HomeMy WebLinkAbout2007-04-18; Planning Commission; Resolution 62771 PLANNING COMMISSION RESOLUTION NO. 6277
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 06-13 TO ALLOW A CHILD
4 DAYCARE CENTER ON PROPERTY GENERALLY LOCATED
5 ON THE EAST SIDE OF EL CAMINO REAL BETWEEN TOWN
GARDEN ROAD AND CAMINO VIDA ROBLE IN THE GREENS
6 COMMUNITY FACILITIES AREA 1.2 OF THE VILLAGES OF LA
COSTA MASTER PLAN AND LOCAL FACILITIES
7 MANAGEMENT ZONE 10.
CASE NAME: ASPIRATIONS DAYCARE CENTER
8 CASE NO.: SDP 06-13
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WHEREAS, Alan Heim, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by Real Estate Collateral Management Company,
12 "Owner," described as
13 Parcel 1 of Minor Subdivision MS 05-05, in the City of
Carlsbad, County of San Diego, State of California, according
14 to Parcel Map thereof No. 20174 filed in the office of the
County Recorder on December 20,2006
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Site Development
18 Plan as shown on Exhibits "A" - "P" dated April 18, 2007, on file in the Planning Department,
19 ASPIRATIONS DAYCARE CENTER - SDP 06-13 as provided by Chapter 21.06/Section
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21.53.120 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on the 18th day of April, 2007, hold
23 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
95 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES ASPIRATIONS DAYCARE CENTER - SDP 06-
13 based on the following findings and subject to the following conditions:4
5 Findings;
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
7 not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the General Plan encourages the establishment of child
daycare centers in safe and convenient locations throughout the community to
accommodate the growing demand for child care in the community caused by
10 demographic, economic, and social forces. The subject site was reserved as a
community facility site as part of the Villages of La Costa Master Plan and was
anticipated as a child daycare center. The Villages of La Costa Master Plan was
found to comply with all applicable General Plan Goals, Objectives and Policies
including Land Use. The project is in conformance with the Master Plan and is
13 therefore also in compliance with the General Plan.
14 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the Villages of La Costa Master Plan required that a 2-acre minimum site be
provided within the Greens Community Facilities Area 1.2 for a child daycare
. , center. The 2-acre project site is adequate in size to accommodate a 9,995 square
foot daycare center. The single-story structure and play ground area are located
17 outside of the 60 foot fuel modification zone, and will provide all necessary setbacks,
play areas, landscaping, circulation, and parking areas. The project can
IB accommodate up to 180 children and 21 employees, and will provide 39 parking
spaces as required.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
21 provided and maintained, in that the project has been designed in accordance with all
development standards of the C-F Zone and those required for the Greens
22 Community Facilities Area 1.2 of the Villages of La Costa Master Plan. All
amenities required by the Child Care Ordinance, Chapter 21.83 of the Carlsbad
Municipal Code are provided, in that the project is conditioned to provide proof of
24 licensing prior to occupancy; a large fenced in outdoor play area is provided and is
located adjacent to the structure with all play areas visible and accessible from
25 inside the facility; the fences separating the outdoor play areas from the two
parking lot areas are constructed of a solid masonry block and are a minimum five
feet in height; the child daycare center is designed with multiple windows to allow
maximum opportunities for natural lighting and visibility; parking is provided at a
ratio of one space per employee and one space per ten children for a total of 39
2g parking stalls (21 employees and 180 children); and parking spaces for loading and
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unloading children are located near the entrance of the building in the west parking
2 lot and are easily accessible.
3 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that traffic generated for the proposed use was
4 , previously addressed in EIR 98-07 prepared for the Villages of La Costa Master
Plan and was based on a 10,000 square foot child daycare facility being constructed
on the site. Traffic was further analyzed in a September 10, 2004 letter from
6 Linscott, Law & Greenspan, which considered a subsequent land use change for
Villages of La Costa (Greens) Neighborhoods 1.1, 1.2 and 1.3. Once the adjacent
7 Medical Office project is constructed to the north, the Aspirations Daycare Center
project site will also have access to El Camino Real via a signalized intersection at
° Town Garden Road through Metropolitan Street. The project ADT for the daycare
9 use was calculated on 80 trip end/1000 square feet. The proposed daycare center is
under the 10,000 square feet originally anticipated for the site. Therefore, the street
10 system serving the proposed daycare use is adequate to properly handle all traffic
generated by this project.
5. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
12 McClellan-Palomar Airport, dated April 1994, in that the CLUP identifies schools and
13 pre-schools as being a compatible land use within the McClellan-Palomar Airport
Noise/Land Use Compatibility Matrix. The project site has been designed such that
14 all portions of the building are located entirely outside of the Flight Activity Zone
(FAZ). While a portion of the pre-school playground area is located within the
1 5 FAZ, it does not qualify as Group-A occupancy and is therefore consistent with the
CLUP. The project is compatible with the projected noise levels of the CLUP; and,
based on the noise/land use compatibility matrix of the CLUP, the proposed land use is
17 compatible with the airport, in that the project site is located approximately 4,000 feet
southeast of the McClellan-Palomar Airport and is outside the 60 CNEL noise level
18 contour lines, and the outdoor community noise equivalent level (CNEL) is
sufficiently attenuated by conventional construction that the indoor noise level is
acceptable, and both indoor and outdoor activities associated with the land use may
20 be carried out with essentially no interference from aircraft noise. Furthermore, the
Villages of La Costa Master Plan was found to be consistent with the CLUP. This
21 project is in conformance with the Master Plan and is therefore also in compliance
with the CLUP.
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6. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan and the Villages of La Costa
24 Master Plan based on the facts set forth in the staff report dated April 18, 2007
including, but not limited to the following:
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a. Land Use - The proposed child daycare center is consistent with the (CF)
26 Community Facilities General Plan Designation in that the purpose and intent of
the CF General Plan Land Use designation is to allow facilities for child daycare
centers, places of worship, senior citizens, and charities.
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b. Open Space and Conservation - The project maintains adequate buffers from the
2 native habitat areas and is consistent with the adopted Habitat Conservation
Plan for the Villages of La Costa Master Plan.
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c. Circulation - El Camino Real is adequate in capacity to handle the traffic
4 generated by the proposed use. All frontage improvements to El Camino Real
have been constructed by the Villages of La Costa Master Tentative Tract Map
(CT 99-03). Required improvements consist of the common private access drive
5 into the site.
7 d. Noise - Sound-attenuation measures will be incorporated into the project to
ensure that the interior noise levels do not exceed the City's 45 dBA CNEL noise
8 standards.
" e. Public Safety - Each daycare classroom exits directly onto the playground area
JQ as well as to the interior of the building. Emergency access gates are provided in
the southwesterly corner of the project providing greater access for emergency
11 vehicles to the entire site. The building is located outside of the Flight Activity
Zone. All necessary water mains, fire hydrants, and appurtenances will be
12 installed prior to occupancy of any building and all-weather access roads will be
maintained throughout construction.
14 7. The Planning Director has determined that:
15 a. The project is a subsequent activity of the Villages of La Costa Master Plan (MP
98-01) for which a program EIR was prepared, and a notice for the activity has been
16 given, which includes statements that this activity is within the scope of the program
. „ approved earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA [15168(c)(2) and (e)].
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b. This project is consistent with the Master Plan cited above.
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c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with
the prior plan.
21 d. The project has no new significant environmental effect not analyzed as significant in
22 the prior EIR.
2-> e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
24 CEQA Guidelines Sections 15162 or 15163 exist.
25 f. All feasible mitigation measures or project alternatives identified in the Villages of
La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent
26 Project, have been incorporated into this Subsequent Project.
27 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
28 Facilities Management Plan for Zone 10 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
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provide funding to ensure that all facilities and improvements regarding sewer collection
2 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
3 project will be installed to serve new development prior to or concurrent with need.
Specifically,
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a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
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b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
7 collected prior to issuance of building permit.
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c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
9 collected prior to the issuance of building permit.
10 9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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10. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions;
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
grading or building permits, whichever occurs first.
17 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
18 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
19 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
issued under the authority of approvals herein granted; record a notice of violation on the
21 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
22 or a successor in interest by the City's approval of this Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
24 and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
25 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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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.
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4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Site Development Plan,
(b) City's approval or issuance of any permit or action, whether discretionary or
9 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the-facility permitted hereby,
10 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions., This obligation
* * survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
13 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the (Grading and Site Plans) reflecting the conditions approved by the final
decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
16 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 10 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
20 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
21 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.,
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10. This approval is granted subject to the approval of SUP 06-13 and is subject to all
24 conditions contained in Planning Commission Resolutions No. 6278 for those other
approvals incorporated herein by reference.
26 11. This approval is granted subject to Planning Director approval of DC 06-02 and is
subject to all conditions contained in that approval incorporated herein by reference.
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'12. 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
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Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
2 Local Facilities Management Plan fee for Zone 10, 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
3 approval will not be consistent with the General Plan and shall become void.
^ 13. 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
6 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
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14. 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
9 project's building, improvement, and grading plans.
10 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.
12 16. Prior to the issuance of grading permits, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to
13 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
14 Carlsbad has issued a Site Development Plan and Special Use Permit by Resolutions
.. No. 6277 and 6278 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
16 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
17 to the notice which modifies or terminates said notice upon a showing of good cause by
the Developer or successor in interest.I o
jg 17. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
20 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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22 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
23 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
24 satisfaction of the Planning Director.
