HomeMy WebLinkAbout2004-12-01; Planning Commission; Resolution 58001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 5800
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW THE EXPANSION OF THE
PALOMAR TRANSFER STATION ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF ORION
STREET BETWEEN FARADAY AVENUE AND EL CAMINO
REAL IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: PALOMAR TRANSFER STATION
CASE NO. : CUP 260(C)
WHEREAS, Palomar Transfer Station, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by the County of San Diego,
Department of Public Works - Airport Division, “Owner,” described as
A portion of lots A and B of Rancho Agua Hedionda according
to Map No. 823 filed on November 16,1986
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” - “J” dated December 1, 2004, on file in the
Planning Department PALOMAR TRANSFER STATION - CUP 260(C), as provided by the
conditions of approval of CUP 260(B) and Chapter 21.42 and/or 2 1 SO of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 1st day of December 2004,
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 CUP amendment.
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B) That based on the evidence presented at the public hearing, the Commission
CUP 260(C) based on the following findings and subject to the following
conditions:
RECOMMENDS APPROVAL of PALOMAR TRANSFER STATION -
1. 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 the transfer station use provides a needed service for
the community by storing collected trash for more efficient transfer to disposal sites;
the use is located on a site designated by the General Plan for industrial (PI) uses
and zoned for industrial (M) uses; the project site is surrounded by areas zoned for
open space or industrial uses; and the surrounding developed sites contain industrial
and governmental uses.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed expanded site will adequately accommodate all proposed grading
and construction activities and all anticipated expanded facility activities including
bin storage, parking, and internal circulation requirements, while providing 194
parking spaces (more than the required 181 spaces) and providing screening of the
internal facility activities.
3. 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 the proposed modifications to the facility would
occur within the proposed CUP boundaries, thus requiring no additional
adjustments, and a new chain link fence and perimeter landscaping (including
vegetated berms), will enclose the new parkinghin storage area, and no other new
yards, fences, or other features are needed to accommodate the use to the area.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the surrounding streets can accommodate all traffic
(1,045 ADT) expected to be generated by the use; and the project design includes the
widening of Orion Street and the addition of curb, gutter, and sidewalk; and two new
project entrance lanes will be provided on the project site to ensure that any queuing does
not negatively impact the function of Orion Street; and, the developer will be required to
pay traffic impact fees.
5. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Land Use Element of the City’s General Plan based on the facts set
forth in the staff report dated December 1, 2004 in that the project site has a PI
General Plan designation and M zoning and the existing use (a trash transfer
station) is an allowed use in the PI designation and a conditionally allowed use in the
M zone and the proposed amendment (an extension of the existing use) is also
consistent with the allowed uses on the site.
PC RES0 NO. 5800 -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
6.
7.
8.
9.
10.
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; and
c. Park fees of $.40/square foot are required by Carlsbad Municipal Code Chapter
20.44, and will be collected prior to issuance of building permit.
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. 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 all conditions of
approval required by the Airport Land Use Commission have been incorporated
into this resolution.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
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.
PC RES0 NO. 5800 -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
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
Grading Permit or Building Permit, whichever comes first.
1.
2.
3.
4.
5.
6.
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 Mer 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 Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment 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.
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.
Developer shall implement, or cause the implementation of, the Palomar Transfer
Station Project Mitigation Monitoring and Reporting Program.
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
Amendment, (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.
PC RES0 NO. 5800 -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
7.
8.
9.
10.
11.
12.
13.
14.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the 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.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
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.
Approval is granted for CUP 260(C) as shown on Exhibits “A” - “J” dated December 1,
2004, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
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.
PC RES0 NO. 5800 -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
15.
16.
17.
18.
19.
20.
21.
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. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, fiee fiom 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.
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 retroactively from
March 5,2002 through March 4,2012. This permit may be revoked at any time after 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.
Developer or Owner, as appropriate, shall provide or perform all proposed
traffickirculation improvements as shown on “Exhibit “X” - Revised” dated March
5,1997, attached hereto and incorporated herein by this reference.
The maximum allowed capacity of the Palomar Transfer Station shall be a
maximum of 14,000 tons of waste per week, averaging a maximum of 2,000 tons per
day, not to exceed 2,250 tons per day.
The allowed days and hours of operation for the Palomar Transfer Station shall be
as follows:
a. Commercial operations for collection trucks are allowed from 900 a.m. to
8:OO p.m. seven days a week. Transport trucks (external traffic to and from
station) and loading of transport trucks (internal activity) operations are
allowed 24 hours a day, seven days a week;
PC RES0 NO. 5800 -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
22.
23.
24.
25.
26.
27.
