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HomeMy WebLinkAbout2006-06-07; Planning Commission; Resolution 6114PLANNING COMMISSION RESOLUTION NO. 6114 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE 2.21 ACRES INTO 3 10 AIRSPACE NON-RESIDENTIAL CONDOMINIUM UNITS AND ONE COMMON LOT ON PROPERTY GENERALLY 4 LOCATED ALONG THE SOUTHSIDE OF CARLSBAD , VILLAGE DRIVE, WEST OF HIGHLAND DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1 6 CASE NAME: CARLSBAD MEDICAL VILLAGE CASE NO.: CT 05-19 7 WHEREAS, Carlsbad Medical Village, L.P., "Developer," has filed a verified o 9 application with the City of Carlsbad regarding property owned by Carlsbad Medical Village, 10 L.P., "Owner," described as 11 That portion of Tract 119 of Carlsbad Lands, in the City of 12 Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County 13 Recorder of San Diego County, March 1915 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 16 Map as shown on Exhibits "A" - "Q" dated June 7, 2006, on file in the Planning Department, 17 CARLSBAD MEDICAL VILLAGE - CT 05-19, as provided by Chapter 20.12 of the18 19 Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 7th day of June 2006, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Tentative Tract Map. £•*) 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES CARLSBAD MEDICAL VILLAGE - CT 05-19, based on the following findings and subject to the following conditions: 3 Findings:4 1. That the proposed map and the proposed design and improvement of the subdivision as 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 7 project has been designed and conditioned to be consistent with and satisfies all requirements of the Office and Related Commercial (O) General Plan Land Use designation, Title 20 and 21 of the Carlsbad Municipal Code, and the State n Subdivision Map Act. 10 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Low Medium Density (RLM) 11 and Office and Related Commercial (O) land uses on the General Plan, in that medical office development is consistent with the Office and Related Commercial (O) land use designation which implements the City's General Plan and serves as a buffer between Carlsbad Village Drive and the residential areas. 14 3. 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 medical office development at the 15 density proposed, in that the project site can accommodate the proposed medical office development while providing all required setbacks, parking, landscaping, and other amenities required by applicable City regulations and development standards. 4. That the design of the subdivision or the type of improvements will not conflict with lg 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 19 that the project has been designed and structured such that there are no conflicts with existing or proposed easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or 23 natural heating or cooling opportunities in the subdivision, in that the structures are oriented in a manner which allows for adequate building separation for solar exposure and circulation of air. oc 7. 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 27 resources. 28 8. 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 PCRESONO. 6114 -2- habitat, in that the development is considered infill on previously disturbed lands 2 determined to have no value as habitat for endangered, rare or threatened species. 3 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has 4 been designed in accordance with, and conditioned to comply with the National Pollution Discharge Elimination System (NPDES) standards to prevent any discharge violations. 6 10. The Planning Commission finds that the project, as conditioned herein, is in 7 conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated June 7,2006 including, but not limited to the following: 8 a. Land Use - The proposed medical office use is consistent with the Office and Related Commercial (O) General Plan Land Use designation for the site. b. Noise - The project is not significantly impacted by noise, however it is conditioned to comply with the General Office Interior Noise Standard of 55 dBA CNEL in accordance with City's Noise Guidelines Manual. 12 11. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the IA environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 of the state CEQA 15 Guidelines for infill development, where the project is consistent with the General Plan designation and policies, on not more than five acres surrounded by urban 16 development, where the site has no biological value for endangered, rare or 17 threatened species, where the project would not result in any significant impacts relating to traffic, noise, air quality, or water quality, and the site is adequately 18 served by required utilities. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not 19 apply to this project. 20 12. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 22 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, 25 a. The project has been conditioned to provide proof from the Carlsbad Unified 26 School District that the project has satisfied its obligation for school facilities. 27 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 28 collected prior to the issuance of building permit. PCRESONO. 6114 -3- c. The Local Facilities Management fee for Zone 1 is required by Carlsbad 2 Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 3 13. The project has been conditioned to pay any increase in public facility fee, or new 4 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of g public facilities and will mitigate any cumulative impacts created by the project. 7 14. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 8 15. 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 I Q created by this project and in compliance with adopted City standards. II 16. 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 12 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;14 ~ 15 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map. 16 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 ,g 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 19 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 20 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. 22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 23 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 25 different from this approval, shall require an amendment to this approval. 26 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 27 _„ 4. 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 PCRESONO. 6114 -4- challenged, this approval shall be suspended as provided in Government Code Section 2 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 3 all requirements of law. 4 5. 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 6 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) 7 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 9 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 10 all legal proceedings have been concluded and continues even if the City's approval is not validated.11 j2 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map and Site Plan reflecting the conditions approved by the final 13 decision making body. I 14 7. 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. 16 8. This project shall comply with all conditions and mitigation measures which are required 17 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 1 8 19 9. This approval is granted subject to the approval of PUD 05-15 and SDP 05-13 and is subject to all conditions contained in Planning Commission Resolutions No. 6115 and 20 6116 for those other approvals incorporated herein by reference. 21 10. 