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HomeMy WebLinkAbout1998-06-17; Planning Commission; Resolution 4311e 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 PLANNING COMMISSION RESOLUTION NO. 4311 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 11.78 ACRES INTO 8 LOTS FOR THE DEVELOPMENT OF A NEIGHBORHOOD COMMERCIAL SHOPPING CENTER ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL AND NORTH OF LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6 CASE NAME: LA COSTA LUCKY SAV-ON SHOPPING CENTER CASE NO.: CT 97-09 WHEREAS, American Stores Properties Inc., “Developer”, has filed a application with the City of Carlsbad regarding property owned by American Stores Prl Inc. and Leucadia County Water District, “Owner”, described as CARLSBAD TRACT NUMBER CT 97-09 TO SUBDIVIDE Those portions of Lots 9, 14, and 15 in Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to CT 97-09, Exhibit “A”, dated June 17,1998, on file in the Planning Department. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentati Map as shown on Exhibit(s) “A” - “Y” dated June 17,1998, on file in the Planning De] LA COSTA LUCKY SAV-ON SHOPPING CENTER, CT 97-09 as provided by ( 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of June 1991 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all tc and arguments, if any, of persons desiring to be heard, said Commission considered al relating to the Tentative Tract Map. g. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the I Commission of 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 Corr 09 based on the following findings and subject to the following conditions APPROVES, LA COSTA LUCKY SAV-ON SHOPPING CENTER, Findings: 1. That the proposed map and the proposed design and improvement of the subdi7 conditioned, is consistent with and satisfies all requirements of the General P applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and I Subdivision Map Act, and will not cause serious public health problems. 2. That the proposed project is compatible with the surrounding future land us surrounding properties are designated for public utility, open space, or corn development on the General Plan and that the site is designated for Neigh1 Commercial land uses and a market and drug store is consistent w designation. 3. That the site is physically suitable for the type and intensity of the development : site is adequate in size and shape to accommodate commercial developmer intensity proposed, in that the project meets all the requirements of the unc zone without the need for a variance from development standards. 4. That the design of the subdivision or the type of improvements will not conf easements of record or easements established by court judgment, or acquire( public at large, for access through or use of property within the proposed subdivis 5. That the property is not subject to a contract entered into pursuant to tl Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future p; natural heating or cooling opportunities in the subdivision, in that the area is do by westerly wind patterns which allow the utilization of natural heating and opportunities and the large building separation and east to west building a1 enhances these opportunities. 7. That the design of the subdivision and improvements are not likely to cause su environmental damage nor substantially and avoidably injure fish or wildlife habitat, in that the project improvements will not impact the wetland habital along San Marcos Creek. PC RES0 NO. 43 11 -2- 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 e 8. That the discharge of waste from the subdivision will not result in violation of California Regional Water Quality Control Board requirements, in that the pro been designed in accordance with the Best Management Practices for water protection in accordance with the City’s sewer and drainage standards. In a the project is conditioned to comply with the National Pollution Dj Elimination System (NPDES) standard to prevent any discharge violations. 9. The Planning Commission finds that the project, as conditioned herein for CT ( in conformance with the Elements of the City’s General Plan, based on the follow a. Land Use - The site is designated for neighborhood commercial land a market and drug store would be consistent with this designation. b. Circulation - The project would provide intersection and 1 improvements to El Camino Real and La Costa Avenue, including signalization, additional turn lanes, deceleration lanes and advanced I signals. C. Noise - Temporary construction activities would be required to coml the City’s Construction Noise Ordinance and the project would coml the noise guidelines. d. Housing - The project is conditioned to pay a non-residential afl housing impact linkage fee if adopted by City Council. e. Open Space and Conservation - The project would not impact vegetation or habitat value and no known archaeological or paleoni resources exist onsite. f. Public Safety - All buildings would meet UBC and state seismic cot improvements would be located outside of the San Marcos Creek fll Proposed development within the floodplain would not increas hazards in the area or down stream. 