28.
b. Public access is allowed up to seven days a week from 7:OO a.m. to 4:OO p.m.
Monday through Friday, and from 7:30 a.m. to 4:OO p.m. on Saturday and
Sunday; and
C. Fleet maintenance activities are allowed from 5:OO a.m. to 1:00 a.m. seven
days a week.
Developer shall pay the citywde 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 5, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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 report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the Building 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, notifymg all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit Amendment (CUP 260(C)) by
Resolution No. 5800 on the property. 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 issuance of building permits, 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).
All assembly areas of the project within the McClellan-Palomar Airport Flight
Activity Zone shall be limited (as defined by California Building Code Group A
occupancy) to no more than one hundred (100) people per area in order to be
consistent with Flight Activity Zone guidelines in the McClellan-Palomar Airport
CLUP.
Any use of the project site located within the McClellan-Palomar Airport Flight
Activity Zone and encompassed by FAR Part 77 shall be limited to those uses that
would not endanger or interfere with the landing, take off, or maneuvering of an
PC RES0 NO. 5800 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29.
30.
31.
32.
33.
aircraft at an airport. Specific characteristics to be avoided on the site include uses
that attract birds and create bird strike hazards. If avoidance is not possible,
appropriate mitigation measures should be provided for the project that minimize
or eliminate these characteristics of the project.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engmeering 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
except for the open bin storage area shown on the approved plans. 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.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
Developer shall construct, install and stripe not less than 194 parking spaces, as shown on
Exhibit "C."
All loading and unloading, tipping, processing, and movement of municipal solid
waste and greedwood material, with the exception of the recycling and buy-back
area activities, shall take place within the covered unloading and processing area.
En pineering:
General
34. 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.
35. 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.
36. Developer shall install sight distance corridors in accordance with Engineering Standards
as shown on the Site Plan. No obstructions shall impede nor conflict with the 330'
line-of-sight as shown on the Site Plan. The underlying property owner shall
maintain this condition. These sight distance corridors shall be reflected on any
improvement, grading, or landscape plan prepared in association with this
development.
...
PC RES0 NO. 5800 -8-
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
FeedAgreements
37. 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.
38. 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 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
39. 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 fi-om the City Engineer prior to issuance of a Building Permit for
the project.
DedicationsLlmprovernents
40.
41.
42.
Developer shall cause Owner to dedicate to the City an easement for public road and
public utility purposes for Orion Street as shown on the Site Plan to the satisfaction
of the City Engineer. 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.
Streets that 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.
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, signing & striping, sidewalks, curbs and gutters, medians,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the
satisfaction of the City Engineer. The improvements are:
a. Complete half-street improvements along the frontage of Orion Street per
City Standards as shown on the Site Plan. Improvements shall result in a
curb-to-curb paved width of 52-feet within a 72-foot right-of-way.
b. Install a 5-foot wide sidewalk along the frontage of Orion Street.
c. Install a pedestrian ramp at the southeast corner of Faraday Avenue and
Orion Street.
PC RES0 NO. 5800 -9-
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
d. Install new streetlights along the frontage of Orion Street per City
Standards.
e. Relocate the existing fire hydrant along Orion Street behind the new
sidewalk.
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.
43. Developer shall comply with the City‘s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. 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.
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.
44. 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 and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board with a WDlD #;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
PC RES0 NO. 5800 -10-
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
45.
46.
47.
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.
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
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;
provide calculations to ensure numeric sizing criteria is met;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
d.
e.
f.
g.
Developer shall design, to the satisfaction of the City Engineer, 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.
Developer shall incorporate into the gradinghmprovement 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.
Water
48. Prior to approval of improvement plans, 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.
PC RES0 NO. 5800 -1 1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
49.
50.
51.
52.
53.
54.
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 andor 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 Dieno 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 install potable water and/or recycled water services and meters at a
location approved by the District Engineer. 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
District Engineer. The locations of sewer laterals 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 District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
55.
56.
57.
58.
59.
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 the 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.
PC RES0 NO. 5800 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
60.
61.
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.
The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Site Plan are for planning purposes only. Developer shall pay traffic impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
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
“ feedexac t ions. ”
You have 90 days fiom date of final approval to protest imposition of these feedexactions. 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 feedexactions
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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
..
...
...
...
...
...
..
PC RES0 NO. 5800 -13-
1
2
3
4
5
6
7
8
9
10
11
12
13
1#
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of December 2004 by the
following vote, to wit:
AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
NOES:
ABSENT:
ABSTAIN:
-.- ’ CARLSBAD PLANNING COMMISSION
ATTEST:
t
Planning Director
PC RES0 NO. 5800 -14-