submit to and receiv from the City Engineer for the proposed haul route. The devel comply with all conditions and requirements the City Engineer with regards to the hauling operation. 55. The developer shall exercise speci a1 care during the construc of this project to prevent any offsite siltation. The devel provide erosion control measures and shall construct desiltation/detention basins of type, size and location as apprl City Engineer. The basins and erosion control measures shall bl specified on the grading plan and shall be constructed to the s; of the City Engineer prior to the start of any other grading ( Prior to the removal of any basins or facilities so constructc served shall be protected by additional drainage facilities, slc control measures and other methods required or approved bj Engineer. The developer shall maintain the temporary basins i PC RES0 NO. 2812 -11- _. I. e 0 1 2 3 4 5 6 7 8 9 control measures for a period of time satisfactory to the City and shall guarantee their maintenance and satisfactory performanc cash deposit and bonding in amounts and types suitable to Engineer. 56. Additional drainage easements and drainage structures shall be 57. The developer shall construct desiltation and detention basins and size and at location(s) as approved by the City Enginl developer shall enter into desiltation and detention basin mi agreement (s) and submit a maintenance bond(s) satisfactory tc Engineer prior to the approval of grading, building permit or whichever occurs first for this project. Each desiltation basi serviced by an all-weather access/maintenance road. The pro\ this agreement shall apply to any offsite borrow sites whil utilized in the construction of this project as required by Engineer. or installed as may be required by the City Engineer. 1 10 11 58- 12 59. 13 14 15 16 60. Prior to approval of any grading permit for this project, the shall offer an easement for the proposed detention basin. The owner of the subject property shall execute a hold harmless regarding drainage across the adjacent property prior to the a any grading or building permit for this project. The drainage system shall be designed to ensure that runoff res1 a 10-year frequency storm of 6 hours or 24 hours duration under conditions, is equal to or less than the runoff from a storm o frequency and duration under existing developed conditions. B and 24 hour storm durations shall be analyzed to determine the basin capacities necessary to accomplish the desired results. 17 61. Runoff from this project is conveyed to environmentally sensit approved by the City Engineer prior to issuance of grading c from drainage prior to discharge. P1 ans for such improvement 18 The subdivider shall provide adequate means of eliminating grea 19 permit . 20 21 22 23 24 62. This project is located within the Batiquitos Lagoon Management development design shall comply with the requirements of that 63. The developer shall make an offer of dedication to the City for streets and easements required by these conditions or shown ( development plan. The offer shall be made prior to issua building permit for this project. All land so offered shall to the City free and clear of all liens and encumbrances and w to the City. Streets that are already public are not reql rededicated. 25 26 PC RES0 NO. 2812 -12- 27 improvement plans and enter into a secured agreement with tl 64. The developer shall obtain the City Engineer’s approval of 28 ,. I! e 0 1 2 3 completion of said improvements prior to issuance of any buildi within this project. The improvements shall be constructed issuance of a certificate of occupancy for any unit within thf Said improvements shall be accepted for maintenance by the Cit; issuance of occupancy of the final 10% of the shopping cen. improvements are: 4 11 a) All pub1 ic improvements shown on Exhibit "A" , dated Fe 1989. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 b) Bus stop facilities including but not limited to: illuminated shelter, trash receptacles, landscape and irr shown on Exhi bit "C" dated February 1, 1989. c) All sewer, water, storm drainage and other utilities to project, and same to be extended to the boundaries of thi d) West 1/2 street improvements of El Camino Real, includi limited to; full median, curb, gutter and sidewalk, paving and offsite transitions. e) North 1/2 street improvements of Alga Road including but r to; full median, curb, gutter and sidewalk, paving a1 transitions. f) Improvements to Dove Lane; full width onsite, half widt offsite, all within full width dedicated and graded roa El Camino Real to the western boundary of this project. g) Traffic signals or signal modifications listed below to bc bonded, and approved prior to issuance of any building pc conduits and pedestal foundations shall be constructed with adjacent street improvements. Traffic signal -heac arms will not be installed until specifically required I I I 1 Engineer . h) Traffic Signals: (1) El Camino Real and Dove Lane (100% upgrade) (2) El Cami no Real and A1 ga Road (100% upgrade) (3) Alga Road and Mazanita Street (100%) (4) Dove Lane and north entrance (100%) 22 i) Relocation of C.R.M.W.D. pressure reducing station vq Camino Real and Dove Lane. 23 65. Unless a standard variance has been issued, no variance 24 PC RES0 NO. 2812 - 13- 27 compliance with S.D. regional standards. 26 February 1 , 1989. Access ramps shall be required at a1 1 c 66. Pedestrian access shall be provided as shown on Exhibits "A" - 25 Standards is authorized by virtue of approval of this site pl 28 1. ,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 e e 67. The developer shall comply with all the rules, regulations a requirements of the respective sewer and water agencies regardin! to the project. This includes dedications of necessary easem to building permit issuance. 68 . The developer may construct the shopping center (parcel 3) as ( The developer may, however, as described below, build certain in phases. All pads not intended to be immediately built upor hydroseeded and temporary irrigation lines installed- Erosic shall be establ ished for each area waiting for development. 