HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 62221 PLANNING COMMISSION RESOLUTION NO. 6222
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
4 DEVELOPMENT AND OPERATION OF A PRIVATE SCHOOL
5 UTILIZING MOBILE BUILDINGS ON PROPERTY
GENERALLY LOCATED NORTH OF GREENHAVEN DRIVE,
6 SOUTH OF BRESSI RANCH WAY, EAST OF OPEN SPACE
AREA 3 AND WEST OF EL FUERTE STREET WITHIN
PLANNING AREA 13 OF THE BRESSI RANCH MASTER
PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: PACIFIC RIDGE SCHOOL
9 CASE NO.: CUP 06-11
10 WHEREAS, Pacific Ridge School, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by The Episcopal Diocese of San Diego,
12 "Owner," described as
13
Parcel 2 and 3 of City of Carlsbad MS 04-19, in the City of
14 Carlsbad, County of San Diego, State of California, according
1 - to map thereof no. 19958 recorded in the Office of the County
Recorder of said county on March 27,2006
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A" - "L" dated January 3, 2007, on file in the Planning
20 Department, PACIFIC RIDGE SCHOOL - CUP 06-11, as provided by Chapter 21.42 and/or
21 21.50 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007,
23
hold a duly noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CUP.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES PACIFIC RIDGE SCHOOL - CUP 06-11, based on the
following findings and subject to the following conditions:
4
<- 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 the Bressi Ranch Master Plan, in that it will provide additional educational
opportunities for the residents of Carlsbad that are currently not available. The
project furthers the goals of the General Plan and Bressi Ranch Master Plan by
9 providing a land use that helps create a balanced and integrated community, and
through its central location, allows easy access for the residents of Bressi Ranch and
10 Carlsbad as a whole. The use of mobile buildings will allow these educational
opportunities to occur sooner than if permanent buildings were proposed, and the
structures have been architecturally enhanced and situated to minimize their
, 2 visibility from El Fuerte Street. The use of mobile buildings is limited to a five year
term consistent with Carlsbad Municipal Code Chapter 21.42.
13
2. That the requested use is use is not detrimental to existing uses or to uses specifically
14 permitted in the zone in which the proposed use is to be located, in that Planning Area
13 is intended for Community Facility uses, and the property that surrounds the
project includes an existing RV storage facility and a vacant parcel, neither of which
16 will be negatively impacted by the proposed private school. The proposed school
with mobile buildings will not adversely impact the future use of the vacant lot as a
17 school is similar in nature to other Community Facility uses, such as a church or a
child day care center, in that it involves community assemblage, recreation facilities,
and serves a social/human service need. Sufficient separation of uses and on-site
j9 circulation will further enhance the compatibility of the proposed school with
Planning Area 13.
20
3. That the site for the proposed conditional use is adequate in size and shape to
21 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
Planning Commission in order to integrate the use with the other uses in the
23 neighborhood, in that the proposed mobile buildings, required parking and
landscaping can fit with the boundaries of the developable portion of the property,
24 without the need to encroach into the required setbacks. The project is surrounded
by an RV storage facility and a large open space area to the north, a vacant lot to
the south, and large open space areas to the east and west. Because of this
26 separation, the project is not expected to have detrimental affects regarding light,
noise, and/or physical location. The site circulation system can allow adequate
27 drop-off and pick-up of students, and the parking can accommodate the use. The
project has been conditioned to limit enrollment to ensure parking demand does not
2% exceed capacity.
PC RESO NO. 6222 -2-
4. That the street system serving the proposed use is adequate to properly handle all traffic
2 generated by the proposed use, in that a focused traffic study was prepared for the
project which demonstrates consistency with the traffic impacts analyzed by the
3 Bressi Ranch Master Plan Final EIR 98-04. The Master Plan EIR analyzed 1,000
ADTs for Planning Area 13, and the project would generate 733 daily traffic trips.
The focused traffic study also considered the build-out of Planning Area 13, and it is
r not anticipated to exceed 1,000 ADTs. El Fuerte Street is classified as a secondary
arterial and has been constructed to accommodate the trips generated by the
6 project, and the proposed pocket right-turn lane into the northerly project driveway
will allow vehicular traffic to safely enter the site from El Fuerte Street.
