HomeMy WebLinkAbout2006-07-19; Planning Commission; Resolution 61341 PLANNING COMMISSION RESOLUTION NO. 6134
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT
4 OF A 182,480-SQUARE-FOOT SELF-STORAGE FACILITY ON
A 4.49-ACRE PROPERTY GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF EL CAMINO REAL AND
6 PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 17.
7 CASE NAME: BRESSI RANCH SELF-STORAGE FACILITY
CASE NO.: CUP 05-288
9 WHEREAS, Veralliance Properties, "Developer," has filed a verified
10 application with the City of Carlsbad regarding property owned by Kelly Capital Group, Inc,
1 * "Owner," described as
12 Lot 14 of Carlsbad Tract CT 02-45 Bressi Ranch, in the City of
13 Carlsbad, County of San Diego, State of California, according
to Map thereof No. 14960, filed in the Office of the County
14 Recorder of San Diego County, February 4, 2005
15 ("the Property"); and
16
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "A" - "N" dated July 19,2006, on file in the Planning Department,18
19 BRESSI RANCH SELF-STORAGE FACILITY - CUP 05-28 as provided by Chapter 21.42
20 and/or 21.50 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 19th day of July 2006, hold a
22 duly noticed public hearing as prescribed by law to consider said request; and
23
WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
jiiJ
26 relating to the CUP.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2$ Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES BRESSI RANCH SELF-STORAGE FACILITY - CUP 05-28,
based on the following findings and subject to the following conditions:
4
r Findings;
6 1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
7 is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the self-storage facility is an allowed conditional use in
the Planned Industrial Zone, the proposed use provides desired storage space for
9 the office and business uses in the industrial area, the proposed use has been
designed to be compatible with the surrounding uses and conditions, and the use is
10 consistent with the Goals and Objectives of the General Plan as discussed in Table 1
of the staff report. In addition, due to the highly visible location of the self-storage
facility, the architecture has been enhanced to make the self-storage facility look
12 more like an office campus by incorporating spandrel glass accents, stone-accented
pillars, reflective glass window treatments, and varying building heights.
13
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
14 that the site can accommodate the proposed use while meeting all applicable
,, development standards, including circulation and parking requirements, and all
storage will be contained within the proposed buildings.
16
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
17 adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project is designed to satisfy all applicable
setback (yard) requirements; includes security fences; provides landscaping in the
19 setbacks; and requires no other features to be compatible with the existing or
permitted future uses.
20
4. That the street system serving the proposed use is adequate to properly handle all traffic
21 generated by the proposed use, in that the project will take access off of Campbell
22 Place, which is an industrial cul-de-sac that can accommodate the 365 average daily
trips expected to be generated by the proposed self-storage use.
23
5. The Planning Director has determined that:
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a. The project is a subsequent activity within the scope of the Bressi Ranch Master
Plan (MP 178) for which a program EIR was prepared, and a notice for the
26 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
27 describes the activity for the purposes of CEQA [ 15168( c)(2) and (e)].
980 b. This project is consistent with the Master Plan cited above.
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c. EIR 98-04 was certified in connection with the prior plan.
2 d. The project has no new significant environmental effect not analyzed as
3 significant in the prior EIR.
e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist.
6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
7
7. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
8 McClellan-Palomar Airport, dated April 1994, in that a 35-foot height limit was
established and few employees and human activity is allowed and the project is
conditioned to record an avigation easement. As conditioned, the applicant shall record
10 a notice concerning aircraft noise. The project is compatible with the projected noise
levels of the CLUP and, based on the noise/land use compatibility matrix of the CLUP,
11 the proposed land use is compatible with the airport, in that the site is located entirely
within the McClellan-Palomar Airport's Runway Protection Zone (RPZ). The only
land uses considered to be compatible with the restrictions required of the RPZ are
uses that are low intensity characterized by a low number of employees and
customers per square foot of building area which the storage facility is. In addition,
14 the project meets the height limitation set by the Federal Aviation Regulations
(FAR) Part 77, which has determined that the structure does not exceed obstruction
standards and would not be a hazard to air navigation.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local
17 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
18 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.
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution and hereby finds, in this case, that the exactions are imposed
22 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.
23
Conditions;24
25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
26
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
PCRESONO. 6134 -3-
future building permits; deny, revoke, or further condition all certificates of occupancy
2 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
3 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Conditional Use Permit.
4
j. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
6 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
7 different from this approval, shall require an amendment to this approval.
o
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
9 regulations in effect at the time of building permit issuance.
