HomeMy WebLinkAbout2005-10-19; Planning Commission; Resolution 59881
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. 5988
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 9.63 ACRES INTO 15 INDUSTRIAL LOTS ON
PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR
AIRPORT ROAD AND WEST OF MELROSE DRIVE IN
LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BRESSI RANCH LOT 40
APPROVAL OF CARLSBAD TRACT CT 05-07 TO
CASE NO.: CT 05-07
WHEREAS, Bressi Spectrum, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 40 of Carlsbad Tract CT 02-15 Bressi Ranch, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof no. 14960, filed in the Office of the County
Recorder of San Diego County, February 4,2005
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A-LL” and “Al-A30”dated October 19, 2005, on file in the
Planning Department BRESSI RANCH LOT 40 - CT 05-07, as provided by Chapter 20.12 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of October 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of BRESSI RANCH LOT 40 - CT 05-07,
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
Findinm:
1.
2.
3.
4.
5.
6.
7.
8.
That th propos d map and the prop sed design and improvement of the subdivision a
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
configuration and have been designed to comply with all other applicable
regulations including the Bressi Ranch Master Plan (MP 178) and Title 21.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for industrial development on the General Plan, in
that surrounding properties to the north and west are designated for and/or
developed with Planned Industrial land uses and properties to the east and south
are sufficiently buffered by a circulation element roadway and open space.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the created lots will be able to accommodate the intended planned
industrial development while providing all required setbacks and other amenities
required by all applicable City regulations including the Bressi Ranch Master Plan
(MP 178) and Title 21.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to recordation of the final map the developer will vacate and adjust any
easements that conflict with proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
in an east-west alignment for southern exposure.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the proposed development is not within a preserve area of the adopted
Carlsbad Habitat Management Plan. The project area is a designated development
area in the Bressi Ranch Master Plan (MP 178), which was evaluated in the Final
Program EIR 98-04.
PC RES0 NO. 5988 -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
9.
10.
11.
12.
That the discharge of waste fiom the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Bressi Ranch Master Plan
based on the facts set forth in the staff report dated October 19, 2005 including, but not
limited to the following:
a. Land Use - The site is designated for Planned Industrial uses such as
corporate offices, light manufacturing, and research and development uses
and is consistent with the City’s General Plan since the proposed uses are
allowed within the Planned Industrial General Plan Designation.
b. Open Space and Conservation - The Open Space Preserve Areas are identified
in the City’s Habitat Management Plan, certified EIR 98-04, and the Bressi
Ranch Master Plan (MP 178). The project will not impact the designated
open space and will provide a connection to master plan trails and
connections to the adjacent neighborhoods as identified in the Master Plan.
c. Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards and
the Bressi Ranch Master Plan (MP 178).
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 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. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
c. 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.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
PC RES0 NO. 5988 -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
13.
14.
15.
16.
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability
of public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of
the Local Facilities Management Plan for Zone 17.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that all public
roads, water and sewer systems have been constructed or will be constructed
concurrently with development of the site.
The Planning Director has determined that
a. The project is a subsequent activity of the Bressi Ranch Master Plan for which
a program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved
earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA); [ 15 168(c)(2) and (e)] and
b. this project is consistent with the Bressi Ranch Master Plan cited above;
c. EIR 98-04 was certified in connection with the Bressi Ranch Master Plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR 98-04; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 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 recordation of
a final map or issuance of a grading permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
hture 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
or a successor in interest by the City’s approval of this Tentative Tract Map.
PC RES0 NO. 5988 -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
2.
3.
4.
5.
6.
7.
8.
9.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map 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/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, fiom 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 Tentative Tract Map, (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.
Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of
the Tentative Tract Map 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.
Prior to the issuance of a building permit, this project shall comply with all conditions
and mitigation measures that are required as part of the Zone 17 Local Facilities
Management Plan and any amendments made to that Plan.
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. A note to this effect
shall be placed on the Final Map.
PC RES0 NO. 5988 -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
10.
11.
12.
13.
Prior to issuance of any permit, Developer shall include, as part of the plans submitted for
any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x
36” blueline drawing format.
This approval is granted subject to the approval of PUD 05-05 and PIP 05-02 and is
subject to all conditions contained in Planning Commission Resolutions No. 5989 and
5990 for those other approvals incorporated herein by reference
Prior to issuance of a grading permit, 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.
Prior to issuance of a building permit, Developer shall establish an owner’s association
and corresponding covenants, conditions and restrictions. Said CC&Rs shall be
submitted to and approved by the Planning Director prior to final map approval. Prior to
issuance of a building permit the Developer shall provide the Planning Department with a
recorded copy of the official CC&Rs that have been approved by the Department of Real
Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following
provisions:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots andor Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
PC RES0 NO. 5988 -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
14.
15.
16.
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal prorata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power to
levy such special assessment, to impose a lien upon their respective Lot and to bring
all legal actions and/or to pursue lien foreclosure procedures against any Owner and
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape, Walkwavs, Plazas, and Common Outdoor Rest Areas Maintenance
Responsibilities. The associations maintenance responsibilities shall be as set forth in
Exhibit
Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall
include at a minimum include a bench and a pole for the bus stop sign. The facilities
shall be designed to enhance or be consistent with basic architectural theme of the project
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Prior to the recordation of the final map, 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 Tentative Map by Resolution No. 5988 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.
