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-