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19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
26 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
27 approved plan.
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20. 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.
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21. Developer shall construct, install, and stripe not less than 39 parking spaces, as shown on
4 Exhibits "A" - «P".
22. Architectural features needed to achieve the interior noise standard of 45 dBA
6 CNEL shall be noted on the building plans. A statement certifying that the required
architectural features have been incorporated into the building plans, signed by a
7 qualified acoustical consultant, shall be located on the building plans. The architect
0 shall also include his registration stamp in addition to the required signature.o
9 Engineering
10 General
23. Prior to hauling dirt or construction materials to or from any proposed construction
12 site within this project, Developer shall apply for and obtain approval from, the City
Engineer for the proposed haul route.
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24. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
14 ^ recorded document, for maintaining the private easements within the project and all the
., private improvements (e.g. streets, storm drain facilities, etc.) located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
16 adjacent properties.
25. Developer shall install sight distance corridors at all street intersections and driveways in
17 accordance with City Engineering Standards.
18 Fees and Agreements
19 26. Developer shall cause property owner to execute and submit to the City Engineer for
20 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
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22 27. Developer shall cause property owner to execute, and submit to the City Engineer for
recordation, a City Standard deed restriction on the property which relates to the proposed
23 cross lot drainage as shown on the site plan. The deed restriction document shall:
24 a. Clearly delineate the Jimits of the drainage course;
b. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
26 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
27 damage to the underlying and adjacent properties or the creation of a public
nuisance.
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1 Grading
2
28. Based upon a review of the proposed grading and the grading quantities shown on the site
3 plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit.
4
- 29. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
6 recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
7 easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
9 conformance from both the City Engineer and Planning Director.
10 30. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
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31. 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)."
13 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
14 the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
17 a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies that
1 ° 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
20 extent practicable before discharging offsite;
d. Establish specific procedures for handling spills and routine cleanup. Special
21 considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on
the proper procedures for handling cleanup and disposal of pollutants.
e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
23 f. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent
24 practicable.
32. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Best Management Practice Maintenance
Agreement for the perpetual maintenance of all treatment control, applicable site design
27 and source control, post-construction permanent BMP's prior to the issuance of a grading
permit or building permit, whichever occurs first for this Project.
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Dedications and Improvements
33. Developer shall cause Owner to execute an easement for private drainage as shown on the
site plan. The recording information shall be called out on the grading plans. Developer
shall provide City Engineer with proof of recordation prior to issuance of building permit.
34. 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 improvement plan check and inspection fees.
35. Developer shall execute a City standard Development Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
the site plan. These improvements include, but are not limited to sewer, water, fire
hydrants and pedestrian ramps. Said improvements shall be installed to City Standards to
the satisfaction of the City Engineer. More specifically, these improvements include:
a. Improvements shown on the approved site plan.
b. Modified Type C curb ramp at the common access drive and El Camino Real
(with sidewalk adjacent to curb).
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.
<v
36. Developer shall preliminarily design, and obtain approval from the City Engineer, the
structural section for the access aisles with a traffic index of 5.0 in accordance with City
Standards due to truck access through the parking area and/or aisles with an ADT greater
than 500. Prior to completion of grading, the final structural pavement design of the aisle
ways shall be submitted together with required R-value soil test information subject to the
review and approval of the City Engineer.
Water
37.
38.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
The Developer shall design and construct public facilities within public right-of-way
or within minimum 20-foot wide easements granted to the District or the City of
Carlsbad. At the discretion of the District Engineer, wider easements may be
required for adequate maintenance, access and/or joint utility purposes.
39.Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
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1
2 40. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source for landscaping outside of the children's play area, and prepare and submit a
3 colored recycled water use map to the Planning Department for processing and approval
by the District Engineer.4
r 41. The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
6 reflected on public improvement plans.
42. The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
9
43. The Developer shall design and construct public water, sewer, and recycled water
10 facilities substantially as shown on the Site Plan to the satisfaction of the District
Engineer.
44. Developer shall evaluate in detail the entire potable water, recycled water, and sewer
system to ensure that adequate capacity, pressure, and flow demands can be met to the
13 satisfaction of the District Engineer.
14 Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
17 45. 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
18 impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
i o Carlsbad Municipal Code, respectively.
20 46. Developer shall pay a landscape plancheck and inspection fee as required by, Section
20.08.050 of the Carlsbad Municipal Code.
21
47. This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
23
48. Approval of this request shall not excuse compliance with all applicable sections of the
24 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
49. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
27
50. 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.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified 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 18th day of April 2007, by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Dominguez, Douglas, Segall
and Whitton
ABSENT: Commissioners Cardosa and Montgomery
ABSTAIN:
JULIE B
CARLSB
ATTEST:
hairperson
G COMMISSION
DONNEU
Planning Director
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