10. The project is consistent with the City-Wide Facilities and Improvements P applicable local facilities management plan, and all City public facility polic ordinances since: a. The project has been conditioned to ensure that the final map will not be a unless the City Council finds that sewer service is available to serve the In addition, the project is conditioned such that a note shall be placed on map that building permits may not be issued for the project unless the Engineer determines that sewer service is available, and building cam within the project unless sewer service remains available, and the Engineer is satisfied that the requirements of the Public Facilities Elemel General Plan have been met insofar as they apply to sewer service for this PC RES0 NO. 43 11 -3 - e 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 b. Statutory School fees will be paid to ensure the availability of school fac the Encinitas School District; c. All necessary public improvements have been provided or are req conditions of approval; and d. The developer has agreed and is required by the inclusion of an apl condition to pay a public facilities fee. Performance of that contract and of the fee will enable this body to find that public facilities will be 2 concurrent with need as required by the General Plan. 1 1. The project has been conditioned to pay any increase in public facility fee, construction tax, or development fees, and has agreed to abide by any a( requirements established by a Local Facilities Management Plan prepared pur Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail: public facilities and will mitigate any cumulative impacts created by the project. 12. This project has been conditioned to comply with any requirement approved as p2 Local Facilities Management Plan for Zone 6. 13. That all necessary public facilities required by the Growth Management Ordina be constructed or are guaranteed to be constructed concurrently with the need f created by this project and in compliance with adopted City standards. 14. The Planning Commission has reviewed each of the exactions imposed on the Dc contained in this resolution, and hereby finds, in this case, that the exactions are to mitigate impacts caused by or reasonably related to the project, and the extent degree of the exaction is in rough proportionality to the impact caused by the proj Conditions: Planning 1. Staff is authorized and directed to make, or require Developer to make, all cor and modifications to the Tentative Tract Map document(s) necessary to mal internally consistent and in conformity with final action on the project. Deve shall occur substantially as shown in the approved Exhibits. Any proposed deve different fi-om this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, a: ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar cop: Tentative Map as approved by the final decision making body. The Tentatiy shall reflect the conditions of approval by the City. The Tentative Map copy submitted to the City Engineer and approved prior to building, grading, final improvement plan submittal, whichever occurs first. PC RES0 NO. 43 11 -4- t e 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 4. The Developer shall include, as part of the plans submitted for any permit plan reduced legible version of the approving resolutions on a 24” x 36” blueline draK 5. The Developer shall pay the public facilities fee adopted by the City Council on 1987, (amended July 2, 1991) and as amended from time to time, and any dew fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad h Code or other ordinance adopted to implement a growth management system or I: and Improvement Plan and to fulfill the subdivider’s agreement to pay thc facilities fee dated March 3, 1997, a copy of which is on file with the City Cle~ incorporated by this reference. If the fees are not paid, this application wil consistent with the General Plan and approval for this project will be void. 6. The final map shall not be approved unless the City Council finds as of the time approval that sewer service is available to serve the subdivision. 7. Building permits will not be issued for development of the subject property ul District Engineer determines that sewer facilities are available at the time of ap for such sewer permits and will continue to be available until time of occupancy. to this effect shall be placed on the final map. 8. This project shall comply with all conditions and mitigation measures which are as part of the Zone 6 Local Facilities Management Plan and any amendments that Plan prior to the issuance of building permits. 9. The Developer shall provide proof of payment of statutory school fees to conditions of overcrowding as part of the building permit application. The an these fees shall be determined by the fee schedule in effect at the time of buildin application. 10. Approval of CT 97-09 is granted subject to the approval of GPA 97-02, ZC 974 97-13, CUP 97-03, SUP 97-02, SDP 97-07, and SUP 97-03. CT 97-09 is subje conditions contained in Planning Commission Resolution No. 4308 for the M Negative Declaration. 11. Prior to the issuance of the final map, Developer shall submit to the City a K Restriction to be filed in the office of the County Recorder, subject to the satisfs the Planning Director, notifying all interested parties and successors in interest City of Carlsbad has issued a CT 97-09, PUD 97-13, CUP 97-03, SUP 97-02, i 07, and SUP 97-03 by Resolutions No. 4311,4312,4313,4314,4315 and 4311 real property owned by the Developer. Said Notice of Restriction shall note the 1 description, location of the file containing complete project details and all condi approval as well as any conditions or restrictions specified for inclusion in the N Restriction. The Planning Director has the authority to execute and record an am< to the notice which modifies or terminates said notice upon a showing of good c the Developer or successor in interest. PC RES0 NO. 431 1 -5- e 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 12. To minimize impacts to the amount of available parking in the exercise/fitness center and house of worship type land uses shall be prohibit6 shopping center, exclusive of Lot No. 8. In addition, the amount of ret square footage in the shopping center shall be restricted to 11,000 squ; These land use restrictions shall also be included in the project’s CC&Rs. 13. An exterior lighting plan including parking areas shall be submitted for Planning approval. All lighting shall be designed to reflect downward and avoid any im adjacent homes or property. 