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 23 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 24 shall be placed on the Final Map. 75 11. Developer shall submit and obtain Planning Director approval of a Final Landscape and 26 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 27 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 28 PCRESONO. 6114 -5- 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 13. Developer shall establish an owner's association and corresponding covenants, 4 conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscape areas, employee eating areas, fences, 6 perimeter walls, retaining walls, lighting, trash enclosures, paved access and parking areas. Prior to recordation of the final map the Developer shall provide the 7 Planning Department with a draft copy of the official CC&Rs. The approved CC&Rs „ shall be recorded concurrently with the final map. that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall 9 contain the following provisions: 10 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. 12 b. Notice and Amendment. A copy of any proposed amendment shall be provided to 13 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 16 event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section 17 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 20 (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 23 d. Special Assessments Levied by the City. In the event the City has performed the 24 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and 26 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 27 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 PCRESONO. 6114 -6- within the period specified, payment shall be deemed delinquent and shall be 2 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 3 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 6 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 7 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 his/her respective Lot for purposes of collecting such special assessment in 9 accordance with the procedures set forth in Article of this Declaration. 10 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 12 f. The location and size of all employee eating areas, parking areas, and 13 landscape areas associated with the project as shown on Exhibit shall not be altered, reduced, fenced or divided to preclude the equal use by all 14 owners/employees of the site. g. Parking lot and building lighting shall be shielded so as to prevent light spillage off of the site into adjacent residences. 17 14. 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 1, pursuant to Chapter 21.90. All such 20 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 21 15. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 23 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu 24 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has ~/- determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the 27 General Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer's successor(s) in 28 interest shall pay the adjusted amount of the fee once it is approved by the City Council. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit PCRESONO. 6114 -7- or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is 2 not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 3 16. 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. 6 17. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of 7 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 Tract Map, Non-Residential Planned 9 Development Permit, and Site Development Plan by Resolutions No. 6114, 6115 and 6116 on the property. Said Notice of Restriction shall note the property description, 10 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. 13 18. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property 1 - 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 16 (see Noise Form #2 on file in the Planning Department). 17 19. Prior to issuance of building permits, the developer shall submit proof, from a certified acoustical engineer, that interior noise levels will not exceed 55 dBA CNEL for all buildings pursuant to the City of Carlsbad's Noise Guidelines Manual. 19 20. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high 20 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 23 21. 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 24 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 22. 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 27 impacts on adjacent homes or property. 23. 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 PCRESONO. 6114 -8- Planning Director. Said facilities, if required, shall be free from advertising and shall 2 include at a minimum 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. 3 24. The perimeter wall separating the project site from the adjacent residential 4 development shall consist of a 6 ft. tall solid masonry wall pursuant to C.M.C. r Section 21.18.040A3, as opposed to the pre-cast concrete screen fence as proposed. The wall shall be shown on the Final Landscape Plans and shall be architecturally 6 compatible with the buildings and reviewed and approved by the Planning Director. 7 25. Fifty percent (50%) of the total trees proposed along the projects Carlsbad Village Drive frontage shall consist of a minimum 36 inch box size with the remainder consisting of a minimum 24 inch box size. All trees proposed along this frontage 9 shall be of an evergreen species and shown on the Final landscape and Irrigation Plan subject to Planning Director approval. 10 Engineering; 12 General: 13 26. 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 14 Engineer for the proposed haul route. 27. 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 16 the private improvements: streets, sidewalks, street lights, water service facilities and related main and sub-backflow devices, sewer facilities, storm water treatment 17 facilities and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 19 28. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an 20 approved drainage course or street to the satisfaction of the City Engineer. 21 29. There shall be one Final Map recorded for this project. 22 30. Developer shall install sight distance corridors at all driveway intersections in 23 accordance with Engineering Standards. 24 Fees/Agreements: 2S 31. Developer shall cause property owner to execute and submit to the City Engineer for 2g recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 27 32. Developer shall cause property owner to execute, record and submit a recorded copy to 28 the City Engineer, a deed restriction on the property which relates to the proposed cross PCRESONO. 6114 -9- 1 lot drainage as shown on the (TENTATIVE MAP/SITE PLAN). The deed restriction 2 document shall be in a form acceptable to the City Engineer and shall: 3 A. Clearly delineate the limits of the drainage course; 4 B. State that the drainage course is to be maintained in perpetuity by the underlying c property owner; and C. State that all future use of the property along the drainage course will not restrict, 6 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 7 nuisance. g 33. Prior to approval of any grading or building permits for this project, Developer shall 9 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 10 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: 13 34. Prior to the issuance of a grading permit or building permit, whichever occurs first, 14 Developer shall submit to the City Engineer proof that a Notice of Intention for the start 1 <- of work has been submitted to the State Water Resources Control Board. 16 35. 