10 4. Prior to issuance of building permits, the Developer shall record an Avigation Easement
for the property to the County of San Diego and file a copy of the recorded document
* 1 with the Planning Director.
12 5. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 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.
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6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
17 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
jo or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
20 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
21 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
23 approval is not validated.
24 7. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Site Plan and Floor Plans reflecting the conditions approved by the final decision-
making body.
26 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
27 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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9. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
3
10. This approval is granted subject to the approval of SUP 05-14 and is subject to all
conditions contained in Planning Commission Resolution No. 6135 for those other
c approvals incorporated herein by reference.
6 11. 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.
9
12. This approval shall become null and void if building permits are not issued for this
10 project within 24 months from the date of project approval.
13. CUP 05-28 shall be reviewed by the Planning Director annually to determine if all
conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
13 If the Planning Director determines that (1) the conditional use permit was obtained by
fraud or misrepresentation; or (2) the use for which such approval is granted is not being
exercised; or (3) the conditions of approval have not been met; or (4) the conditional use
. - permit is being or recently has been exercised contrary to any of the terms or conditions
of approval; or (5) the use for which such approval was granted has ceased to exist or has
16 been suspended for one year or more; or (6) the use is in violation of any statute,
ordinance, law, or regulation; or (7) the use permitted by the conditional use permit is
17 being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the conditional use permit in
whole or in part, reaffirm the conditional use permit, modify the conditions or impose
20 new conditions.
21 14. Developer shall submit and obtain Planning Director approval of a Final Landscape,
Hardscape and Irrigation Plan showing conformance with the approved Preliminary
Landscape Plan as shown on Exhibit "M" of the Preliminary Landscape Plan,
23 Sheet 12 of the plan set, dated July 19, 2006, and the City's Landscape Manual.
Developer shall construct and install all landscaping as shown on the approved Final
24 Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds,
trash, and debris.
26 15. 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
27 project's building, improvement, and grading plans.
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
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substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
2 Directors of Community Development and Planning.
3 17. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
4
* 18. 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
6 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
7 Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such
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.
9
19. Prior to the issuance of a grading or building permit, whichever occurs first, the
10 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
12 Conditional Use Permit by Resolution No. 6134 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
13 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
14 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.
16 20. Prior to the issuance of a grading or building permit, whichever occurs first, the
Developer shall prepare and record a Notice that this property is subject to overflight,
17 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).
19 21. 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
21 Director. Enclosure shall be of similar colors and/or materials to the project to the
_„ satisfaction of the Planning Director.
23 22. 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.25
26 23. Developer shall abide by the hours of operation as stated in the staff report dated
July 19,2006.
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24. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
2° including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
PCRESONO. 6134 -6-
1
2 25. Any outside storage of recreational vehicles, trucks or automobiles on this project site is
specifically prohibited. Developer shall construct, install, and stripe not less than
3 11 parking spaces, as shown on Exhibit "B."
4 26. Prior to issuance of any sign permit for the project, the Developer shall comply with
the Bressi Ranch Sign Program and the City of Carlsbad's Sign Ordinance Chapter
21.41 except as follows:
6
Signage for the project shall be limited to one monument sign located along the
7 property's Palomar Airport Road frontage, but shall not be located to the west any
closer than 200 feet from the intersection of Palomar Airport Road and El Camino
8 Real as measured from the curb return and no further to the east than to the
n Developer's property line. The monument sign must remain on the Developer's
property and cannot be located off-site or on El Camino Real. The monument sign
10 shall be limited to 25 square feet of area per face inclusive of the base. The
monument sign shall have compatible material with the architectural material of the
11 buildings. Wall signage for Building B shall be limited to a total of two 25-square-
foot maximum signs with one facing Palomar Airport Road and one facing El
Camino Real. No signage is permitted on Buildings A and B on the elevations that
13 face the intersection of Palomar Airport Road and El Camino Real (northwest).
Wall signage shall be limited to one 50-square-foot maximum sign located on
14 Building A, facing the entrance to the self-storage facility (southeast) off of
Campbell Place. The Developer is allowed to have three directional signs located on
1 5 the property and at the driveway entrance. Each sign shall be a maximum of six
,g square feet, four feet above average grade with six-inch letters as allowed per
Chapter 21.41 of the City of Carlsbad's Sign Ordinance. All signage for the project
17 must be approved by the Planning Director.
18 Fire:
19 27. The Applicant shall be responsible to provide a Fire Hydrant within the ROW along
20 Palomar Airport Road with 400 LF of the apex of the corner of El Camino Real and
Palomar Airport Road.