7
5. 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
9 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
10 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
1 * project will be installed to serve new development prior to or concurrent with need.
12 6. The Planning Director has determined that:
13
a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178)
14 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
16 activity for the purposes of CEQA) [15168( c)(2) and (e)];
17 b. this project is consistent with the Master Plan cited above;
* ° c. EIR 98-04 was certified in connection with the prior Master Plan;
19 d. the project has no new significant environmental effect not analyzed as significant
20 in the prior EIR;
21 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist;
23 f. the Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR 98-04 which are appropriate to this Subsequent
24 Project have been incorporated into this Subsequent Project.
25 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
2g Code Section 14.28.020 and Landscape Manual Section I B).
27 8. 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
28 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
PC RESO NO. 6222 -3-
Conditions:
2
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 building permit.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
c 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
6 . revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
7 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
9 or a successor in interest by the City's approval of this Conditional Use Permit.
10 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
internally consistent and in conformity with the final action on the project. Development
19 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
13
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
I g 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
17 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.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 and costs, including court costs and attorney's fees incurred by the City arising, directly
-„ or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
23 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
24 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
25 approval is not validated.
27 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
28 body.
PC RESO NO. 6222 -4-
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
3
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 17 Local Facilities Management Plan and any amendments made to
t- that Plan prior to the issuance of building permits.
6 9. 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
10. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
10 to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
12 Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
13 substantial negative effects.
11. This Conditional Use Permit is granted for a period of 5 years from January 3, 2007 to
. ^ January 2, 2012. This permit may be revoked at any time after a public hearing, if it is
found that the use has a substantial detrimental effect on surrounding land uses and the
16 public's health and welfare, or the conditions imposed herein have not been met. This
permit may be extended upon written application of the permittee made no less than 90
17 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
uses or the public's health and welfare. If a substantial negative effect on surrounding
land uses or the public's health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects.
20
12. 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
23 condition, free from weeds, trash, and debris.
24 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
26 14. This approval shall become null and void if building permits are not issued for this
27 project within 18 months from the date of project approval.
15. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
PC PvESO NO. 6222 -5-
16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
2 of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
3 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Conditional Use Permit by Resolution No. 6222 on the property.
Said Notice of Restriction shall note the property description, location of the file
r 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
6 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
7 or successor in interest.
o
17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
9 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
10 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
j2 18. 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
13 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
14
19. 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
I $ impacts on adjacent homes or property.
17 20. 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 at a
j9 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.
20
21. Prior to building occupancy, the developer shall construct, install, and stripe not less
21 than 97 parking spaces, as shown on Exhibit D.
22 22. The Developer shall implement and comply with all applicable mitigation measures
23 required by the Mitigation Monitoring and Reporting Program certified with the Bressi
Ranch Master Plan Final EIR 98-04, contained in Planning Commission Resolution
24 No. 5201.
25 23. Any permanent school facilities shall be reviewed and approved by a Major
25 Conditional Use Permit Amendment to CUP 06-11. School enrollment shall be
limited to 480 students, unless permanent school facilities which provide additional
27 parking are approved by the Planning Commission as an amendment to CUP 06-11.
2° 24. Not later than the Summer of 2009, the developer shall present a status report to the
Planning Commission that details the progress of development plans for the
PC RESO NO. 6222 -6-
permanent school buildings, the transition plans from the temporary to the
2 permanent buildings, existing and proposed traffic and parking operations during
transition and upon completion of the permanent buildings, and any other items
3 that the Planning Director determines should be addressed to demonstrate to the
Planning Commission that the permanent buildings will be completed prior to
4 expiration of the five year term of the CUP and that the traffic circulation and
<- parking for the school use are adequate.
6 25. School hours of operation shall be limited to those disclosed by the applicant:
7 a. School instructional activities - regularly Monday through Friday 8:00 a.m.
to 3:30 p.m.
b. Extracurricular activities - Monday through Friday: regularly 3:30 p.m. to
9 6:00 p.m., Saturdays: regularly 8:00 a.m. to 6:00 p.m., Sundays: occasionally
8:00 a.m. to 6:00 p.m. Occasional evening events, limited to an average of
10 one a month, may occur Monday through Sunday until 11:00 p.m.
c. All athletic activities shall end no later than dusk.11
,2 Additionally, all evening outdoor activities/events are limited to the town
square/dining terrace portion of the school campus. Any modification to the
13 intensity of the proposed activities and/or the hours of operation shall require an
amendment to CUP 06-11, as determined by the Planning Director.
