HomeMy WebLinkAbout2005-05-04; Planning Commission; Resolution 5881I
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PLANNING COMMISSION RESOLUTION NO. 5881
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
REDUCE THE SIZE OF A PREVIOUSLY APPROVED 120,000
SQUARE FOOT, THREE STORY OFFICE BUILDING TO
85,000 SQUARE FEET ON A 15.69 ACRE SITE LOCATED
ADJACENT AND ON THE SOUTH SIDE OF PALOMAR
AIRPORT ROAD AND EAST OF AVIARA PARKWAY IN THE
MELLO 11 SEGMENT OF THE LOCAL COASTAL PROGRAM
AND LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: BILTMORE
DEVELOPMENT PLAN AMENDMENT SDP Ol-Ol(B) TO
CASE NO.: SDP 0 1 -0 1 (B)
WHEREAS, Ascent-Biltmore Carlsbad LLC, “Developer/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 Office of the County Recorder of San
Diego, December 19, 1960, being a portion of Lot G of the
Rancho Agua Hedionda, according to map thereof No 823,
filed in the Office of the County Recorder of San Diego,
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 office of the County Surveyor of
said County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “M” dated May 4, 2005, on file in the Planning
Department, BILTMORE - SDP Ol-Ol(B) as provided by Chapter 21.06/Section 21.53.120 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of May, 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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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 Amendment; and
WHEREAS, on September 19,2001, the Planning Commission approved, SDP
01-01, as described and conditioned in Planning Commission Resolution No. 5041; and
WHEREAS, on October 1,2003, the Planning Commission approved, SDP 01-
Ol(A), as described and conditioned in Planning Commission Resolution No. 5468.
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 BILTMORE - SDP Ol-Ol(B) based on the following
findings and subject to the following conditions:
Findings:
1. 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 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
increased setbacks for allowed 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.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all applicable development standards have been met including parking and
building coverage standards. The project provides thirty-one extra parking spaces
and building coverage is 9.46% where 50% is permitted. The requested building
height increase from 35 feet to 45 feet is permitted since the building does not
contain more than three levels, all required setbacks have been increased ten
additional feet for the ten-foot increase in building height, and the building
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3.
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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.
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 Laurel Tree Lane as a public street.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed Laurel Tree Lane will be adequate
to handle the 1,400 ADT generated by the proposed 85,000 square foot office
building (including fitness facility) and that the signalized intersection of Laurel
Tree Lane and Aviara Parkway is existing and adequate in capacity.
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.
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.
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 the applicant shall record 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 db
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8.
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CNEL and the proposed use is conditionally compatible at this noise level with the
building’s interior noise level attenuated to 50 db CNEL.
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 City has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project. The applicant shall prepare and submit a trail plan for
approval by the Park and Recreation Director prior to construction. Construction shall be
inspected to ensure conformity with the Standards for Design and Construction of Public
Works Improvements in the City of Carlsbad (“Standards”); Trail Construction
Standards; and the approved plans.
The Planning Director has determined that
a. the project is a project for which a Mitigated Negative Declaration was
previously adopted [ 1 5 1621;
b. this project is consistent with the project cited above;
c. a Mitigated Negative Declaration was adopted in connection with the prior
project or plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior Mitigated Negative Declaration; and
e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Sections 15 162 exist.
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 grading permit
or building permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modifj 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; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
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2.
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or a successor in interest by the City’s approval of this Site Development Plan
Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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.
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 SDP 01-01 - Pacifica
Palomar Office Building Project Mitigation Monitoring and Reporting Program.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
Approval is granted for SDP 01-Ol(B) as shown on Exhibits “A” - ”M” dated May 4,
2005, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
This approval is granted subject to the approval of CDP 01-02(B) and CUP 05-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 5882 and
5883 for those other approvals incorporated herein by reference.
This approval shall become null and void if not exercised within 24 months from the
date of project approval (May 4,2007).
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
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.
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10.
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15,
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 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:
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.
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.
Prior to recordation of the final map or prior to issuance of a grading permit, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the
Planning Director in relation to the open space lot(s):
a. Select a conservation entity, subject to approval by the City, that possesses the
necessary qualifications to manage the open space lot(s) for conservation
purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the City
for estimating the costs of management and monitoring of the open space lot(s) in
perpetuity.
Based on the results of the PAR, provide a non-wasting endowment or other
financial mechanism acceptable to the Planning Director in an amount suficient
for management and monitoring of the open space lot(s) in perpetuity. The non-
wasting endowment shall be legally structured such that it shall transfer to the
City if and when the City accepts the Irrevocable Offer to Dedicate fee title to the
open space lot(s).
Record a Conservation Easement over the open space lot(s) in favor of the City.
b.
c.
d.
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16.
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e.
f.
Record an Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor
of the City.
Prepare an Interim Management Plan which will ensure adequate management of
the open space lot(s) until such time as the City accepts the Irrevocable Offer to
Dedicate fee title to the open space lot(s) and the transfer of the non-wasting
endowment to the City.