14. No outdoor storage or display of materials or merchandise shall OCCUT onsit required by the Fire Chief. In such instance a storage plan will be submitted for by the Fire Chief and the Planning Director. 15. The Developer shall dedicate on the final map, an open space easement for those of Lot No. 1 which are located in the floodway, to prohibit any encroach development, including but not limited to fences, walls, storage buildir landscaping, other than that approved as part of the landscape plan and tentative shown on Exhibit “D” and “L” dated June 17, 1998, subject to the rights of : under existing easements. 16. The Developer shall prepare a detailed landscape and irrigation plan in conforma the approved Preliminary Landscape Plan and the City’s Landscape Manual. T shall be submitted to and approval obtained from the Planning Director prio approval of the final map, grading permit, or building permit, whichever occurs fi Developer shall construct and install all landscaping as shown on the approved pl maintain all landscaping in a healthy and thriving condition, free from weeds, tr debris. The parking lot trees shall be trimmed to allow the trees to develop canopy to provide shade and minimize the visual impacts of the large parking areas. 17. The first submittal of detailed landscape and irrigation plans shall be accompanie project’s building, improvement, and grading plans. 18. The Developer shall submit and obtain Planning Director approval of a unifo program for this development prior to occupancy of any building. The sign p shall prohibit all window type advertisement signs. 19. Building identification andor addresses shall be placed on all new and existing b so as to be plainly visible from the street or access road; color of identificatio~ addresses shall contrast to their background color. 20. Trash receptacle areas shall be enclosed by a six-foot high masonry wall wi pursuant to City standards. Location of said receptacles shall be approved Planning Director. Enclosure shall be of similar colors and/or materials to the p: the satisfaction of the Planning Director. PC RES0 NO. 43 1 1 -6- 0 (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 21. The Developer shall provide bus stops to service this development at locations : reasonable facilities to the satisfaction of the North County Transit District Planning Director. Said facilities, if required, shall at a minimum include a bel from advertising, and a pole for the bus stop sign. The bench and pole shall be ( to enhance or consistent with basic architectural theme of the project. 22. The Developer shall implement, or cause the implementation of, the La Cost; SAV-ON Shopping Center Project Mitigation Monitoring and Reporting Progra 23. The Developer shall establish covenants, conditions and restrictions. Said CC& be submitted to and approved by the Planning Director prior to final map approv: to issuance of a building permit the Developer shall provide the Planning De] with a recorded copy of the official CC&Rs that have been approved by the 1 Director. At a minimum, the CC&Rs shall contain the following provisions: (a) Enforcement bv the Citv. The City shall have the right, but not the obligation, tc those Protective Covenants set forth in this Declaration in favor of, or in which has an interest. (b) Common area shall include all areas of the site plan exclusit #8 and areas within the building footprint. All common area shall be maintaine common area manager. (c) The project’s 442 parking spaces are provided in con use by all owners and tenants. 24. The Developer is aware that the City is preparing a non-residential housing in (linkage fee) consistent with Program 4.1 of the Housing Element. The app further aware that the City may determine that certain non-residential projects IT to pay a linkage fee, in order to be found consistent with the Housing Elemer General Plan. If a linkage fee is established by City Council ordinance and/or re and this project becomes subject to a linkage fee pursuant to said ordinancc resolution, then the Developer, or his/her/their successor(s) in interest shall linkage fee. The linkage fee shall be paid at the time of issuance of building except for projects involving a request for a non-residential planned develop me^ existing development, in which case, the fee shall be paid on approval of the fi1 parcel map or certificate of compliance, required to process the non-residenti whichever pertains. If linkage fees are required for this project, and they are not 1 project will not be consistent with the General Plan and approval for this pro. become null and void. Engineering: Note: Unless specifically stated in the condition, all of the following engineering co upon the approval of this proposed major subdivision must be met prior to approval o map. 25. Prior to issuance of any building perrnit, the developer shall comply v requirements of the City’s anti-graffiti program for wall treatments if and wher program is formally established by the City. PC RES0 NO. 43 11 -7- 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 26. There shall be one final subdivision map recorded for this project. 