HomeMy WebLinkAbout2001-09-19; Planning Commission; Resolution 50411
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PLANNING COMMISSION RESOLUTION NO. 5041
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN TO DEVELOP A 15.69 ACRE SITE
WITH A 120,000 SQUARE FOOT OFFICE BUILDING ON
PROPERTY GENERALLY LOCATED ADJACENT AND SOUTH
OF PALOMAR AIRPORT ROAD AND EAST OF AVIARA
PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PACIFICA PALOMAR OFFICE BUILDING
CASE NO.: SDP 01-01
WHEREAS, Pacifica Enterprises Island Realty 1 Limited Partnership,
“Developer and Owner,” has filed a verified application with the City of Carlsbad regarding
property described as
That portion of that certain parcel of land shown and
designated as description No. 3,78.01 acres on record of survey
map no. 5715, filed in the offke of the County Recorder of San
Diego County, December 19,1960, being a portion of Lot G of
the Ranch0 Agua Hedionda, according to map thereof No 823,
filed in the office of the County Recorder of San Diego County,
November 16, 1896, in the City of Carlsbad, County of San
Diego, State of California, lying southerly of the centerline of
Palomar Airport Road, as shown on County of San Diego Road
Survey No. 1534, on file in the offlice of the County Surveyor of
said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “S” dated September 19, 2001 on file in the Planning
Department, PACIFICA PALOMAR OFFICE BUILDING - SDP 01-01, as provided by
Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of September, 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 all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Planning
Commission APPROVES PACIFICA PALOMAR OFFICE BUILDING -
SDP Ql-01 based on the following findings and subject to the following
conditions:
Findings:
1.
2.
That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project design complies with the development standards
of the Planned Industrial zone and all required public facilities and services will be
provided. All required building setbacks are provided, including setbacks for
building height increases; lot coverage is well below the maximum permitted; and
the proposed landscaping exceeds the minimum required. The project also complies
with the provisions of the General Plan as it: provides street improvements and
dedications to provide public street access, provides mitigation measures to comply
with the noise standards; and includes a buffer area from sensitive environmental
areas as required by the Open Space and Conservation Element.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that all applicable code requirements have been met including parking and building
coverage standards. The project provides nine extra parking spaces and building
coverage is 10.8% where 50% is permitted. Building height increase from 35 feet to
43 feet has been permitted since the building does not contain more than three
levels, all required setbacks have been increased eight feet for the eight-foot increase
in building height, and the building conforms to Section 18.04.170 for building
construction and safety criteria. The proposed architectural protrusions are
permitted from 45 feet to 55 feet as the architectural features do not function to
provide usable floor area; do not accommodate and/or screen mechanical
equipment; do not adversely impact adjacent properties; and are necessary to
ensure the buildings design excellence.
3. That all 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 setback areas have been landscaped to screen the
parking areas. Adequate on-site vehicular circulation has been provided to
accommodate passenger and truck traffic. Access to the site will be provided by the
dedication of Laura1 Tree Road as a public street.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed Laura1 Tree Road will be
adequate to handle the 1,889 ADT generated by the proposed offrce building and
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that the signalized intersection of Laura1 Tree Road and Aviara Parkway is existing
and adequate in capacity.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 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.
Specifically,
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.
C. The Local Facilities Management fee for Zone 5 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
6. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise and an avigation easement. The project is
compatible with the projected noise levels of the CLUP; and, based on the noise/land use
compatibility matrix of the CLUP, the proposed land use is compatible with the airport,
in that the proposed office building is within the 65 dbCNEL and the proposed use is
conditionally compatible at this noise level with the building’s interior noise level
attenuated to 50 dbCNEL.
7. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This fee will
be used to construct recreational facilities to offset demand created by employees
within Local Facilities Management Zone 5.
8. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
9. 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 building
permit issuance.
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1.
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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.
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 Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations 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 63 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 Director a reproducible 24” x 36”, mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
body.
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 5 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following:
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9.
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a. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This
fee will be used to construct recreational facilities to offset demand created
by employees within Local Facilities Management Zone 5.
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.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 01-05 AND CDP 01-02
and is subject to all conditions contained in Planning Commission Resolutions No.
5040,5042 and 5043 for those other approvals.
Approval is granted for SDP 01-01 as shown on Exhibits “A”- ‘?Y, dated September 19,
2001 on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
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. If it is determined through focused surveys that the least Bell’s
vireo is present, then grading activities are therefore, allowed during a portion of the
“rainy season”. All erosion control and revegetation measures must be fully implemented
prior to the grading prohibition period. Any extensions must receive written approval of
the City Engineer and the responsible wildlife agencies (California Department of Fish
and Game/United States Fish and Wildlife Service).
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
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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.
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. 5041 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.
