HomeMy WebLinkAbout2000-08-02; Planning Commission; Resolution 48091
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PLANNING COMMISSION RESOLUTION NO. 4809
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAIUSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN TO CONSTRUCT A SHOPPING
CENTER, INCLUDING TWO SPECIALTY RETAIL
BUILDINGS AND A DRIVE THROUGH DRUG STORE ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF RANCH0 SANTE FE ROAD AND LA COSTA
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 11
CASE NAME: RANCH0 LA COSTA VILLAGE.
CASE NO.: SDP 99-07
WHEREAS, Cynthia Bell & Associates, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regard&g property owned by La Costa Village, Inc.,
“Owners,” described as:
Parcel 2 of Parcel Map No. 12586, in the City of Carlsbad,
County of San Diego, State of California, recorded on
February 25,1983 as file/page No. 83-060578 of official records
in the office of the County Recorder of San Diego County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “Q ” dated August 2, 2000, on tile in the Planning Department
RANCH0 LA COSTA VILLAGE, SDP 99-07 as provided by Chapter 2 1.06 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of August, 2000, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to SDP 99-07.
Findings:
1. That the requested use is: a) properly related to the site, surrounding and environmental
settings; b) is consistent with the various elements and objectives of the General Plan; c)
will not be detrimental to existing uses or to uses specifically permitted in the area in
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2.
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which the proposed use is to be located; and d) will not adversely impact the site,
surroundings or traffic circulation, in that:
a&b. The commercial project is consistent with the General Plan in that it is
located at the intersection of two of the City’s circulation arterial roadways
on an infill site that is designated for commercial development by both the
General Plan and La Costa Master Plan. The commercial project is
surrounded by residential development that is currently not served by a
neighborhood commercial development within 2-3 miles. The provision of a
commercial center at this location is consistent with General Plan land use
goats to ensure that residential areas are adequately served by commercial
shopping areas that are conveniently located and compatible with
surrounding development. The site’s environmental setting offers roadway
and topographical buffers between residential and commercial land uses.
The project design is properly related to the site and surroundings in that the
development will occur on the developable portion of the site where buildings
and parking tots are oriented to ensure generous perimeter landscaping,
access driveways are sited and designed to ensure safe and efficient ingress
and egress, and parking aisles and spaces are designed to provide through
access to parking in proximity to buildings.
C. The small neighborhood commercial use will not be detrimental to the
existing or future residential uses or future commercial uses in the area since
it will partially serve the daily shopping needs of nearby residents. The
Spanish architectural design is compatible with surrounding development
and heavily landscaped slopes provide a buffer between the center and
adjacent residential development.
d. The project will not adversely impact the site, surroundings, or traffic
circulation since the proposed design enables efficient and safe internal
automobile and pedestrian circulation, adequate separation from adjacent
residential land uses, lighting that avoids spillage off-site, and the three
access points from Ranch0 Santa Fe Road and La Costa Avenue are designed
to ensure traffic safety through the proper functioning of the center’s ingress
and egress.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that adequate separation between the commercial use and adjacent residential
development is provided, the internal circulation has been designed to adequately
accommodate the turning movement of delivery trucks and vehicles, an adequate
stacking lane has been provided for the drive-through drug store, parking spaces
have been provided in proximity to the retail area; and all necessary landscaped
setbacks, circulation aisles, and parking areas have been provided.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the use to existing or permitted future uses will be provided and maintained in that all
required setbacks are complied with and landscaped screening around the
perimeter of the property and on manufactured slopes, an open iron rail fence, and
Spanish architectural elements will be provided.
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That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that required improvements to Ranch0 Santa Fe
Road and La Costa Avenue and the payment of fees for future improvements to
Ranch0 Santa Fe Road will ensure that the street system operates at acceptable
levels.
