HomeMy WebLinkAbout2007-06-20; Planning Commission; Resolution 6311PLANNING COMMISSION RESOLUTION NO. 6311
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 06-24 TO SUBDIVIDE 14.15 ACRES
3 OF LAND INTO 8 COMMERCIAL LOTS AND THE
DEVELOPMENT OF 122,800 SQUARE FEET OF
4 COMMERCIAL RETAIL SPACE IN 12 BUILDINGS WHICH
, INCLUDE A 43,830 SQUARE FOOT MAJOR GROCERY
STORE AND A 12,000 SQUARE FOOT SPECIALTY FOOD
6 STORE ON PROPERTY GENERALLY LOCATED SOUTH OF
GATEWAY ROAD, WEST OF EL FUERTE, NORTH OF
7 BRESSI RANCH WAY, AND NORTH OF PARADISE ROAD
IN PLANNING AREA 15 OF THE BRESSI RANCH MASTER
8 PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE
9 17.
CASE NAME: BRESSI RANCH VILLAGE CENTER
10 CASE NO.: CT 06-24
1! WHEREAS, LNR Bressi Commercial, Inc., "Developer/Owner," has filed a
12 verified application with the City of Carlsbad regarding property described as
13
Lot 5 of Carlsbad Tract 03-03, in the City of Carlsbad, County
14 of San Diego, State of California according to map thereof No.
14800 on file in the Office of the County Recorder of San Diego
County, May 21, 2004 as amended by certificate of correction
16 recorded September 30, 2005 as file No. 2005-0850805 of
official records
17
("the Property"); and
1 o
jo WHEREAS, said verified application constitutes a request for a Tentative Tract
20 Map as shown on Exhibits "A" - "Y" and "Al" - "A21" (+ materials book) dated June 20,
21 2007, on file in the Planning Department BRESSI RANCH VILLAGE CENTER - CT 06-24,
22 as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
23
WHEREAS, the Planning Commission did, on the 20th day of June, 2007, hold a
24
duly noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
2° relating to the Tentative Tract Map.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
f. B) That based on the evidence presented at the public hearing, the Commission
APPROVES BRESSI RANCH VILLAGE CENTER - CT 06-24, based on the
6 following findings and subject to the following conditions:
Findings:
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
10 Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Titles 20 and 21 governing lot
sizes and configuration and have been designed to comply with all other applicable
regulations.
,-, 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High Density (RH), Community
14 Facilities (CF), and Local Commercial (L) on the General Plan, in that the mixed land
use designation on the General Plan is intended to create a mixed use environment
where retail is located near employment centers as well as residential neighborhoods
and the property to the north is developed as industrial, property to the south is
developed as single family detached residential, property to the west is the Bressi
17 Ranch Village Square, and property to the east is undeveloped Open Space.
18 3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed development while
complying with all setback, lot coverage, and height development standards and
public facilities requirements specified in the Bressi Ranch Master Plan and C.M.C.
21 Title 21.
22 4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
23 public at large, for access through or use of property within the proposed subdivision, in
that concurrent with recordation of the final map, the developer will vacate and
adjust any easements that conflict with proposed development.
25 5. That the property is not subject to a contract entered into pursuant to the Land
26 . Conservation Act of 1965 (Williamson Act).
27 6. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site has been previously graded and is devoid of all vegetation, and
PCRESONO. 6311 -2-
the project will implement the required mitigation measures applicable to this site
2 and contained in the Bressi Ranch Master Plan EIR certified on July 9, 2002.
3 7. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
4 been designed in accordance with Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
8. The Planning Commission finds that the project, as conditioned herein, is in
conforaiance with the Elements of the City's General Plan, and Bressi Ranch Master
Plan as amended based on the facts set forth in the staff report dated June 20, 2007
Q including, but not limited to the following: the project will provide Local Commercial
(L) neighborhood-serving retail services to the Bressi Ranch community as well as
10 other local neighborhoods; up to 130,000 square feet of commercial and community
facilities were anticipated to be developed in mixed use Planning Area 15 of the
1 1 Bressi Ranch Master Plan; and the development will contribute to the success of a
mixed use community, consistent with the General Plan and the Bressi Ranch
12 Master Plan.
9. The project is consistent with the Citywide Facilities and Improvements Plan, the
14 General Plan and Bressi Ranch Master Plan, the Local Facilities Management Plan for
Zone 17 and all City public facility policies and ordinances. The project includes
15 elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
1 7 administrative facilities; and open space, related to the project will be installed to serve
new development prior to or concurrent with need. Specifically,
18
The project has been conditioned to provide proof from the Carlsbad Unified
19 School District that the project has satisfied its obligation for school facilities.
20 Park-in-lieu fees are required by the Zone 17 Local Facilities Management Plan,
and will be collected prior to issuance of building permit.