14
26. The school shall implement the "Traffic Operations Plan" as it is described on
Attachment 10.
16
27. The noise analysis report submitted for CUP 06-11 is specific to this project, and
17 any future Conditional Use Permit Amendment that significantly modifies the site
plan shall submit a subsequent noise analysis report.18
,n 28. Final design of the gate to be located at the south end of the private driveway,
including all safety and locking devices, shall be approved by the Fire Department
20 and Planning Department. The gate shall not limit public pedestrian access on the
sidewalk adjacent to the private driveway.
21
29. Prior to the issuance of building permits, the developer shall cause the property
owners to provide an Irrevocable Offer to Dedicate (IOD) to the City of Carlsbad
23 for purposes of a public pedestrian access easement for the sidewalk adjacent to the
private driveway which serves Planning Area 13 in Bressi Ranch (as shown on Full
24 Size Exhibits B and C), beginning at the northerly driveway at El Fuerte Street and
ending at the cul-de-sac at Palmetto Drive. This dedication shall provide public
pedestrian connection between Planning Areas 12 and 13, consistent with Chapters
26 VIII and X of the Bressi Ranch Master Plan. The City of Carlsbad has the right,
but not the responsibility, to accept the IOD and all associated maintenance
27 responsibilities.
28
PC RESO NO. 6222 -7-
Engineering:
2
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed Conditional Use Permit (CUP), must be met prior to approval of a
4 grading or building permit, which ever occurs first.
General
6
- 30. Prior to the issuance of a grading permit or building permit(s) for CUP 06-11, which ever
occurs first, the developer shall complete processing of a lot line adjustment between
8 Parcel 2 & Parcel 3 as shown on the development site plan and consolidate to one parcel.
9 31. The variance from City standards as described below has been allowed as part of
the approval for the subject project. Unless specifically identified below, no other
variance from City standards is authorized virtue of approval of this development
1 site plan. The standard variance that has been allowed is for the following:
A required 10 feet clear separation between potable water and wastewater mains
has been allowed to be reduced to a minimum of 7 feet provided that all wastewater
pipe material classification is specified to be increased to C-900 minimum.
32. Developer shall install sight distance corridors within Parcels 2, 3 and 4 and in
i r accordance with City Engineering Standards. Developer shall record the following
statement on the development site plan:
'Wo structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridors as defined by City of
Carlsbad Engineering Standards."
18 The limits of the sight distance corridors shall be reflected on any improvement,
19 grading, or landscape plan prepared in association with this development and the
above note included.
20
21 Fees/Agreements
22
33. Developer shall cause property owner to process, execute and submit to the City Engineer
23 for recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage generated within Parcels 2 & 3 and flowing across Parcel 4.24
34. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation, a City Standard deed restriction on the property which
26 relates to the proposed cross lot drainage as shown on the development site plan. The
deed restriction document shall be in a form acceptable to the City Engineer and shall:
27 a. Clearly delineate the limits of the drainage course;
28
PC RESO NO. 6222 -8-
b. State that the drainage course is to be maintained in perpetuity by the underlying
2 property owner; and
3 c. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
4 damage to the underlying and adjacent properties or the creation of a public
nuisance.
5
6 35. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed sight
distance corridors as shown on the development site plan over/within Parcels 2, 3 and
4. The deed restriction document shall be in a form acceptable to the City Engineer and
shall:
a. Clearly delineate the limits of the sight distance corridors on a plat to be
, „ attached to the deed restriction;
,, b. State that the sight distance corridor is to be maintained in perpetuity by the
underlying property owner; and
12 c. State that objects along the sight distance corridor will not restrict or impede the
13 ability of motorist at the intersection to identify approaching vehicles
pursuant to Caltrans sight distance and City sight distance corridor
14 standards.
15
36. The improvements for proposed private parking lot, private storm drain, private
16 gate, private water services, and landscape and irrigation within a General Utility
Easement, and existing private storm drain connected to public drainage systems
within the public Right of Way will require encroachment agreements to be
recorded prior to issuance of building permits.