21
Engineering:22
23 General
24 28. 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
25 for the proposed haul route.
<jr
29. Prior to issuance of any building permit, Developer shall comply with the requirements of
27 the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
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30. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
2 recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
3 located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
c 31. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
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Fees/Agreements
7
32. 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.
9
33. Developer shall cause property owner to execute and submit to the City Engineer for
10 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
, 2 Grading
13 34. 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
14 grading permit from the City Engineer prior to issuance of a building permit for the
15 project.
16 35. 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
17 of work has been submitted to the State Water Resources Control Board.
1 O1 ° Dedications/Improvements
19 36. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
20 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
21 offered free and clear of all liens and encumbrances and without cost. Streets that are
already public are not required to be rededicated.
23 37. 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
24 with any grading or building permit.
38. 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
27 systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
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39. Developer shall execute a City standard Development Improvement Agreement to install
2 and secure with appropriate security as provided by law, improvements shown on the site
plan including, but not limited to paving, base, signing and striping, sidewalks, curbs and
3 gutters, grading, clearing and grubbing, undergrounding, sewer, water, fire hydrants,
retaining walls, and reclaimed water to City Standards to the satisfaction of the City
4 Engineer. The improvements are:
a) Potable water system.
6 b) Access driveway to the Bressi Recycled and Potable Water Pump Station.
7 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.
9
40. Developer shall comply with the City's requirements of the National Pollutant Discharge
10 Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
11 Management Practices Handbook" to reduce surface pollutants to an acceptable level
12 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
13 limited to notifying prospective owners and tenants of the following:
14 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.
16
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
17 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
1 ° or storm water conveyance systems. Use and disposal of pesticides, fungicides,
, q herbicides, insecticides, fertilizers, and other such chemical treatments shall meet
Federal, State, County, and City requirements as prescribed in their respective
20 containers.
21 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
23 41. 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
24 (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
2-> Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
2g to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
27
a. Include all content as established by the California Regional Water Quality
28 Control Board requirements.
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b. Include the receipt of "Notice of Intent" issued by the California Regional Water
2 Quality Control Board.
c. Recommend source control and treatment control Best Management Practices
3 (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.
<- d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
6 procedures for handling cleanup and disposal of pollutants.
7 42. 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
9 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
10 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:
12 a. Identify existing and post-development on-site pollutants-of-concern.
13 b. Identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project.
14 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.
16 d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education
17 on the proper procedures for handling cleanup and disposal of pollutants,
e. Ensure long-term maintenance of all post-construct BMPs in perpetuity.
* ° f. Identify how post-development runoff rates and velocities from the site will not
exceed the predevelopment runoff rates and velocities to the maximum extent
practicable.
20
Special Condition
21
43. The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the site plan are for planning purposes only. Developer shall pay traffic
23 impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
24
Water;
25
44. 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,
27 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.
PCRESONO. 6134 -10-
45. The Developer shall design and construct public facilities within public right-of-way or
2 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
3 maintenance, access and/or joint utility purposes.
4 46. 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.
6
47. The Developer shall prepare a colored recycled water use map and submit this map to the
7 Planning Department for processing and approval by the District Engineer.
g
48. The Developer shall design landscape and irrigation plans utilizing recycled water as a
9 source. Said plans shall be submitted to the satisfaction of the District Engineer.
10 49. The Developer shall install (potable water and/or recycled water services) and meters at a
location approved by the District Engineer. The locations of said services shall be
* 1 reflected on public improvement plans.
12 50. The Developer shall install sewer laterals and clean-outs at a location approved by the
13 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
14
51. 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
16 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.
17
52. A fire flow system shall be required for this development and it shall be constructed as a
1 ° looped system. The Developer shall complete the looped water system by tying into the
in existing waterline system on to the satisfaction of the District Engineer.
20 53. The Developer shall coordinate with the District Engineer regarding the looped system
and easements.
21
Code Reminders;
23 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
24
54. 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 55. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
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56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
2 Code Section 18.04.320.
3 57. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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
6 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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1
2 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
4 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
5
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.
9
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
12 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
13
14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
15 Commission of the City of Carlsbad, California, held on the 19th day of July 2006 by the
16 following vote, to wit:
17 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
19 NOES:
20 ABSENT:
21 ABSTAIN:.
22"
23
24 MARTELL B. MONTfjOMER^Thairperson
25 CARLSBAD PLANNING COMMISSION
26
27
2g DON NEU
Assistant Planning Director
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