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HomeMy WebLinkAbout2001-05-16; Planning Commission; Resolution 49781 2 3 4 5 6 I 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. 4978 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITONAL USE PERMIT CUP 99-30 TO ALLOW THE DEVELOPMENT OF A GAS STATION, MINI- MART, HOTEL AND TWO RESTAURANTS ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF CANNON ROAD AND INTERSTATE 5 IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CANNON COURT CASE NO.: CUP 99-30 WHEREAS, .I. A. Buza Corp, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by West Development, Inc, “Owner”, described as That portion of Lot “H” of Ran&o Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Petition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 (APN 210-010-38) (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit(s) “A” - “CC” dated May 16, 2001, on file in the Planning Department CANNON COURT - CUP 00-30, as provided by Chapter/Sections 21.42, 21.50, 21.29.060, and 21.208 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of May, 2001, 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 the Conditional Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: t ; 6 s 1C 11 12 12 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CANNON COURT - CUP 99-30, based on the following findings and subject to the following conditions: Findings: 1. 2. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated May 16, 2001 and recognizing that the project will provide needed services for the surrounding residential and business community, as well as the traveling public. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. 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. CONDITIONAL USE PERMIT - (SECTION 21.42 and 21.50) 3. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that: A. The requested use is necessary and desirable for the development of the community in that the project is considered to be a Freeway Service Facility due to its proximity to the freeway interchange, and the proposed gas station, mini-mart, hotel, and restaurant uses are appropriate uses for Freeway Service Facilities. B. The project is in harmony with various elements of the General Plan in that the underlying Travel Recreation (T-R) land use designation ensures that commercial uses will be available to the surrounding business and residential community as well as the traveling public. C. The project is not detrimental to the existing aud future uses specifically permitted in the area in that the street and circulation improvements are designed to minimize potential traffic circulation conflicts; an access road has been designed to serve existing and future uses for the parcel north of the PC RESO NO. 4978 -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 4. 5. 6. project site; visual impacts are reduced through landscaping, building placement, and screen walls; and the architectural style complies with the Commercial Visitor Serving Overlay Zone requirements. That the site for the intended use is adequate in size and shape to accommodate the use, in that the site design and other elements of the project have been designed in compliance with applicable development standards, including parking, circulation aisles, and setbacks. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that all development standards required by the C-T zone and Commercial/Visitor Serving Overlay Zone have been provided, including special development standards for gas stations, and special conditions for buildings with heights over 35 feet. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that with the incorporation of the required roadway and intersection improvements, the additional 4,793 ADT generated by the project will not significantly reduce the levels of service of the surrounding roadways and key intersections. AUTOMOBILE SERVICE STATION (SECTION 21.42.010(7)(A) and (B) 7. That the service station is to be developed as part of a freeway-service facility, containing a minimum of two freeway oriented uses, in that the site is located at the apex of a freeway interchange quadrant and contains three freeway-oriented uses (hotel and two restaurants) in addition to the automobile service station use and that the required standards of development are either incorporated into the plans or will be satisfied through the conditions of approval. COMMERCIAL/VISITOR SERVING OVERLAY ZONE (SECTION 21.208.110) 8. 9. 10. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overlay zone in that the site design includes passenger drop-off zones, clear pedestrian pathways between uses, RV and bus parking, and an NCTD bus stop on Cannon Road. That the building forms, building colors and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone in that the building complies with the Village Architectural Style and features gabled roof elements, a variety of roof peaks, interesting building forms, and high quality surface and detail elements. That the project complies with all development and design criteria of the overlay zone in that the project complies with the parking requirements, sign allowances, building height, building setback, architectural style, landscaping, and use separation requirements of the overlay zone. PC RESO NO. 4978 -3- 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 11. 12. 13. 14. That the additional building height for the proposed hotel, to a maximum height of 45 feet, can be approved per Section 21.29.060 of the Carlsbad Municipal Code since the building does not contain more tban three levels; all required setbacks have been increased at a ratio of one horizontal foot for every one foot of vertical construction above 35 feet and the setbacks will be maintained as landscaped open space; and the building is required to conform to the requirements of Section 18.04.170 of the Carlsbad Municipal Code. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). That the proposed development is in conformance with the Agua Hedionda Land Use Plan and all applicable policies in that the project has been reviewed for consistency with relevant coastal policies including land use, development standards, grading and drainage, stormwater management, shoreline access polices, and visual resources. The project has been conditioned to obtain its coastal development permit from the Coastal Commission. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. General: 1. 2. 3. 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 t?nther 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 Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval, The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC BBS0 NO. 4978 -4- 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. 5. 6. 7. 8. 9. 10, 11. 12. 13. 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 shall implement, or cause the implementation of, the Cannon Court - CUP 99-30 Project Mitigation Monitoring and Reporting Program. 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 Conditional Use Permit, (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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. The Developer shall submit to the Planning Department a reproducible 24” x 36”, mylar copy of the Tentative Parcel Map and Site Plan reflecting the conditions approved by the final decision making body. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of PUD 00-109 and MS 99-16 and is subject to all conditions contained in PUD 00-109 and MS 99-16 for the Nonresidential Planned Development Permit and Minor Subdivision. This approval shall become null and void if the first building permit is not issued for this project within 18 months from the date of Final Parcel Map approval. 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 PC RESO NO. 4978 -5- 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 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. A note to this effect shall be placed on the Final Parcel Map. 14. Prior to issuance of a certificate of occupancy for the gas station/mini-mart, the Developer shall obtain and maintain in good standing all licenses, permits, or approvals required by state law to operate as a gas station and food mart. Coastal 15. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. 16. Prior to approval of the Final Parcel Map, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to CUP 99-30, PUD 00-109, and MS 99-16 shall be required. Commercial/Visitor-Serving Overlav Zone 17. If, at any time, the City Council, Planning Commission or Planning Director determine that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the City Council to review this permit. At said hearing, the City Council may add additional conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety and general welfare of the City. Housing (Non-Residential) 18. 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 PC RESO NO. 4978 -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 project will not be consistent with the General Plan and approval for this project will become null and void. Landscape 19. 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. 20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on tile in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Conditional Use Permit 21. 22. 23. 24. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This Conditional Use Permit is granted for a period of ten (10) years from May 16,200l through May 16,201l. This permit may be revoked at any time alter a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. Any future proposal for the retail sale of alcoholic beverages shall be subject to review by the City of Carlsbad Police Department. This approval is granted only for the sale of ready-to-eat food and canned or bottled beverages within the mini-mart. Food shall be pre-cooked or prepared at another location and only heated on the site. No stoves or ovens for the cooking or preparation of food, nor tableware or d,ishwashing facilities (other than a standard sink) shall be permitted. This business shall operate as a take-out business only. No tables or chairs shall be provided for the consumption of food on the premises. Any future proposal to locate a hot food/fast food vendor(s) within the mini-mart shall be PC RESO NO. 4978 -7- L < c 7 8 c 1c 11 12 l? 14 1: 1t 17 18 IS 2c 21 22 23 24 25 26 27 28 25. considered an intensification of use and will require an amendment to the Conditional Use Permit. The Developer shall establish an owner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscaped areas, parking areas, and circulation aisles. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. C. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. D. Special Assessments Levied bv the Citv. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in till within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by PC RESO NO. 4978 -8- 1 2 2 4 < t i E s 1c 11 12 13 14 15 16 15 18 19 20 21 22 23 24 25 26 27 28 means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue hen foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article _ of this Declaration. E. Landscape Maintenance Responsibilities. The Owners Association and individual lot owner landscape maintenance responsibilities shall be as set forth in Exhibit -. 26. 27. 28. The Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Prior to 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 Conditional Use Permit by Resolution No. 4978 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. Prior to the recordation of the Final Parcel Map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Onsite Conditions - Specific 29. Prior to issuance of a grading permit, a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City and County Department of Environmental Health for review and approval. This report shall evaluate the potential for soil contamination due to historic uses, handling, or storage of agricultural chemicals restricted by the San Diego County Department of Health Services. The report shall also identify a range of possible mitigation measures designed to remediate any significant public health impacts if hazardous chemicals are detected in the soils at concentrations which would have a significantly adverse effect on human health. The Developer shall implement one of PC RESO NO. 4978 -9- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30. 31. 32. 33. 