27: The developer shall defend, indemnify and hold harmless the City and its agents, and employees from any claim, action or proceeding against the City or it officers, or employees to attack, set aside, void or null an approval of the I Planning Commission or City Engineer which has been brought against the Cil the time period provided for by Section 66499.37 of the Subdivision Map Act. 28. Prior to hauling dirt or construction materials to or from any proposed construe within this project, the developer shall submit to and receive approval from Engineer for the proposed haul route. The developer shall comply with all condit requirements the City Engineer may impose with regards to the hauling operation 29. The developer shall provide for sight distance corridors at all street intersec accordance with Engineering Standards and shall record the following statemel Final Map (and in the CC&Rs). 30. "NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches d~ street level may be placed or permitted to encroach within the area identified a: distance corridor in accordance with City Standard Public Street-Design Criteria, 8.B.3. The underlying property owner shall maintain this condition." FeedAgreements 3 1. The developer shall pay all current fees and deposits required. 32. Prior to approval of any grading or building permits for this project, the owner SI written consent to the annexation of the area shown within the boundarie! subdivision plan into the existing City of Carlsbad Street Lighting and Lanc District No. 1 on a form provided by the City. 33. Prior to issuance of building permit, the applicant shall provide documentatio. satisfaction of the City Engineer that provisions for reciprocal access, parki: maintenance of the project site are included within the CC&Rs. Grading 34. Based upon a review of the proposed grading and the grading quantities show tentative map, a grading permit for this project appears to be required. The dl must submit and receive approval for grading plans in accordance with City co standards prior to issuance of a building permit for the project. 35. Prior to the issuance of a grading permit or building permit, whichever occurs 1 developer shall submit proof that a Notice of Intention has been submitted to t Water Resources Control Board. PC RES0 NO. 43 11 -8- 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 36. No grading for private improvements shall occur outside the limits of the SUI unless a grading or slope easement or agreement is obtained from the ownel affected properties and recorded. If the developer is unable to obtain the grading easement, or agreement, no grading permit will be issued. In that case the develo either amend the tentative map or modify the plans so grading will not occur ou project site in a manner which substantially conforms to the approved tentativt determined by the City Engineer and Planning Director. DedicationsDmprovements 37. Additional drainage easements may be required. Drainage structures shall be pro installed prior to or concurrent with any grading or building permit as may be req the City Engineer. 38. The owner shall make an offer of dedication to the City for all public strl easements required by these conditions or shown on the tentative map. The offer made by a certificate on the final map for this project. All land so offered granted to the City free and clear of all liens and encumbrances and without co City. Streets that are already public are not required to be rededicated. a. Public right-of-way dedications required of this project are: 1. A public utility and access easement for access to the L County Water District property. 2. Along the project frontage on El Camino Real to accommoda wide deceleration lane. 3. Along the project frontage on La Costa Avenue to accommoda wide dedicated right-turn lane. 39. Direct access rights for all lots abutting El Camino Real and La Costa Avenue waived on the final map except for the approved driveway locations shown tentative map. 40. The developer shall demonstrate to the satisfaction of the City Engineer that adjustments have been accomplished with the adjacent property owners so lines conform with those shown on the tentative map. 41. The developer shall comply with the City's requirements of the National P Discharge Elimination System (NPDES) permit. The developer shall provi management practices as referenced in the "California Storm Water Best Mans Practices Handbook" to reduce surface pollutants to an acceptable level prior to di to sensitive areas. Plans for such improvements shall be approved by the City E Said plans shall include but not be limited to notifying prospective owners and te: the following: ~ PC RES0 NO. 431 1 -9- 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 a. All owners and tenants shall coordinate efforts to establish or w( established disposal programs to remove and properly dispose of tc hazardous waste products; b. Toxic chemicals or hydrocarbon compounds such as gasoline, mc antifreeze, solvents, paints, paint thinners, wood preservatives, and otl fluids shall not be discharged into any street, public or private, or into st01 or storm water conveyance systems. Use and disposal of pesticides, fur herbicides, insecticides, fertilizers and other such chemical treatments sh Federal, State, County and City requirements as prescribed in their re containers; , 42. c. Best Management Practices shall be used to eliminate or reduce surface p when planning