22 c The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.23
10. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
25 requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21 .90 of the Carlsbad Municipal Code. This will ensure continued availability of
26 public facilities and will mitigate any cumulative impacts created by the project.
11. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 17.
PCRESONO. 6311 -3-
12. That all necessary public facilities required by the Growth Management Ordinance will
2 be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
3 improvements necessary to maintain compliance with the Growth Management
performance standards are contained within the Zone 17 LFMP and the project will
comply with the general and special conditions of the zone, and that there have been
,- several developments approved in the Bressi Ranch Master Plan that have provided
the necessary infrastructure to serve the entire Bressi Ranch Master Plan
6 community.
7 13. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that a notice concerning aircraft noise
° has been recorded over the property since the project is within the Noise Impact
o Notification Area. 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
10 land use is compatible with the airport, in that no areas of the project are within the 60
CNEL or greater noise contours for the airport.
11
14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
12 Code Section 14.28.020 and Landscape Manual Section IB).
13 15. The Planning Director has determined that:
14
a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178), a
15 project 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
16 program approved earlier, and that the program EIR adequately describes the
j j activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or
b. this project is consistent with the Master Plan cited above; and18
c. the Bressi Ranch Master Plan EIR 98-04 was certified on July 9, 2002 in
19 connection with the prior project or plan; and
20 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
21 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
22 under CEQA Guidelines Sections 15162 or 15163 exist; and
2^ f. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are
24 appropriate to this Subsequent Project, have been completed, incorporated into
the project design or are required as conditions of approval for this Subsequent
25 Project.
26
16. The Planning Commission has reviewed each of the exactions imposed on the Developer
27 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
2° degree of the exaction is in rough proportionality to the impact caused by the project.
PCRESONO. 6311 -4-
Conditions:
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 grading permit or building permit, whichever occurs first.
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 Tentative Tract Map.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Bressi Ranch Village Center Tentative Tract Map
documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
approved Exhibits. Any proposed development, different from this approval, shall
13 require an amendment to this approval.
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.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project is
17 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
20 5. Developer/Owner(s) shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
21 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
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
23 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
24 (c) Developer/Owner(s)'s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
26 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
27
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
PCRESONO. 6311 -5-
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
4 as part of the Zone 17 Local Facilities Management Plan and any amendments made to
<- 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
7 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
9 shall be placed on the Final Map.
10 10. This approval is granted subject to the approval of Minor Master Plan Amendment MP
178(E), and Site Development Plan SDP 06-17 and is subject to all conditions
contained in Planning Commission Resolutions No. 6310 and 6313 for those other
^2 approvals incorporated herein by reference.
13 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
14 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
16 shall be placed on the Final Map for CT 06-24.
17 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
19 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
20
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
21 landscape plancheck process on file in the Planning Department and accompanied by the
22 project's building, improvement, and grading plans.
23 14. Developer/Owner(s) shall establish covenants, conditions and restrictions (CC&Rs) for
the development which shall bind all owners and tenants in any association
24 subsequently formed. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval. Prior to issuance of a building permit, the
Developer shall provide the Planning Department with a recorded copy of the official
26 CC&Rs that have been approved by the Planning Director. At a minimum, the CC&Rs
shall contain the following provisions:
27
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
PCRESONO. 6311 -6-
1
2 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
3 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
4
c c. Failure of Owner(s) to Maintain Common Area Lots and Easements. In the event
that the Owner(s) or their agent fail to maintain the "Common Area Lots and/or the
6 Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
7 the City elects to perform such maintenance, the City shall give written notice to the
Owner(s), setting forth with particularity the maintenance which the City finds to be
required and requesting the same be carried out by the Owner(s) within a period of
9 thirty (30) days from the giving of such notice. Should the subject maintenance
require more than 30 days to complete, if the maintenance is commenced within
10 30 days and diligently pursued, the time for completion may be extended for a
reasonable period not to exceed ninety (90) days. In the event that the Owner(s)
fail to carry out such maintenance of the Common Area Lots and/or Association's
j2 Easements within the period specified by the City's notice, the City shall be entitled
to cause such work to be completed and shall be entitled to reimbursement with
13 respect thereto from the Owners as provided herein.