1 improvements shall be constructed with the first phase. a) The market shall be constructed first with all parking ea as well as the western access road from Alga Road to Dove uti1 i ties shall be constructed onsi te and stubbed to la portions of this site. The only portion of parcel 3 remain temporarily undeveloped are: Pad A, Pad B, BI Building B, the theater and the theater parking lot west c road. b) Pad A and Pad B will be responsible for completion 0' onsite improvements including but not limited to a.c. ove striping of parking isles and reconstruction 01 improvements, landscaping, etc. c) Building A and Building B will be responsible for com adjacent onsite improvements including but not limite overlays, re-striping of parking isles and reconstruction improvements, landscaping, etc. d) The theater shall be responsible for completion improvements adjacent to, including but not limited to; benches, landscaping, parking lots, drainage systems, 1 of pavement or parking areas and reconstruction ( improvements, as well as full improvement of the parki shown on Exhibit "Y". e) The library shall be responsible for completion of adjac improvements including but not limited to; walkways landscaping, parking lots, drainage systems, re-striping or parking areas and reconstruction of damaged improvemen as full improvement of the parking area as shown on Park "Y". f) The post office shall be responsible for completion 1 onsite improvements including but not 1 imited to; wal kwaJ landscaping, parking lots, drainage systems, re-striping or parking areas and reconstruction of damaged improveme1 as full improvement of the parking area as shown on Exh "Y". PC RES0 NO. 2812 -14- 28 ? '* ll e 0 69. The applicant shall agree to utilize reclaimed water, in Type 1 1 the subject property in all common areas as approved by the City 2 70. The reclaimed water irrigation system shall be maintained anc the district total assurance that they would always have the 2 consistent with the requirements of the City of Carl sbad, 3 discharge the affluent. 4 contractual agreement with the maintenance association that i future reclaimed water distribution systems should be anticipa. 6 71. Irrigation systems to accommodate future reclaimed water shall b 5 consistent with Title 17 of the California Administrative Code 7 72. 8 9 10 11 The design of all private streets and drainage systems shall bl by the City Engineer prior to issuance of any grading or build for this project. The structural section of all private strc conform to City of Carlsbad Standards based on R-Val ue tests. T streets and drainage systems shall be designed, constructed a as required for surface improvements. The onsite circulation ar systems shall be shown in detail on the grading plan. A streets, circulation and drainage systems shall be inspected bJ Appropriate plan check and inspection fees shall be paid prior I of plans or issuance of permits. 12 73. The developer or successors in interest shall be responsibl 13 maintenance of all onsite facilities including but not limited 14 a) Detention basin. 15 16 b) A1 1 private onsi te drainage systems, terrace ditches, et c) All onsite pedestrian walkways, bench areas and parkway5 17 d) The 1 oop road, 1 andscaping, and parking areas. 18 19 20 21 22 23 e) The slopes onsite and adjacent to this site including thc and western slope adjacent to library and post offi condition may be modified by an approved agreement betwec of Carl sbad and Carl sbad Retail Associates/the Developel 74. Construction of or improvement to Dove Lane west of library e be deferred until development of adjacent properties. The dl this project (SDP 86-11) shall design the remaining portion to and post a cash deposit for that portion. The adjacent deve be reimbursed for the completion of remaining improvements bas approved estimate provided. 24 75. A1 1 entrances and the aisle in front of the market shall be ke parked vehicles at all times, and shall have posted "No Parkin 25 Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Munici 26 76. The developer shall be responsible for coordination with 27 PC RES0 NO. 2812 -15- 28 .I .. 1 e e Pacific Telephone, and Cable TV authorities. .I. 77. 2 3 4 5 6 A portion of Dove Lane as shown on the site plan is located a property which neither the City nor the developer has sufficienl interest to permit improvements to be made without acquisition he/she may petition the City to acquire said property through cor proceedings. A1 1 costs for such condemnation shall be bort developer. The Developer shall be entitled to petition the reimbursement of costs for acquisition from adjacent property 01 the City Council denies the petition to condemn this project shall be null and void. or interest. Should the developer be unable to acquire said 7 78. Prior to the issuance of building permits, complete building p’ 8 a FIRE DEPARTMENT. be submitted to and approved by the Fire Department. 9 10 11 12 13 79. An all-weather access road shall be maintained throughout cons 80. A1 1 required fire hydrants, water mains and appurtenances operational prior to combustible building materials being loca project site. 81. Brush clearance shall be maintained according to the spec contained in the City of Carlsbad Landscape Guidelines Manual. 14 82. All fire alarm systems, fire hydrants, extinguishing systems, design of the building and shielding to prevent noise and visua 83. All roof-top appurtenances shall be architecturally integrate 16 to the Fire Department for approval prior to construction. 15 sprinklers, and other systems pertinent to the project shall be 17 subject to approval before issuance of permit. 18 84. Building exceeding 10,000 sq. ft. aggregate floor area sprinklered or have four-hour fire walls with no openings the 19 shall split the building into 10,000 sq. ft. (or less) areas. 20 21 22 23 24 25 26 27 PC RES0 NO. 2812 -16- //// ///I //// ///I //// ///I 28 11 1 .*: -< T /I 0 0 11 PASSED, APPROVED, AND ADOPTED at a regul ar meeting of the '11 Commission of the City of Carlsbad, California, held on the 1: 2/1 February, 1989, by the following vote, to wit: 3 4 AYES: Chairperson Hall, Commissioners: Schramm, Schlc Holmes, Erwin, McFadden & Marcus. 5 11 NOES : None. 6 7 ABSENT: None. ABSTAIN: None. 8 9 10 ATTEST: CARLSBAD PLANNING COMM I ss I 11 12 13 14 15 16 17 18 1 44/L.Jq~~l. d@h 1 MICHAEL J. HOc?MILLm PLANNING DIRECTOR ~ 19 I/ 20 21 22 23 iI 24 25 26 27 28 PC RES0 NO. 2812 -17-