That the development is consistent with the La Costa Master Plan provisions for
Neighborhood SE-15 in that it is a commercial center in which uses permitted by the
C-2 zone are allowed, and external and internal traffic circulation, building bulk,
height, and location, landscaping, and exterior architectural style and signage shall
be in accordance with the Master Plan, C-2 zone development standards, and City
standards.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; tire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically:
A. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The project has been conditioned to provide proof from the Olivehain and San Dieguito
School District that the project has satisfied its obligation for school facilities.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
grading permit or building permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval. The
Landscape Plan (SDP Sheet 5 of 8) shall be revised in accordance with Condition 21
of this resolution.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project haa satisfied its obligation to provide
school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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This approval is granted subject to the approval of CUP 00-22 and HDP 99-11 and is
subject to all conditions contained in Resolutions 4810 and 4811 for those other
approvals.
The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Prior to approval of the grading permit, the Developer shall consult with the United
States Fish and Wildlife Service (USFWS) regarding the impacts of the Project obtain
any permits required by the USWFS unless the City’s Habitat Management Plan
(HMP) has been approved by the wildlife agencies and the Habitat Mitigation Fee
has been established and implemented. If the HMP has been approved, then the
applicant shall comply with all applicable requirements of the HMP.
Prior to the issuance of the grading permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Site Development Plan by Resolution No. 4809 on the real
property owned by the Developer. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The Planning Director has the authority to execute and record an amendment
to the notice which modifies or terminates said notice upon a showing of good cause by
the Developer or successor in interest.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
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the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
The Developer shall install lighting in accordance with the approved exterior lighting
plan. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
Developer shall construct, install and stripe not less than 146 parking spaces, as shown on
Exhibit “A.”
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Prior to occupancy of any retail space, the developer shall install a continuous 6’
high maximum solid masonry wall along the top of slope between Ranch0 Santa Fe
Road and La Costa Avenue. The design of the wall shall be subject to Planning
Director approval and shall at minimum include a contrasting cap and be consistent
with the materials and colors proposed for the commercial center.
The developer shall utilize enhanced paving that is distinguished in color and
texture from the parking lot for the pedestrian walkways and crosswalks located
throughout the center. The enhanced paving design shall be approved by the
Planning Director prior to issuance of building permits.
Uses permitted in Ranch0 La Costa Village shall be uses permitted by Chapter 21.28
of the Zoning Ordinance.
The drug store (Savon) hours of operation shall be limited to 6:00 a.m. to 12:00 a.m.
(midnight). The retail delivery hours shall be limited to the hours between 7:00 a.m.
and 7:00 p.m.
Prior to the issuance of a sign permit, the developer shall receive approval of a
comprehensive sign program for monument, wall, and directional signage for the
entire commercial center.
Prior to issuance of building permits, the applicant shall use its best efforts to obtain
an easement from the owner of Parcel 1 in order to hydroseed Parcel 1 and maintain
the hydroseed thereon, until such time as Parcel 1 is developed. If the developer is
unsuccessful in obtaining such easement, the condition may be waived by the
Planning Director upon demonstration in writing that the developer has attempted
to reasonably negotiate the purchase of an easement for the purpose of temporary
landscaping.
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27. Prior to the issuance of building permits, the developer shall submit a revised
architectural elevation of the drug store western elevation for Planning Director
approval. The revision shall include the addition of windows at a high enough level
to avoid visibility of internal merchandise displays.
Engineering:
Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed Site Development Plan, must be met prior to issuance of any Building Permits.
General
28. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the
proposed haul route.
29. Developer shall comply with the requirements of the City’s anti-graffiti program for wall
treatments if and when such a program is formally established by the City.
30. Developer shall install sight distance corridors at all street intersections in accordance with
Engineering Standards. The limits of these sight distance corridors shall be reflected on any
improvement, grading, or landscape plan prepared in association with this development.