*4 d. Special Assessments Levied by the City. In the event the City has performed the
1, necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Owner(s) for all costs incurred by the
16 City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the
17 Project, together with a statement that if the Owner(s) fails to pay such invoice in full
within the time specified, the City will pursue collection against the Owners in the
Project pursuant to the provisions of this Section. Said invoice shall be due and
19 payable by the Owner(s) within twenty (20) days of receipt by the Owner(s). If the
Owner(s) shall fail to pay such invoice in full within the period specified, payment
20 shall be deemed delinquent and shall be subject to a late charge in an amount equal to
six percent (6%) of the amount of the invoice. Thereafter the City may pursue
collection from the Owner(s) by means of any remedies available at law or in equity.
22 Without limiting the generality of the foregoing, in addition to all other rights and
remedies available to the City, the City may levy a special assessment against the
23 Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the
late charge. Such special assessment shall constitute a charge on the land and shall be
24 a continuing lien upon each Lot against which the special assessment is levied. Each
j- Owner in the Project and their heirs, successors and assigns hereby vests the City
with the right and power to levy such special assessment, to impose a lien upon their
26 respective Lot and to bring all legal actions and/or to pursue lien foreclosure
procedures against any Owner and his/her respective Lot for purposes of collecting
27 such special assessment in accordance with the procedures set forth in Article
of this Declaration.28
PCRESONO. 6311 -7-
e. Landscape Maintenance Responsibilities. The OAs and individual lot or unit owner
2 landscape maintenance responsibilities shall be as set forth in Exhibit
3 15. 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
r 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
6
16. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
7 including surface parking areas, pathway lighting, security lighting, and decorative
lighting. AH lighting shall be "night sky" compliant and designed to reflect downward
and avoid any impacts on adjacent homes or property.
9
17. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
10 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
12 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
13 approval will not be consistent with the General Plan and shall become void.
14 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
17 19. Prior to the recordation of the final map, 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
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 Tract Map by Resolution No. 6311 on the property. Said Notice
20 of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
~~ authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
23
20. Retaining walls shall be finished in material and color consistent with the project
24 architecture and landscape features.
25 21. Developer shall construct trash receptacle areas enclosed by a six-foot-high masonry wall
26 with gates pursuant to City Engineering Standards. Location of said receptacles shall be
approved by the Planning Director. Enclosure shall be of similar colors and/or materials
27 to the project to the satisfaction of the Planning Director.
2° 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
PCRESONO. 6311 -8-
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
2 approved plan.
3 23. Developer shall construct, install, and stripe not less than 614 parking spaces, as shown
on Exhibit "A2."
4 Engineering
24. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
6 recorded document, for maintaining the private easements within the subdivision and all
the private improvements: driveways, sidewalks, street lights, landscaping and irrigation,
7 storm drain and water quality treatment facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.
9
25. Developer shall install sight distance corridors at all street and driveway intersections in
10 accordance with Engineering Standards and shall record the following statement on the
Final Map (and in the CC&Rs).
12 "No structure, fence, wall, tree, shrub, sign, or other object shall be
placed or permitted on the subject property within the Caltrans
13 corner sight distance corridors. No obstructions shall impede nor
conflict with the line-of-sight which is established per City Standard
14 Public Street-Design Criteria, Section 8.B.1 The sight line is depicted
. on the tentative map and also applies to driveways. The underlying
property owner shall maintain this condition."
16
26. The limits of these sight distance corridors shall be reflected on all improvement, grading,
17 or landscape plans prepared in association with this development.
18 Fees/Agreements
19 27. 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.