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 #l on tile in the
Planning Department).
The Developer shall prepare and record a Notice that this property is subject to overflight,
sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting
the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in
the Planning Department).
The Developer shall record an Avigation Easement for the property to the County of San
Diego and file a copy of the recorded document with the Planning Director.
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.
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
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 all fixtures
shall not exceed 30 feet.
The Developer shall dedicate an open space easement for those portions of the lot which
are in slopes, riparian and wetlands habitat, and Southern mixed chaparral to prohibit any
encroachment or development, including but not limited to fences, walls, decks, storage
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buildings, pools, spas, stairways and landscaping, except as shown on Exhibits “A’‘-“S”
dated September 19, 2001. The easement shall specify that routine non-motorized
maintenance of the open space easement area is a permitted activity within the open
space easement and is authorized by the City of Carlsbad, the U.S. Fish and Wildlife
Service and the California Department of Fish and Game.
24. Removal of native vegetation and development of the proposed biological open space
area, including but not limited to fences, walls, decks, storage buildings, pools, spas,
stairways and landscaping, other than that approved as part of the grading plan,
improvement plans, biological revegetation program and landscape plan as shown on
Exhibits “A”-%“, is specifically prohibited, except upon written order of the Carlsbad
Fire Department for fire prevention purposes, or upon written approval of the Planning
Director, and California Coastal Commission, based upon a request from the property
owner accompanied by a report from a qualified arbor&/botanist indicating the need to
remove specified trees and/or plants because of disease or impending danger to the
adjacent development or biological area. For areas containing native vegetation the
report required to accompany the request shall be prepared by a qualified biologist.
25. The Developer shall execute a document or documents to the satisfaction of the
Planning Director and the City Attorney which accomplish at a minimum the
following:
a. continued ownership by the Developer or its successors in interest in open
space until some future date at which time ownership will be transferred to
the City or its designee for perpetual maintenance;
b. while in continued private ownership, active maintenance to protect and
preserve the quality of the habitat (including but not limited to reasonable
prevention of trespass); and,
C. transfer of ownership and maintenance responsibility at some future date to
the City of its designee simultaneously with transfer of funding or other
acceptable financial mechanism to provide for management and conservation
in perpetuity. (The cost of management is currently estimated to be
approximately $75.00 per acre per year.)
26. The Developer shall provide an irrevocable offer of dedication to the City of
Carlsbad for a trail easement for trail(s) shown on the site plan. Prior to the
issuance of any building permits, the trail shall be constructed as a public trail for
public use and accepted by the City of Carlsbad upon adoption of a Citywide Trails
Program that includes provisions for maintenance and liability. Otherwise, prior to
issuance of any building permits, the obligation for acceptance, construction,
maintenance, and liability shall be the responsibility of another agency designated
by the City or the responsibility of the Homeowner’s Association.
27. No roof equipment shall be allowed except for vents and make-up air units
necessary to comply with the requirements of the building, plumbing, electrical, and
tire codes. Skylights are permitted. Necessary roof vents, make-up air and any
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other required fixtures shall be painted to match the color of the roof. The roof
shall be gray in color and shall remain gray for the life of the building.
The Developer shall submit and obtain Planning Director approval of a Planned
Industrial Permit.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
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.
The property owner shall notify all tenants, and include in their lease, the
environmental impacts associated with Palomar Airport and Palomar Airport
Road.
Enpineering
General
32. 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.
33. 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.
34. Developer shall provide to the City Engineer, an acceptable instrument, via CC&Rs
or/and other recorded instrument to ensure the underlying property owner is
properly noticed of their obligation to maintain the private storm drains and the
filtration basins within the property. Owner is responsible to perform, or cause the
performance of proper maintenance to meet storm water quality objectives
pursuant to the National Pollution Discharge Elimination System permit, latest
version.
Fees/APreements
35. 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.
36. 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.
37. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on site plan. The deed restriction document shall be in a form
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acceptable to the City Engineer and shall:
a. Clearly delineate the limits of the drainage course;
b. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. 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.
38. Developer shall cause property owner to execute and submit to the City Engineer
for recordation a notice against the property owners regarding potential odor from
the existing sewer trunk main located along Palomar Airport Road. The form of
said notice shall be prepared to the satisfaction of the City Engineer.
39. 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.
Grading
40. 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.
41. 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.
42. This project requires off site grading. No grading for 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.
43. 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.
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Dedications/Improvements
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Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets 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 free and clear of all liens and encumbrances and without cost to the City.
Streets previously dedicated are not to be rededicated.
Developer shall dedicate a public easement to the City for access purposes to ensure
maintenance staff can maintain, repair, or upgrade the onsite public storm drains
and outlets.