PC RES0 NO. 5988 -7-
1
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17.
18.
19.
20.
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 andlor 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.
Prior to issuance of a building permit, 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.
Developer shall construct, install and stripe not less than 477 parking spaces, as shown on
Exhibit D.
En Pineering
21.
22.
23.
24.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: driveways, sidewalks, street lights, landscaping and irrigation,
storm drain and water quality treatment facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.
Developer shall install sight distance corridors at all street and driveway intersections in
accordance with Engineering Standards and shall record the following statement on the
Final Map (and in the CC&R's).
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within the Caltrans corner sight distance
corridors. No obstructions shall impede nor conflict with the line-of-sight which is
established per City Standard Public Street-Design Criteria, Section 8.B.l The sight
line is depicted on the tentative map and also applies to driveways. The underlying
property owner shall maintain this condition."
The limits of these sight distance corridors shall be reflected on all improvement, grading,
or landscape plans prepared in association with this development.
PC RES0 NO. 5988 -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
25.
26.
Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
associated Assessment District 2002-01 (Poinsettia Lane East), or the assessments must
be paid in full. Developer shall pay all associated costs of said reapportionment. The
application shall be submitted to the Deputy City Engineer, Planning and Programs, with
the application for the final map.
The subject property is within the boundaries of Assessment District No. 2002-01
(Poinsettia Lane East). The owner of this property has previously executed a Special
Assessment District Disclosure Agreement with the City. Said Agreement contains
provisions requiring the current owner and any subsequent owner(s) to provide notice to
potential buyers of the amount of the assessment and other provisions and requires owner
to have each buyer receive, execute and deposit into escrow a Notice of Special
Assessment and Prepayment Option Agreement. In the event that owner does not have
the buyer execute the Notice of Special Assessment and Prepayment Option Agreement
prior to close of escrow, the assessment on the subject property must be paid off in full by
owner.
FeedAgreements
27. Prior to approval of final map for this project, Developer shall cause Owner to re-
apportion or additional consent to the existing City of Carlsbad Street Lighting and
Landscaping District No. 2. Said reapportionment and consent shall be on a form
provided by the Finance Department.
Grading
28. Prior to the issuance of a grading permit or budding 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.
29. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
Dedicationsflmprovements
30. 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
Tentative Map. The offer shall be made by a certificate on the final map andor by
separate 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. The specific language for the easement adjacent to Palomar Airport
shall be in a form acceptable to the City Engineer. Encroachments to public
easements and rights of way shall only be allowed by specific encroachment
agreement, approved by the City Engineer.
PC RES0 NO. 5988 -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
31.
32.
33.
34.
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 Grading and Erosion Control
Agreement to secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited
to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, relocation of existing facilities, sewer, water, fire hydrants, street
lights, water quality treatment facilities and reclaimed water, to City Standards to the
satisfaction of the City Engineer. The improvements are:
a) Onsite improvements including but not limited to sewer, water, recycled
water, storm drain, water quality treatment facilities, and access as shown on
the Tentative Map.
b) Grading and slope improvements along Palomar Airport Road to
accommodate an additional Right Turn Lane as shown on the Tentative
Map. This is grading only requirement includes but is not limited to
relocation of existing monument signs, if located within the additional right
of way, grading, landscaping and irrigation for the adjacent slope areas
along Palomar Airport Road and Melrose Drive affected by the proposed
widening. The actual improvement of curb, gutter, sidewalk and roadway
will be done by others.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Prior to issuance of building permits for this subdivision, the developer shall provide
evidence that the backbone infrastructure has been constructed and accepted by the City
of Carlsbad for public use. A note to this effect shall be placed on the Final Map.
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 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. Include all content as established by the California Regional Water Quality
Control Board requirements;
b. Include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
PC RES0 NO. 5988 -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
35.
Fina
36.
c. 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
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.
a.
b.
C.
d.
e.
f.
Prior to the issuance of grading permit or building permit, whichever occurs first,
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:
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 resident education on the proper
procedures for handling clean up and disposal of pollutants;
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.
gap Jotes
Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
PC RES0 NO. 5988 -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
Water
37.
38.
39.
40.
41.
42.
43.
44.
45.
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 20-30 foot 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
Authoritv capacitv 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 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.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
Code Reminder
46. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
PC RES0 NO. 5988 -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
47.
48.
49.
50.
51.
52.
53.
The tentative map shall expire twenty-four (24) months fiom the date this tentative map
approval becomes final.
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.
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 Bressi Ranch Master Plan Sign Criteria and shall
require review and approval of the Planning Director prior to installation of such signs.
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 fiom date of 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. 5988 -13-
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
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of October 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners, Baker, Cardosa, Dominguez,
Heineman, Montgomery, and Whitton
NOES:
ABSENT:
JEFFRE N. SEGALL, CGirperson
CARLSBAD PLANNING COMMISSION
ATTEST: n
DON NEU
Assistant Planning Director
PC RES0 NO. 5988 -14-