21
22 28. Developer shall cause property owner to execute, and submit to the City Engineer for
recordation, a City Standard deed restriction or CC&Rs on the property which relates to
23 the proposed cross lot drainage as shown on the tentative map. The deed restriction
document shall:
24 a. Clearly delineate the limits of the drainage course;
b. State that the drainage course is to be maintained in perpetuity by the underlying
property owner;
25 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.
28
PCRESONO. 6311 -9-
29. Developer shall cause property owner to process, execute and submit an executed copy to
2 the City Engineer for recordation a City standard Best Management Practice Maintenance
Agreement for the perpetual maintenance of all treatment control, applicable site design
3 and source control, post-construction permanent BMP's prior to the issuance of a grading
permit or building permit, or the recordation of a final map, whichever occurs first for
^ this Project.
<- 30. Developer shall cause property owner to apply for and obtain reapportionment of
the assessments imposed on the subject project in accordance with law governing
6 the associated Assessment District (Poinsettia Lane), or the assessments must be
paid in full. Developer shall pay all associated costs of said reapportionment. The
7 application shall be submitted to the Deputy City Engineer, Planning and Programs,
with the application for the final map.8
9 Grading
10 31. 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
11 of work has been submitted to the State Water Resources Control Board.
12 32. Based upon a review of the proposed grading and the grading quantities shown on the
13 Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
14
Dedications/Improvements
16 33. Prior to the approval of Final Map or Grading Permit, whichever occurs first, the
developer shall apply for and receive approval of a summary street vacation for a
17 portion of Town Garden Road, as identified in the applicable Government Code.
Recording information regarding the approval of Vacated Street shall be placed on
18 the Final Map for the proposed subdivision.
19 34. 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
Tentative Map. The offer shall be made by a certificate on the final map and/or by
21 separate document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
22 rededicated.
23 35. Developer shall cause Owner to waive direct access rights to Gateway Road, El Fuerte
24 Street, Bressi Ranch Way, Paradise Road, and Finnila Place on the final map except as
shown on the tentative map.
25
36. 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
27 with any grading or building permit.
28 37. Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
PCRESONO. 6311 -10-
shown on the Tentative Map and the following improvements including, but not limited
2 to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire
3 hydrants, street lights, water quality treatment facilities and reclaimed water, to City
Standards to the satisfaction of the City Engineer. The improvements are:4
<- a. Removal and reconstruction of public and private improvements to Town
Garden Road and Finnila Place as required by the City Engineer.
6 b. Onsite improvements including but not limited to sewer, water, recycled
water, storm drain, water quality treatment facilities, and access as shown on
7 the Tentative Map.
c. Water Quality treatment systems shall be designed to the satisfaction of the
City Engineer. Additional Structural BMP devices may be required to
9 comply with the current City of Carlsbad Standard Urban Storm Water
Mitigation Plan (SUSMP).
10 d. Removal of existing water services and appurtenances in adjacent streets not
utilized by this development.
, ~ A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
13 shall be constructed within 18 months of approval of the subdivision improvement
agreement or such other time as provided in said agreement.
14
38. Developer shall execute a Traffic Signal Development Improvement Agreement to design
and install and post appropriate security as provided by law, a traffic signal constructed to
the satisfaction of the City Engineer. The improvements consist of:
17 a. Design and construct a new fully actuated traffic signal including all
appurtenances and traffic signal interconnect conduit and cable, at the intersection
of Finnila Place and Gateway Road at the entryway of the project. Developer
acknowledges the necessity of this signal is to serve only this project and
Developer will bear all costs associated with the design and construction of this
20 signal, if warrants are met. The signal shall be interconnected with adjacent
signals to facilitate signal coordination.
21
Developer shall post security for the design and construction of said improvements. The
traffic signal shall be installed only when written approval is received by the City
23 Engineer. The Agreement shall be kept in force and security kept valid for a period of 5-
years after the last building permit has been issued within this Development.
24
39. Developer shall 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
27 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.
PCRESONO. 6311 -11-
40. Prior to the issuance of grading permit or building permit, whichever occurs first,
2 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)". The SWPPP shall be in compliance with current requirements and provisions
3 established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
- the project. At a minimum, the SWPPP shall:
6 a. Include all content as established by the California Regional Water Quality
Control Board requirements;
7 b. Include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board;
Recommend source control and treatment control Best Management Practices
9 (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
10 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.