Developer shall submit for, process and obtain approval of a street vacation to
extinguish the existing rights-of-way of the existing Laurel Tree Road that currently
traverse along the western portion property. The existing driveway connection to
Palomar Airport Road is not permitted and must be removed; Laurel Tree Road
will serve the properties.
Additional public drainage easements are 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 permit.
Developer shall provide the design of all private drainage systems to the satisfaction
of the City Engineer. All private drainage systems shall be inspected by the City.
Developer shall pay the standard improvement plancheck and inspection fees.
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 and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, median paving, median landscaping, median irrigation, signing and striping, traffic control, grading, clearing and grubbing, under grounding or relocation of utilities, installation of sewer, water, fire hydrants, street lights, retaining walls and reclaimed water all constructed to City Standards to the satisfaction of the City Engineer. The improvements consist of:
a. Construct full median improvements along half the frontage of Palomar
Airport Road. Improvements to include median paving, median landscaping
and median irrigation improvements.
b. Construct 5-foot wide sidewalk along project frontage of Palomar Airport
Road. Relocate any signs resulting from construction.
C. Extend improvements of Laurel Tree Lane as an Industrial Street to serve
the project ending with a cul-de-sac. Developer shall provide a paved width
of half, plus 12-feet, as shown on the exhibits. Developer shall obtain all
necessary right-of-way to accommodate the ultimate improvements. Laurel
Tree Lane will ultimately be constructed with a paved width of 52-foot curb-
to-curb within 72-foot right-of-way.
d. Install a box culvert crossing Laurel Tree Lane to facilitate the street
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crossing the existing drainage course. The box culvert system shall be designed to convey the loo-year storm event without inundating the road
surface of Laurel Tree Lane.
e. Extend existing public storm drains that currently discharge along Palomar
Airport Road.
f-. Construct a looped public water line system connecting from Laurel Tree
Lane to Palomar Airport Road including all appurtenances.
8. Construct a sewer lateral as shown on the preliminary grading and drainage
plan.
h. Construct an emergency access driveway along PAR as shown on the site
plan
i. Remove the existing pavement and driveway of Laurel Tree Road. Replace
any curb gutter and sidewalk damaged along Palomar Airport Road.
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.
Developer shall cause Owner to waive direct access rights by separate document and
provide proof of recordation to the City Engineer prior to the issuance of a grading permit
or building permit, whichever is first, for all that portion of the lot abutting Palomar
Airport Road, except for the emergency access location as shown on the site plan.
Developer shall execute and record a City standard Basin Maintenance Agreement prior
to the approval of grading, building permit or final map, whichever occurs first for this
Project.
The onsite and offsite portions of Laurel Tree Lane shall be dedicated based on a
right-of-way width of 72-feet and in conformance with City of Carlsbad Standards.
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities within 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
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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.
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.
56. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP)“. The SWPPP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWPPP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the SWPPP shall:
a.
b.
Identify existing and post-development on-site pollutants.
Recommend source control Best Management Practices (BMPs) to filter said
pollutants.
C. Describe the de-watering program associated with installing the
improvements and identify the measures required to monitor, test, and treat
the discharge of groundwater.
d. Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee education on
the proper procedures for handling clean up and disposal of pollutants.
e. Ensure long-term maintenance of all post construct BMPs in perpetuity.
f. Identify how post-development runoff rates and velocities from the site will
not exceed the pre-development runoff rates and velocities for a lo-year 6-
hour event. If maintaining post-development rates at pre-development levels
cannot be achieved, adequate justification, subject to the City Engineer’s
approval, must be provided.
57. Developer shall install streetlights along all public street frontages abutting and/or within
the project site in conformance with City of Carlsbad Standards.
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58. Developer shall install sidewalks along all public streets abutting the project site in
conformance with City of Carlsbad Standards.
59. Prior to building permit or grading permit issuance, whichever occurs first, Developer
shall design 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.
60. Developer shall incorporate into the grading/improvement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
61. Developer shall to pay their fair-share cost of the design and construction of the
traffic signal at Laurel Tree Lane and Aviara Parkway. Developers fair share cost
shall be based on their proportional contribution of Average Daily Traffic (ADT)
compared to the total ADT along Laurel Tree Lane.
Carlsbad Municinal Water District
62.
63.
64.
65.
66.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire 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 District 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 Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
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 District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
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Code Reminders
67.
68.
69.
70.
71.
72.
73.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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 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.
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 Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Some improvements shown on the tentative parcel map 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 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.
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 file 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
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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 19th day of September 2001 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Segall, Commissioners Baker, Compas, and Trigas
Commissioners Heineman and Nielsen
ABSTAIN:
&kiikkc
CARLSBdD PLANNING C:EISSION
ATTEST:
MICHAEL J. HOLZMkER
Planning Director
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