34. the mitigation measures identified in the report prior to the issuance of building permits should mitigation be necessary so as to reduce the impact to below a level of significance. Prior to recordation of the Final Parcel Map, a joint use parking agreement shall be submitted for review and approval by the Planning Director, City Engineer, and City Attorney. The agreement shall provide for the following: A. The sharing in perpetuity of all parking and access aisles/driveways onsite, including within the underground parking garage, and between all the uses proposed for the Cannon Court project. B. The agreement shall not be modified without the prior written approval of the Planning Director, City Engineer, and City Attorney. C. A copy of the joint use parking agreement shall be recorded in the Office of the County Recorder and copies filed with the Planning Director prior to issuance of building permits for the project. No future development, other than the installation of a portion of the Coastal Rail Trail and sidewalks and/or other related improvements to serve future development north of the site (if required), shall be permitted on the landscaped “park” area located at the southwest corner of the project site. Prior to occupancy of the first building, the Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 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 submit a solid waste management plan for review and approval by the City of Carlsbad. The plan shall provide the following: A. B. C. D. E. The approximate location, type, and number of containers to be used to collect refuse and recyclables. Refuse and recyclable collection methods to be used. A description and site plan for any planned onsite processing facilities or equipment (balers/compactors). A description of the types of recycling services to be provided and contractual relationships with vendors to provide these services. The estimated quantity of waste generated and estimated quantities of recyclable materials. PC RESO NO. 4978 -lO- 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 35. 36. 37. 38. 39. 40. F. The plan shall also evaluate the feasibility of the following diversion programs/measures: 0 Source separated green waste collection. ii) Cardboard recycling. iii) Programs which provide for the separation of wet (disposable) and dry (recoverable) materials. iv) Where feasible, providing compactors for non-recyclables to reduce the number of trips to disposal facilities. VI Glass recycling in restaurants. No outdoor storage of materials or display of materials or merchandise shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The maximum height of the light poles shall not exceed 20 feet. A lighting plan for the gas station canopy shall also be submitted for approval by the Planning Department. The hotel building shall be designed to comply with Title 18 - Building Codes and Regulations, Section 18.04.170 (Special provisions for buildings between thirty-five and fifty-five feet in height) of the Carlsbad Municipal Code. Development shall occur in conformance with the proposed “Construction Phasing Plan.” The Developer shall construct, install and stripe not less than the required number of parking spaces for each phase of construction, as shown on Attachment 8 - Construction Phasing Plan. Landscape and site improvements shown for each phase of construction shall be completed prior to occupancy of the building in any given phase. Modifications to the Construction Phasing Plan may be approved by the Planning Director provided that the required number of parking spaces for each building are installed and accessible prior to occupancy of any individual building. 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. 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 3, 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. PC RESO NO. 4978 -ll- 1 2 1 4 5 t 5 8 s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41. 42. 43. 44. 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. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 1804.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and Sign Program for Cannon Court PS 00-67 and shall require review and approval of the Planning Director prior to installation of such signs. Engineering General 45. 46. 47. 48. 49. 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. Prior to issuance of any building permit, 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. Developer shall provide to the City Engineer an acceptable means, CC&Rs and/or other recorded document for maintaining the private easements within the project and all the private improvements: streets, sidewalks, street lights, sewer and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the project. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. Fees/Apreements 50. 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. 51. 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. 52. Developer shall cause property owner to execute, record and submit a recorded copy to PC RESO NO. 4978 -12- 1 2 ? 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 54. the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the site plan. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. B. Clearly delineate the limits of the drainage course; State that the drainage course is to be maintained in perpetuity by the underlying property owner; and D. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 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 project into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Grading 55. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 56. Upon completion of grading, Developer shall file 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 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. 57. This project requires 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. 58. 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. PC RESO NO. 4978 -13. I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Coastal Conditions 59. All grading activities shall comply with all the conditions of the Coastal Development Permit. Dedications/Improvements 60. 61. 62. 63. 64. Developer shall cause Owner to make an irrevocable offer of dedication to the City for the following: A. An easement for public access and public utility purposes for the prolongation of Avenida Encinas through the project site as shown on the site plan. B. An easement for the construction of a portion of the Coastal Rail Trail system through the project site adjacent to Cannon Road westerly of the prolongation of Avenida Encinas, its location to be determined in coordination with the City. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Developer shall cause adjacent Owner to make an irrevocable offer of dedication to the City for an easement for public access and public utility purposes over and across that portion of the parcel westerly of the project site. Said easement shall be for the purpose of the prolongation of Avenida Encinas, for emergency access from Cannon Road, and for the construction of a portion of the Coastal Rail Trail system. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Developer shall cause Owner to execute a covenant for easement for reciprocal access and maintenance over all driveway aisles and parking areas, including the hotel underground parking, all as shown on the site plan. The obligation to execute and record the covenant for easement shall be shown and recording information called out on the site plan. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public easements as shown on the site plan and/or required after final design of the site plan. The offer shall be made by a certificate on the final parcel map for MS 99-16. All land so offered shall be offered free 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 any grading or building permit. PC RESO NO. 4978 -14- 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 65. 66. 67. 68. 69. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. Developer shall execute a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, storm drain system, fire hydrants, street lights, signing and striping, retaining walls and reclaimed water, to City Standards to the satisfaction of the City Engineer. A. Half street improvements of Cannon Road to major arterial standards along the project frontage. B. Traffic signal at the intersection of Cannon Road and Avenida Encinas, with an interconnect to the existing traffic signal at Cannon Road and the I-5 off and on-ramps. Work to be coordinated with Caltrans. C. Improvements to Avenida Encinas southerly of its intersection with Cannon Road in order to ensure alignment with the proposed onsite street. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along the project boundary. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 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. 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. PC RBSO NO. 4978 -15- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 70. 71. 72. 73. B. 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. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior To Occupancy, Developer shall install street lights along all public and private street frontages abutting and/or within the project site in conformance with City of Carlsbad Standards. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the project site in conformance with City of Car&bad Standards. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers abutting the project site in conformance with City of Carlsbad Standards. Prior to building permit or grading permit issuance, whichever occurs first Developer shall have 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 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 building or grading plan review whichever occurs first. Utilities 74. 75. 76. 77. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if tire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the Deputy City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diero Countv Water Authoritv capacitv charge(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit it to the Planning Department for processing and approval by the Deputy City Engineer. PC RESO NO. 4978 -16. 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 78. 79. 80. 81. 82. 83. 84. 85. 86. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the Deputy City Engineer - Utilities, The Developer shall install potable water and recycled water services and meters at a location approved by the Deputy City Engineer - Utilities. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the Deputy City Engineer - Utilities. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the Deputy City Engineer - Utilities. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the Deputy City Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the Deputy City Engineer. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. The Developer shall submit a detailed recycled water study, prepared by a Registered Engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. PC PESO NO. 4978 -17. 2 87. Four additional on-site fire hydrants must be provided. Consult with the Fire 3 Department to determine precise locations. 4 88. Fire flow requirement is 3000 gallons per minute and may be delivered from 2 tire 5 hydrant sources. 6 Code Reminders 7 The project is subject to all applicable provisions of local ordinances, including but not limited to 8 the following: 9 II Engineering: I 10 11 12 89. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code (the Grading Ordinance) to the satisfaction of the City Engineer. 13 14 15 16 17 18 19 90. Some improvements shown on the site plan and/or required by these conditions are located offsite 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 apply and obtain an amendment of this approval or modify the plans so improvements will not occur outside the project and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Fire Department 20 91. The hotel and restaurant B must be protected by automatic fire sprinkler systems per Carlsbad Municipal Code Section 17.04.030. 21 22 23 24 25 92. 93. The sprinkler system protecting the hotel must be a combination type which provides 2 and one-half inch gated hose outlets at all stair landings and at appropriate locations in the basement parking areas per Carlsbad Municipal Code Section 17.04.010. AutomatOc tire sprinkler protection of restaurant A will be required if its area exceeds 5000 square feet per Carlsbad Municipal Code Section 17.04.010. 26 II 27 28 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.” II PC RESO NO. 4978 -18- 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You have 90 days from date of 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 16th day of May 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: JEF@J?& SEGALL, (%a-@&son CAIUSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4978 -19.