any changes to the landscaping and surface improvements; d. The detention basin shall be designed to mitigate and remove pollutants from surface runoff to the satisfaction of the City Enginec detention basin shall be shown on the gradinghmprovement plans a] be operational prior to issuance of certificates of occupancy. Plans, specifications, and supporting documents for all public improvements prepared to the satisfaction of the City Engineer. In accordance with City Stand; developer shall install, or agree to install and secure with appropriate security as I- by law, improvements shown on the tentative map and the following improvemen a. A fully actuated traffic signal at the project access point on La Costa which includes an interconnection with the traffic signal at the interse El Camino Real and La Costa Avenue, signing and striping betw intersection and El Camino Real, and an advance warning system (j beacon) for westbound traffic on La Costa Avenue. Traffic signal plans are to include provisions for a field master controller, develop] coordination timing plans, and signal upgrades and controller upgr determined by the City Engineer to fully implement a coordinated sysl b. Dedicated right-turn lane on La Costa Avenue at El Camino Real ( bound to northbound traffic; c. Street improvements to El Camino Real relative to installatiol deceleration lane including paving, curb, gutter, sidewalk, all driveway aprons, and street lights; d. Median improvements along the project frontage on El Caminc between La Costa Avenue and the existing median terminus, inch median opening for left turns into the project site; and 27 11 e. Curb, gutter, sidewalk, paving, and streetlight improvements alo 28 /I PC RES0 NO. 43 11 ,lo- 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 7 28 ~ project frontage on El Camino Real and on La Costa Avenue. 43. A list of the above improvements shall be placed on an additional map sheet on map per the provisions of Sections 66434.2 of the Subdivision Map Act. Imprc listed above shall be constructed within 18 months of approval of the improvement agreement or such other time as provided in said agreement. 44. The structural section for the access aisles must be designed with a traffic index I accordance with City Standards due to truck access though the parking area and/ with an ADT greater than 500. The structural pavement design of the aisle ways submitted together with required R-value soil test information and approved by as part of the building site plan review. Final Map Notes 45. Notes to the following effects shall be placed on the final map as non-mapping ( improvements are private and are to be privately maintained with the exceptio1 system and water lines. Fire: 46. Prior to the issuance of building permits, complete building plans shall be apprl the Fire Department. 47. Additional on-site public water mains and fire hydrants are required, as show approved project plans. 48. Applicant shall submit a site plan to the Fire Department for approval, which location of required, proposed and existing public water mains and fire hydranl plan should include off-site fire hydrants within 200 feet of the project. 49. Applicant shall submit a site plan depicting emergency access routes, drivew; traffic circulation for Fire Department approval. 50. An all weather, unobstructed access road suitable for emergency service vehicles provided and maintained during construction. When in the opinion of the Fire C1 access road has become unserviceable due to inclement weather or other reasons, in the interest of public safety, require that construction operations cease u condition is corrected. 51. All required water mains, fire hydrants and appurtenances shall be operational combustible building materials are located on the construction site. 52. Prior to building occupancy, private roads and driveways which serve as requirec for emergency service vehicles shall be posted as fire lanes in accordance P requirements of section 17.04.020 of the Carlsbad Municipal Code. PC RES0 NO. 43 1 1 -1 1- 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 53. Native vegetation which presents a fire hazard to structures shall be modified or in accordance with the specifications contained in the City of Carlsbad L; Guidelines Manual. Applicant shall submit a Fire Suppression plan to Department for approval 54. Plans and/or specifications for fire alarm systems, fire hydrants, automatic : systems and other fire protection systems shall be submitted to the Fire Depart] approval prior to construction. 55. An approved automatic fire sprinkler system shall be installed in buildings h: aggregate floor area exceeding 10,000 square feet. Water: 56. The Developer shall be responsible for all fees, deposits and charges which collected before andor at the time of issuance of the building permit. The Sa County Water Authority Capacity charge will be collected at issuance of applicl any meter installation. 57. The Developer shall provide detailed information to the District Engineer regardi~ demand, irrigation demand, fire flow demand in gallons per minute, and project€ flow in million gallons per day. 58. The potable water system, recycled water system and sewer system shall be eval detail by Developer and District Engineer to insure that adequate capacity, press flow demands can be met. 59. All District pipelines, pump stations, pressure reducing stations and appurt required for this project by the District shall be within public right-of-way 01 easements granted to the District or the City of Carlsbad. 