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 hishedtheir 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.
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, 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, improvemeqt, and grading plans.
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 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 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(n)
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22.
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Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,
Site Development Permit, Coastal Development Permit and Conditional Use Permit
by Resolutions No. 5040, 5881, 5882, and 5883 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.
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).
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).
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 property owner shall notify all tenants, and include in their lease, the
environmental impacts associated with Palomar Airport and Palomar Airport Road.
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 andor materials to the project to the
satisfaction of the Planning Director.
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.
Developer shall dedicate on the final map, an open space easement for those portions of
lot 2 which are in slopes, wetlands, coastal sage scrub or other constrained land plus all
other lands set aside as part of the Citywide Open Space System to prohibit any
encroachment or development, including but not limited to fences, walls, decks, storage
buildings, pools, spas, stairways and landscaping, except as shown on Exhibits “A” - “J.” 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.
Removal of native vegetation and development of Open Space Lot 2, 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
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30.
31.
revegetation program, and landscape plans, etc. as shown on Exhibits “A” - “J,” 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 arboristhotanist indicating the need to remove specified trees
andlor plants because of disease or impending danger to adjacent development or
biological area. For areas containing native vegetation, a qualified biologist shall
prepare the report required to accompany the request.
Prior to approval of the final map, 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
Development Plan Ol-Ol(B). 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 property owner.
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
fire codes. Skylights are permitted. Necessary roof vents, make-up air and any
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.
EnPineering
General
32.
33.
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.
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 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.
FeedAgreements
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.
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36.
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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.
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
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.
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.
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
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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.
Dedicationsnmprovements
44.
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48.
49.
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 Lane that currently
traverse along the western portion of the property. The existing driveway
connection to Palomar Airport Road is not permitted and must be removed; Laurel
Tree Lane 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 as shown on the originally-approved
exhibits for SDP 01-01;
PC RES0 NO. 5881 -1 1-
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b.
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Construct 5-foot wide sidewalk along project frontage of Palomar Airport
Road. Relocate any signs resulting from construction as shown on the
originally-approved exhibits for SDP 01-01;
Extend the half plus 12-ft improvements of Laurel Tree Lane, as an
Industrial Street, from its northerly existing terminus with a fully-improved
cul-de-sac per City Standards as shown on the originally-approved exhibits
for SDP 01-01. Developer shall obtain all necessary right-of-way to
accommodate the improvements. Laurel Tree Lane will ultimately be
constructed with a paved width of 52-foot curb-to-curb within 72-foot right-
of-way ;
Install a box culvert crossing Laurel Tree Lane to facilitate the street
crossing the existing drainage course. The box culvert system shall be
designed to convey the 100-year storm event without inundating the road
surface of Laurel Tree Lane as shown on the originally-approved exhibits for
SDP 01-01;
Extend existing public storm drains that currently discharge along Palomar
Airport Road as shown on the current exhibits;
Construct a looped public water line system connecting from Laurel Tree
Lane to Palomar Airport Road including all appurtenances as shown on the
current exhibits;
Construct a sewer lateral as shown on the preliminary grading and drainage
plan as shown on the current exhibits;
Construct an emergency access driveway along Palomar Airport Road as
shown on the site plan as shown on the current exhibits; and
Remove the existing pavement and driveway of Laurel Tree Lane. Replace
any curb gutter and sidewalk damaged along Palomar Airport Road as
shown on the originally approved exhibits for SDP 01-01.
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.
50. 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.
5 1. 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.
52.
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The onsite and offsite portion (APN 212-040-56) of Laurel Tree Lane shall be dedicated
based on a right-of-way width of 72-feet and in conformance with City of Carlsbad
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53.
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Standards. Developer is responsible to provide any easements not yet obtained necessary
to extend the half plus 12-ft improvements from it’s existing northerly terminus.
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 fiom 10-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.
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.
b.
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 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. identify existing and post-development on-site pollutants.
b. recommend source control Best Management Practices (BMPs) to filter said
pollutants.
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57.
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d.
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describe the de-watering program associated with installing the improvements and
identify the measures required to monitor, test, and treat the discharge of
groundwater.
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.
ensure long-term maintenance of all post construct BMPs in perpetuity.
identify how post-development runoff rates and velocities fiom the site will not
exceed the pre-development runoff rates and velocities for a 1 0-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.
Developer shall install streetlights along all public street fiontages abutting and/or within
the project site in conformance with City of Carlsbad Standards.
Developer shall install sidewalks along all public streets abutting the project site in
conformance with City of Carlsbad Standards.
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.
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 fiom 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.
Developer shall 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.
Water
62. 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
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63.
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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 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 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.
Code Reminders
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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 andor site plan 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
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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.
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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 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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 4th day of May 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa and Whitton
NOES:
ABSENT: Commissioners Dominguez, Heineman and Montgomery
ABSTAIN:
ATTEST: m DON NEU
Assistant Planning Director
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