13 41. 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)".
14 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
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
17 project. At a minimum, the SWMP shall:
a. Identify existing and post-development on-site pollutants-of-concern;Identify the
hydrologic unit this project contributes to and impaired water bodies that could be
impacted by this project;Recommend source controls and treatment controls that
20 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
21 right-of-way;
22 b. Establish specific procedures for handling spills and routine clean up. Special
23 considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants; ensure long-term
24 maintenance of all post construct BMPs in perpetuity; and identify how post-
development runoff rates and velocities from the site will not exceed the pre-
development runoff rates and velocities to the maximum extent practicable.
26 Final Map Notes
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42. Note(s) to the following effect shall be placed on the map as non-mapping data:
28 a. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
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b. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
2 the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
3
43. All improvements are privately owned and are to be privately maintained with the
^ exception of the following:
r a. Water Mains and appurtenances specifically shown as public water mains, fire
hydrants and related appurtenances on improvement plans for this project.
6 b. Sewer Main in Finnila Place as shown on the tentative map.
7 44. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
9 or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the City approved development plans; or by the
10 design, construction or maintenance of the drainage system or other improvements
identified in the City approved development plans.
12 45. The subject property is within the boundaries of Community Facilities District No. 1.
The owner of this property has previously executed a Special Assessment District
13 Disclosure Agreement with the City. Said Agreement contains provisions requiring the
current owner and any subsequent owner(s) to provide notice to potential buyers of the
14 amount of the assessment and other provisions and requires owner to have each buyer
receive, execute and deposit into escrow a Notice of Special Assessment and Prepayment
Option Agreement. In the event that owner does not have the buyer execute the Notice of
16 Special Assessment and Prepayment Option Agreement prior to close of escrow, the
assessment on the subject property must be paid off in full by owner.
17
Water
I Q 46. 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,
20 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
21 satisfaction of the District Engineer. The Developer shall design and construct public
facilities within public right-of-way or within minimum 20-30 foot wide easements
granted to the District or the City of Carlsbad. At the discretion of the District Engineer,
23 wider easements may be required for adequate maintenance, access and/or joint utility
purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and
24 charges for connection to public facilities. Developer shall pay the San Diego County
Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer
shall design landscape and irrigation plans utilizing recycled water as a source. Said
26 plans shall be submitted to the satisfaction of the District Engineer.
27 47. 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
28 reflected on public improvement plans.
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48. The Developer shall install sewer laterals and clean-outs at a location approved by the
2 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
3
49. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
r Engineer. Proposed public facilities shall be reflected on public improvement plans.
6 50. 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
7 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.
8
9 51. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
10 adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
11
12
13 52. Trees canopies that encroach into fire department and truck access shall have a lower
branch height of no less than 13 feet and 6 inches.
14
53. Concrete pads underneath and around fire hydrants and backflow devices shall be
provided in accordance with Carlsbad Fire department and Carlsbad Municipal Water
District requirements.
17 54. Trees shall be located so as not to interfere with backflow devices and fire hydrants.
Code Reminders
19 The project is subject to all applicable provisions of local ordinances, including but not limited to
20 the following:
21 55. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
23 56. Developer shall exercise special care during the construction phase of this project to
prevent offsite dust and siltation. Planting, erosion and dust control shall be provided in
24 accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the
satisfaction of the City Engineer.
57. 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
27 permit issuance, except as otherwise specifically provided herein.
28 58. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
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59. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
2 Code Section 18.04.320.
3 60. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and Bressi Ranch Master Plan and shall require review
4 and approval of the Planning Director prior to installation of such signs.
5
6 NOTICE
7 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
g reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
9
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
12 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
13
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,
15 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
16 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of June, 2007, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
vBSTAIN:
Chairperson Baker, Commissioners Boddy, Dominguez, Douglas,
and Montgomery
Commissioners Cardosa and Whitton
JULIE BAKER, Chairperson
CARLSBAD PLANNING COMMISSION
TEST:
DON NEU
Planning Director
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