60. Sequentially, the Developer’s Engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire protection requireme b. Prepare and submit a colored recycled water use area map and submit this 1 Planning Department for process and approval by the District Engineer; an c. Prior to the preparation of sewer, water and recycled water improvemen the Developer shall submit preliminary system layouts to the District Engi review, comment and approval. 61. The following note shall be placed on the final map. “This project is approved u’ expressed condition that building permits will not be issued for development subject property unless the District serving the development has adequate wa sewer capacity available at the time development is to occur, and that such wa PC RES0 NO. 43 1 1 -12- 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 e 0 sewer capacity will continue to be available until time of occupancy.” 62. All potable water and recycled water meters shall be placed within public right-ol 63. A public fire flow system shall be required for this industrial or commercial devel and it shall be constructed as a looped potable water pipeline system. 64. The looped potable water system shall connect to the existing potable pipeline: 3 18 H.G.L. pressure zone. The loop shall include a minimum of one (1) co within La Costa Boulevard, a minimum of one (1) connection within El Camino 1 fire hydrant runs shall be limited to a maximum of one hundred fifty (1 50) feet. 65. All irrigation meters for this project shall be placed within the El Camino Real 1 way for future connection to reclaimed water mains. 66. The developer shall be responsible for the construction of all water pipelines (on offsite) as necessary to serve this development and to provide onsite easemer existing water pipelines shall be abandoned and removed. Subsequent to abanc and removal, all existing easements will be quitclaimed. General 67. If any of the foregoing conditions fail to occur; or if they are, by their term! implemented and maintained over time, if any of such conditions fail to implemented and maintained according to their terms, the City shall have the revoke or modify all approvals herein granted; deny or further condition issuanc future building permits; deny, revoke or further condition all certificates of occ issued under the authority of approvals herein granted; institute and prosecute litig compel their compliance with said conditions or seek damages for their violatj vested rights are gained by Developer or a successor in interest by the City’s app~ this Tentative Map. Code Reminder: The project is subject to all applicable provisions of local ordinances, including but not liI, the following: 68. The developer shall exercise special care during the construction phase of this prl prevent offsite siltation. Planting and erosion control shall be provided in accc with the Carlsbad Municipal Code and the City Engineer; 69. Approval of this request shall not excuse compliance with all applicable section: Zoning Ordinance and all other applicable City ordinances in effect at time of t; permit issuance, except as otherwise specifically provided herein; 70. The project shall comply with the latest non-residential disabled access requir pursuant to Title 24 of the State Building Code; PC RES0 NO. 43 11 -13- 6 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 ’, ‘I 0 0 71. All roof appurtenances, including air conditioners, shall be architecturally integr concealed from view and the sound buffered from adjacent properties and st substance as provided in Building Department Policy No. 80-6, to the satisfactic Directors of Community Development and Planning; 72. All landscape and irrigation plans shall be prepared to conform with the Ll Manual and submitted per the landscape plan check procedures on file in the i Department; and 73. Any signs proposed for this development shall at a minimum be designed in cod with the City’s Sign Ordinance and shall require review and approval of the 1 Director prior to installation of such signs. 74. Compact parking spaces shall be located in large groups, and in locations clearly to the satisfaction of the Planning Director. 75. The Developer shall pay a landscape plan check and inspection fee as required by 20.08.050 of the Carlsbad Municipal Code. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, ded: reservations, or other exactions hereafter collectively referred to for convenic “fees/exactions.” You have 90 days from June 17, 1998 to protest imposition of these feedexactions. protest them, you must follow the protest procedure set forth in Government Code 66020(a), and file the protest and any other required information with the City Man processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc follow that procedure will bar any subsequent legal action to attack, review, set aside, annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e: DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p: zoning, grading or other similar application processing or service fees in connection P project; NOR DOES IT APPLY to any feedexactions of which you have previously bee a NOTICE similar to this, or as to which the statute of limitations has previously ot expired. I 1 ... I j ... ~ 1 ... ... PC RES0 NO. 43 11 -1 4- $* /I a e 7 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the F Commission of the City of Carlsbad, California, held on the 17th day of June 1998: following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, and Savary NOES: Commissioners Monroy and Welshons ABSENT: Commissioner Neilsen ABSTAIN: ,,e ATTEST: 8 Planning Director PC RES0 NO. 431 1 -1 5-