Gradins
20
37. Prior to the issuance of a grading permit or building permit for CUP 06-11, whichever
occurs first, Developer shall submit to the City Engineer proof that a Notice of Intent
(NOI) for the start of work has been submitted to the State Water Resources Control
Board.
23
38. This project requires off site grading for proposed grading in Open Space Lot 19 of
24 Map 14600. No grading for private improvements shall occur outside the limits of this
approval unless Developer obtains, records and submits a recorded copy to the City
Engineer a grading or slope easement or agreement from the owners of the affected
25 property. If Developer is unable to obtain the grading or slope easement, or agreement, no
grading permit will be issued. In that case Developer must either apply for and obtain an
27 amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance from both the City
Engineer and Planning Director.
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39. Based upon a review of the proposed grading and the grading quantities shown on the
2 development site plan, a grading permit for this project is required. Developer shall apply
for and obtain a grading permit from the City Engineer prior to issuance of a building
3 permit.
4 Dedications/Improvements
5
..- 40. Developer shall cause Owner to execute a covenant of easement for private reciprocal
access and the construction and maintenance of surface improvements, drainage
7 improvements, and post-construction treatment control Best Management Practices
by the owner of Parcel 4 for the benefit of Parcels 2 & 3 as shown on the development
8 site plan. The obligation to execute and record the covenant of easement shall be shown
and recording information called out on the development site plan. Developer shall
provide City Engineer with proof of recordation prior to issuance of grading permit or
10 building permit, whichever occurs first.
11 41. Developer shall cause Owner to execute a covenant of easement for private reciprocal
access and the construction and maintenance of surface improvements by the owner
12 of Parcels 2 & 3 for the benefit of Parcel 4 as shown on the development site plan. The
i 3 obligation to execute and record the covenant of easement shall be shown and recording
information called out on the development site plan. Developer shall provide City
14 Engineer with proof of recordation prior to issuance of grading permit or building permit,
whichever occurs first.
15
42. Developer shall cause Owner to execute a covenant of easement for private reciprocal
access and the construction and maintenance of surface improvements and
17 maintenance of post construction Best Management Practices by the owner of
Parcel 2 for the benefit of Parcel 1 as shown on the development site plan. The
18 obligation to execute and record the covenant of easement shall be shown and recording
information called out on the development site plan. Developer shall provide City
Engineer with proof of recordation prior to issuance of grading permit or building permit,
20 whichever occurs first.
21 43. Developer shall cause Owner to execute a covenant of easement for private reciprocal
access by the owner of Parcels 2 and 3 for the benefit of Parcel 1 as shown on the
22 development site plan. The obligation to execute and record the covenant of easement
~- shall be shown and recording information called out on the development site plan.
Developer shall provide City Engineer with proof of recordation prior to issuance of
24 grading permit or building permit, whichever occurs first.
25 44. Developer shall cause Owner to vacate the existing General Utility Easement within
Parcels 2,3 and 4 per Map 19958.26
27 45. Developer shall cause Owner to vacate the existing access rights relinquished per Map
14600 within Parcel 2 and within the proposed dedication of right of way for the
28 proposed turn pocket as shown on the development site plan.
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46. Developer shall cause Owner to dedicate to the City and/or other appropriate entities a
2 General Utility Easement for the alignment of the public water and sewer proposed
through Parcels 2, 3 and 4, and other easements shown on the development site plan.
3 The offer shall be made by a separate recorded document. All land so offered shall be
offered free and clear of all liens and encumbrances and without cost.4
c 47. Developer shall cause Owner to dedicate to the City and/or other appropriate entities
public Right-of-Way for pedestrian traffic to utilize proposed curb ramps at the
6 proposed northern and southern entrances in Parcels 2 and 4, and other easements
shown on the development site plan. The offer shall be made by a separate recorded
7 document. All land so offered shall be offered free and clear of all liens and
„ encumbrances and without cost.o
9 48. Developer shall cause Owner to dedicate to the City and/or other appropriate entities
public Right-of-Way necessary to accommodate the proposed right turn pocket at
10 the northern entrance within Parcel 2 and other easements shown on the development
site plan. The offer shall be made by a separate recorded document. All land so offered
shall be offered free and clear of all liens and encumbrances and without cost.