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 17 obtain a grading permit from the City Engineer prior to issuance of a building permit for the project.18 19 Dedications/Improvements: 20 36. The easement to the City of Carlsbad for trees and shrubs, recorded June 27,1968 as Instrument No. 108282 of Office Records and the easement to the City of 2* Carlsbad for slope construction, recorded February 8, 1967 as Instrument No. 22 17040 of Official Records shall be quitclaimed prior to the approval of a grading permit or final map, whichever occurs first. 23 37. Developer shall cause Owner to make an irrevocable offer of dedication to the City 24 and/or other appropriate entities for all public streets and other easements shown on the tentative map and, subject to North County Transit District's (NCTD) discretion, dedication of an NCTD easement for the proposed bus stop encroachment onto the 26 subject property. The offer shall be made by a certificate on the final map and/or separate recorded document. All land so offered shall be offered free and clear of all 27 liens and encumbrances and without cost. Streets that already public are not required to be rededicated.28 PCRESONO. 6114 -10- 38. Additional drainage easements may be required. Developer shall dedicate and provide or 2 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 3 39. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard 6 improvement plancheck and inspection fees. 7 40. Developer shall execute and record a City standard SUBDIVISION Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, 9 but not limited to paving, base and striping repair, grading, sewer, water, fire hydrants, retaining walls, to City Standards to the satisfaction of the City Engineer. The 1 0 improvements are : " a) Installation of sewer laterals, water services and related appurtenances 12 within Carlsbad Village Drive. 13 a. Installation of a public fire hydrant, service line and appurtenances. b. Striping modifications on Carlsbad Village Drive to accommodate left turns into the project, subject to the direction and satisfaction of the City Engineer. 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 17 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 18 , o 41 . Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed 20 pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level 21 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: 23 A. All owners and tenants shall coordinate efforts to establish or work with 24 established disposal programs to remove and properly dispose of toxic and hazardous waste products.25 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such 27 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, 28 herbicides, insecticides, fertilizers and other such chemical treatments shall meet PCRESONO. 6114 -11- Federal, State, County and City requirements as prescribed in their respective 2 "containers. 3 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 4 42. Prior to the issuance of grading permit or building permit, whichever occurs first, 5 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 8 project. At a minimum, the SWPPP shall: 9 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; c. recommend source control and treatment control Best Management Practices (BMPs) 12 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 15 procedures for handling clean up and disposal of pollutants. 16 43. 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 Storm water 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 19 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: 21 a. identify existing and post-development on-site pollutants-of-concern; 22 b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 23 c. 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; 25 d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper 26 procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and 2' f. 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. PCRESONO. 6114 -12- 1 2 44. Prior to building permit or grading permit issuance, whichever occurs first, Developer shall have design, apply for and obtain approval of the City Engineer, for the structural 3 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. 6 Final Map Notes: 7 45. Developer shall show on Final Map the net developable acres for each parcel. o 9 46. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 10 A. All improvements are privately owned and are to be privately maintained with the exception of the following: 1~ 1. Sewer and water pipe and related appurtenances within Carlsbad Village Drive public right-of-way. 13 2. The proposed onsite fire hydrant, service line and related appurtenances 14 B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as sight distance corridors. 17 Special Conditions:18 , Q 47. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. Developer shall pay 20 traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 21 Water:22 23 48. 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, 24 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 25 satisfaction of the District Engineer. 49. The Developer shall design and construct public facilities within public right-of-way or 27 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 28 maintenance, access and/or joint utility purposes. PCRESONO. 6114 -13- 50. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 2 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 3 51. The Developer shall install potable water services and meters at a location approved by 4 the District Engineer. The locations of said services shall be reflected on public improvement plans. x- 52. 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 7 improvement plans. 8 53. The Developer shall design and construct public water and sewer 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. 54. The Developer shall provide separate potable water meters for each separately owned j j unit. 12 55. 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 13 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. 56. Prior to Final Map approval or issuance of building permits, whichever is first, the entire 15 potable 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. 17 Code Reminders; 18 The project is subject to all applicable provisions of local ordinances, including but not limited to 19 the following: 20 57. The tentative map shall expire twenty-four (24) months from the date this tentative map 21 approval becomes final. 22 58. 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 24 of the City Engineer. 25 59. 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 26 permit issuance, except as otherwise specifically provided herein. 27 60. Any signs proposed for this development shall at a minimum be designed in conformance 28 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PCRESONO. 6114 -14- 1 2 61. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 3 62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 4 Code Section 18.04.320. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6114 -15- 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 NOTICE Please take NOTICE that approval of your project includes reservations, or other exactions hereafter collectively "fees/exactions." the "imposition" of fees, dedications, referred to for convenience as You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given 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 7th day of June 2006, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: ABSENT: Commissioner Heineman ABSTAIN: ~*^9 SI* *j^^^ fl^J r^lf ^* MARTELL B. MONTG^IERY, jrfperson CARLSBAD PLANNING COMMISSION ATTEST: *£!&* S \&U DON NEU Assistant Planning Director PCRESONO. 6114 -16-