Fees and Agreements
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Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
This project is within the proposed boundary of the Ranch0 Santa Fe Road and
Olivenhain Road Community Facilities Fee District No. 2. This project is required to
execute the prepayment agreement and pay a fair share contribution to the district. If
the developer will be requesting fee credits on any portion of the facilities which are
required to be constructed in accordance with the conditions of approval for this
project, the developer must establish an accounting system for this construction,
prior to the beginning of the construction, to the satisfaction of the Principal
Engineering Inspector and City Engineer.
Grading
35. Upon completion of grading, Developer shall tile an “as-graded” geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on
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a contour map which represents both the pre and post site grading. The plan shall be
signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24” x 36” mylar or similar drafting film format suitable for a permanent record.
This project may require off site grading. No grading for private improvements shall
occur outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer, a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
38.
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Developer shall cause Owner to execute an easement for access across Parcel No. 2 for
the benefit of Parcel No. 1 as shown on the Site Plan. Developer shall provide City
Engineer with proof of recordation.
Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public street full 10’ right of way to City
Standards (including La Costa Avenue and Ranch0 Santa Fe Road) and other
easements shown on the site plan. The offer shall be made by a separate recorded
document. All land so offered shall be offered Ikee and clear of all liens and
encumbrances and without cost. Streets that are already public are not required to be
rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with the grading permit.
Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the Site Plan including, but not limited to the following, to City
Standards to the satisfaction of the City Engineer.
A. Widening and Improvement to La Costa Avenue along the project frontage
(including the frontage along Parcel l), including:
. Asphalt Concrete Paving;
. Aggregate Base;
. 5’ Minimum Width Concrete Sidewalk;
. 6” Concrete Curb and Gutter;
. 4’ Minimum Width Raised Median;
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Street Light Standards;
Striping;
Handicap Ramps;
Appropriate Transitions for above;
Traffic Signal Installation/Relocation at the La Costa Avenue/Ranch0
Santa Fe Road Intersection (including Loop Detectors and
interconnect for additional traffic signal(s) east of Ranch0 Santa Fe
Road);
Full 10’ Public Right of Way Dedication to City Standards.
B. Widening and Improvement to La Costa Avenue off-site from Levante Street
to Ranch0 Santa Fe Road, including:
. Asphalt Concrete Paving;
. Aggregate Base;
. 5’ Minimum Width Concrete Sidewalk;
. 6” Concrete Curb and Gutter;
. Street Light Standards;
. Striping;
. Handicap Ramps;
. Traffic Signal Installation/Relocation at the La Costa Avenue/Ranch0
Santa Fe Road (including Loop Detectors and interconnect for
additional traffic signal(s) east of Ranch0 Santa Fe Road);
. Full 10’ Public Right of Way Dedication to City Standards.
C. Widening and Improvement to Ran&o Santa Fe along the project frontage
(including the frontage along Parcel l), including:
. Asphalt Concrete Paving;
. Aggregate Base;
. 5’ Minimum Width Concrete Sidewalk;
. 6” Concrete Curb and Gutter;
. 18’ Minimum Width Raised Median (or as modified in accordance
with City Ranch0 Santa Fe Road project);*
. Street Light Standards;
. Striping;
. Handicap Ramps;
. Appropriate Transitions for above;
. Traffic Signal Installation/Relocation at the La Costa Avenue/Ranch0
Santa Fe Road Intersection (including Loop Detectors and
interconnect for additional traffic signal(s) east of Rancbo Santa Fe
Road);
. Full 10’ Public Right of Way Dedication to City Standards.
D. Developer shall post a S-year bond for the design and construction of the La
Costa Avenue easterly driveway traffic signal. If the City Engineer and
Deputy City Engineer/Traffic Division, determine that the traffic signal must
be installed for operational purposes with this proposed project, then
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Developer shall install the traffic signal and shall be eligible for
proportionate share reimbursement from Parcel No. 1, of Parcel Map 12586
(MS 574), and from developing properties to the north of this intersection
(e.g. MAG Properties). Proportionate share reimbursement shall be based
on Average Daily Traffic (ADT) generated by the projects.