12
49. Developer shall cause Owner to dedicate to the City and/or other appropriate entities
13 public access rights relinquished adjacent to the Right-of-Way of the proposed right
turn pocket at the northern entrance within Parcel 2 and other easements shown on
the development site plan. The offer shall be made by a separate recorded document. All
j 5 land so offered shall be offered free and clear of all liens and encumbrances and without
cost.
16
50. Developer shall install egress stop sign control at both proposed driveways and
\7 appropriate signage for southbound traffic within existing Parcel 4 and toward the
„ driveway to El Fuerte that warns approaching vehicles the driveway does not have
an outlet at Palmetto Drive. All on site circulation signage and striping is subject to
\ 9 the approval of the City engineer.
20 51. 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.
22 52. Developer shall provide the design of all private streets and drainage systems to the
23 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
24 systems shall be inspected by the City. Developer shall pay the standard improvement
„,. plancheck and inspection fees.
26 53. Developer shall execute a City standard Development Improvement Agreement to design
and install and secure with appropriate security as provided by law, public improvements
27 shown on the development site plan. These improvements include, but are not limited to
sewer lateral(s), water lateral(s), sewer main and appurtenants, water main and
appurtenants, street light(s), sidewalk, curb ramp(s), driveway(s), curb & gutter(s),
PC RESO NO. 6222 -11-
pavement design, base preparation and paving, signing & striping, utility relocation,
2 fire hydrant(s), clearing & grubbing, and grading.
Said improvements shall be installed to City Standards to the satisfaction of the City
Engineer. More specifically, the improvements are:
A proposed right turn pocket for southbound turning movements into the northerly
driveway and all appurtenant relocation of existing facilities and dedications. The
construction of a southerly driveway entrance to Parcel 4 along with all necessary
6 dedications.
7 54. Developer shall execute and record a City standard Best Management Practice (BMP)
8 Maintenance Agreement for the perpetual maintenance of all treatments control and
applicable site design and source control, post-construction permanent BMP's prior to the
9 approval of grading or building permit, whichever occurs first for this Project.
55. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
12 Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
17 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
\ g 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,
19 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
21 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
22 . when planning any changes to the landscaping and surface improvements.
56. Prior to the issuance of grading permit or building permit, whichever occurs first,
24 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
25 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
26 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
28 Control Board requirements;
PC RESO NO. 6222 -12-
b. include the receipt of "Notice of Intent" issued by the California Regional Water
2 Quality Control Board;
3 c. recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
4 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.
57. 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
1 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:
13 a. identify existing and post-development on-site pollutants-of-concern;
14 b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
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 offsite;
, o d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education
19 on the proper procedures for handling clean up and disposal of pollutants;
20 e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
21 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
22 practicable.
23
58. Prior to issuance of building permits, Developer shall relocate street lights along all
24 public and private street frontages abutting and/or within the development site in
conformance with City of Carlsbad Standards.
25 59. Prior to issuance of building permits Developer shall install sidewalks along all public
streets abutting the development site in conformance with City of Carlsbad Standards.
27
60. Prior to issuance of building permits Developer shall install curb ramps at the public
street corners abutting the development site in conformance with City of Carlsbad
Standards.
PC RESO NO. 6222 -13-
1
2 61. Prior to grading permit Developer shall have designed, apply for and obtain approval of
the City Engineer, for the structural section for the access aisles with a traffic index of 5.0
3 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.
62. Based upon a review of the proposed improvements on the development site plan, a
Right-of-Way (ROW) permit for this project is required for the construction of
proposed public water and sewer main, access roads and all appurtenant
improvements, a right turn pocket for south bound traffic entering into the
northern access point, and a standard curb cut and driveway at the southern access
9 point and all required dedications. Developer shall apply for and obtain a ROW
permit from the City Engineer prior to issuance of a grading permit or building
10 permit for CUP 06-11, whichever occurs first.
63. The proposed grading, proposed water and sewer mains and appurtenants,
12 proposed drainage improvements, proposed driveway and all necessary public and
private easements to construct the improvements as shown on the development site
1 3 plan and/or required by these conditions are located offsite on property for which
neither the City nor the owner has sufficient title or interest to permit the
14 improvements to be made without acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property or
necessary interest. The Developer shall use its best efforts to effectuate negotiated
acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its
17 best efforts, and comply with the requirements of the Carlsbad Municipal Code
Section 20.16.095 to notify and enable the City to successfully acquire said property
° by condemnation.