* (Bullet Point c-5, above) Developer may be required to “cash-out” for the construction of
the raised median on Ranch0 Santa Fe Road to facilitate construction of Reach I of the
Ranch0 Santa Fe Road City improvement project. In that event, City will then construct
this raised median. Developer must still design or show the raised median on their Ranch0
Santa Fe Road improvement plans.
Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.
42. Developer shall cause Owner to waive direct access rights by separate document and
provide proof of recordation to the City Engineer for all lots abutting La Costa Avenue.
43. Developer shall underground any existing overhead utilities along and within the project
boundary.
44. Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A.
B.
C.
D.
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm
drain or storm water conveyance systems. Use and disposal of pesticides,
fungicides, herbicides, insecticides, fertilizers and other such chemical
treatments shall meet Federal, State, County and City requirements as
prescribed in their respective containers.
Best Management Practices shall be used to eliminate or reduce surface
pollutants when constructing or planning any changes to the landscaping and
surface improvements.
Drainage inlet filters, or approved equal, shall be installed and
maintained in accordance with standards in the industry, as shown on the
Site Plan
45. Prior to grading permit issuance, Developer shall design, apply for and obtain approval of
the City Engineer, for the structural section for the access aisles with a traffic index of 5.0
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in accordance with City Standards due to truck access through the parking area and/or
aisles with an ADT greater than 500. The structural pavement design of the aisle ways
shall be submitted together with required R-value soil test information and approved by
the City Engineer as part of the grading plan review.
46. Developer shall cause property owner to prepare, record and submit to the City
Engineer, a documentideed restriction on the property which indicates that the
property owner shall pay a proportionate share reimbursement for the installation
of a traffic signal at the project’s easterly access on La Costa Avenue, for the
installation of a traffic signal. The proportionate share payment shall be based on
Average Daily Traffic (ADT) generated by the project. The document/deed
restriction shall be in a form acceptable to the City Engineer and City Attorney.
Fire:
47. All buildings exceeding 10,000 square feet in area must be protected by automatic
tire sprinklers.
48. The required tire flow shall be as follows:
A. All buildings sprinklered: 1,500 gallons per minute.
B. Drug store sprinklered all others unsprinklered: 2,000 gallons per minute.
Water, Sewer, Recvcled Water Conditions
49.
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This project is approved upon the expressed condition that building permits will not be
issued for the development of the subject property, unless the Leucadia and Olivenhain
Municipal Water District, District Engineers have determined that adequate water and
sewer facilities are available at the time of occupancy. It is incumbent upon Developer
to process improvement drawings and obtain approvals from these agencies.
Prior to issuance of grading permit, the recycled water system shall be evaluated in
detail to ensure that adequate capacity, pressure, and flow demands can be met to the
satisfaction of the Carlsbad District Engineer.
Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if fire protection measures (tire flows and building sprinklers) are required to
serve the project. If au on-site fire hydrant is required, it shall be considered a public
improvement and shall be served by public water mains, within 20’ public easements to
the satisfaction of the Oliveuhain and Cat&bad District Engineer.
Prior to issuance of building permit, any trenching done to install water systems in streets
which have been paved/capped within the previous five (5) years shall be repaired by
completely resurfacing the street from the curb line to the centerline of the street at a
minimum 10’ width to the satisfaction of the City Engineer or his representative.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Developer shall exercise special care during the construction phase of this project to
prevent off-site siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements (La Costa Avenue and Ranch0 Santa Fe Road) required by these
conditions may be located off-site on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest. The Developer shall immediately initiate negotiations to acquire such
property. The Developer shall use its best efforts to effectuate negotiated acquisition. If
unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and
comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to
notify and enable the City to successfully acquire said property by condemnation.
PC EESO NO. 4809 -12.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 2nd day of August, 2000, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Segall, and Trigas
NOES:
ABSENT: Commissioners Baker and Nielsen
ABSTAIN:
WILLIAM COMPAS, ChairpersoA
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL .I. HO%MILl%R
Planning Director
PC RESO NO. 4809 -13-