19
Special Conditions
20
21 64. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the development site plan are for planning purposes only. Developer shall pay traffic
22 impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
24 Utilities
25
65. Prior to approval of improvement plans or , Developer shall meet with the Fire Marshal to
26 determine if fire protection measures (fire flows, fire hydrant locations, building
sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
PC RESO NO. 6222 -14-
66. The Developer shall design and construct public water, and sewer facilities within public
2 right-of-way or within minimum 30-feet wide easements granted to the District or the
City of Carlsbad. At the discretion of the District Engineer, wider easements may be
3 required for adequate maintenance, access and/or joint utility purposes.
67. 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
68. 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
69. 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 70. The Developer shall install potable water and recycled water services and meters for
each structure available for separate ownership at a minimum at a location approved
by the District Engineer.
12 71. The Developer shall install 1 sewer lateral and clean-out at a location approved by the
13 District Engineer for each structure available for separate ownership at a minimum.
The locations of sewer lateral shall be reflected on public improvement plans.
15 72. The Developer shall design and construct public water and sewer facilities substantially
as shown on the development site plan to the satisfaction of the District Engineer.
16 Proposed public facilities shall be reflected on public improvement plans.
17 73. The Developer shall provide separate potable water meters for each separately owned
unit. The locations of said services shall be reflected on public improvement plans.18
19 74. Prior to occupancy, Developer shall install 1 potable water meter for commercial use for
each structure available for separate ownership at a minimum.
20
75. 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
22 determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the site plan.
23
76. Prior to approval or issuance of building permits, whichever is first, the entire potable
24 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.
26 77. A fire flow system shall be required for this commercial development and it shall be
constructed as a looped system. The Developer shall complete the looped water system by
27 tying into the existing waterline system on El Fuerte to the satisfaction of the District
Engineer.
PC RESO NO. 6222 -15-
78. The Developer shall coordinate with the District Engineer regarding the looped system
2 and easements.
3 79. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the development site plan to the satisfaction of the
District Engineer.
5
Code Reminder
6
7 80. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued, including but not limited to
the following:
9 a. Developer shall exercise special care during the construction phase of this project
to prevent offsite siltation. Planting and erosion control shall be provided in
10 accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance)
to the satisfaction of the City Engineer.
12 81. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.13
, , 82. 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
15 permit issuance, except as otherwise specifically provided herein.
16 83. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
84. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
19
85. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
21 Director prior to installation of such signs.
22
23
24
25
26
27
28
PC RESO NO. 6222 -16-
1 NOTICE
2
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
4 "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
6 66020(a), and file the protest and any other required information with the City Manager for
7 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
g 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
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on the 3rd day of January 2007 by the
15
following vote, to wit:
16
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Douglas, Segall, and Whitton
18
NOES:
19
ABSENT:
20
21
22
23 ii MARTELL B. MONTGOMERY, Chairperson
24 CARLSBAD PLANNING COMMISSION
25 ATTEST:
26"
27
28 DON NEU
Assistant Planning Director
PC RESO NO. 6222 -17-
PACIFIC RIDGE SCHOOL
TRAFFIC OPERATIONS PLAN
Student drop-off/ pick-up
o Typical times will be between 7:30-8:15 a.m. and 3:30-4:15 p.m.
o Location
• Loading and unloading area on-site adjacent to the sports field and
within the school parking lot
• Off-site (El Fuerte and/or Palmetto) drop-off/ pick-up and queuing is
prohibited
o School Administration oversight
• A staff member will be present during each drop-off/ pick-up period at
the El Fuerte entry to the site, and the Palmetto cul-de-sac at the
south end of Planning Area 13 to enforce the prohibition
• Periodic communication with the students and parents regarding
appropriate drop-off/ pick-up locations
• Provide the community with a phone number and email address to
use to file complaints
• Busing
o Prepared to implement when found to be needed (tied to enrollment levels)
o Will be implemented as first mitigation measure to any queuing problems
o Drop-off/ pick-up will be in the same locations as noted above
Pacific Ridge School - Traffic Operations Plan
CUP 06-11
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