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HomeMy WebLinkAbout2007-06-20; Planning Commission; Resolution 63161 PLANNING COMMISSION RESOLUTION NO. 6316 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 06-05 TO ALLOW THE 4 DEVELOPMENT OF A 102,191 SQUARE FOOT HEALTH 5 CLUB ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF EL 6 CAMINO REAL AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: PACIFIC ATHLETIC CLUB CASE NO.: SDP 06-058 9 WHEREAS, Western Athletic Clubs, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by County of San Diego- Airports, "Owner," described as 12 That portion of Palomar Airport in Lot "G" of the Rancho 13 Hedionda, in the City of Carlsbad, in the County of San Diego, State of California, According to Partition Map thereof No. 14 832, filed in the Office of the County Recorder of said San Diego County and described in the title report 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development 18 Plan as shown on Exhibits "A" - "QQ" dated June 20, 2007, on file in the Planning 19 Department, PACIFIC ATHLETIC CLUB - SDP 06-05 as provided by Chapter 21.06/Section 20 21.53.120 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 20th day of June, 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 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Site Development Plan. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28 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 Planning 3 Commission APPROVES PACIFIC ATHLETIC CLUB - SDP 06-05 based on the following findings and subject to the following conditions: 4 - Findings: 6 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 Travel/Recreation Commercial (T-R) General Plan 9 Land Use category designates areas within the city for commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of 10 business and industrial centers. The proposed project site is centrally located within the city and is ideally situated to serve the health club needs of employees working 11 in the surrounding business parks and industrial centers, nearby residents, and 12 travelers lodging at the Olympic Hotel. The project's design is consistent with all development standards of the Zoning Code, the McClellan-Palomar Airport 13 Comprehensive Land Use Plan and the El Camino Real Corridor Standards. The street system serving the site has been designed as part of the project to handle all 14 traffic generated by the use. Traffic circulation will be improved by restricting an existing project driveway on El Camino Real to right-in/right-out traffic movements through the closure of an existing left turn lane from northbound El Camino Real 16 (ECR) into the project site; through the addition of dual left turn lanes from northbound ECR onto westbound Palomar Airport Road (PAR), the addition of a 17 right turn lane from eastbound PAR to southbound ECR, and the addition of a right turn lane into the project site from eastbound PAR. in 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the 15.94-acre project site is adequate in size to accommodate the remaining 20 uses of the existing Olympic Resort and the addition of a 102,191 square foot health club. The two-story structure is appropriately located in accordance with the 21 McClellan-Palomar Airport Comprehensive Land Use Plan (CLUP), and through ~~ the removal of the existing golf driving range and 5 tennis courts, the project will provide all necessary setback areas, landscaping, circulation, and parking that is 23 necessary to accommodate both the existing and proposed uses. 24 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 provided and maintained, in that the project has been designed in accordance with all 26 development standards of the C-T Zone and Scenic Preservation Overlay (S-P) Zone. All yards, setback, walls, fences, landscaping, and other features necessary to 27 adjust the requested use to the existing or permitted future uses in the area will be provided and maintained.28 PCRESONO. 6316 -2- 4. That the street systems serving the proposed use is adequate to properly handle all traffic 2 generated by the proposed use, in that the subject site will take access from El Camino Real (ECR) and Palomar Airport Road (PAR), which are both fully improved prime 3 arterials. The total project (Pacific Athletic Club and Olympic Resort) is expected to generate 4,100 Average Daily Trips (ADT), with 183 AM peak hour trips (110 inbound, 73 outbound) and 365 PM peak hour trips (217 inbound, 148 outbound). <- In order to accommodate the level of traffic generated, the project is providing an eastbound PAR to southbound ECR right turn only lane on PAR, an eastbound 6 PAR right turn lane into the project site on PAR, an additional northbound ECR to westbound PAR left turn lane on ECR at the intersection, and will restrict the 7 existing project driveway on ECR to right turns in and out through the closure of the existing ECR median opening, which currently allows northbound ECR left turns into the driveway. Through project design, the street system serving the 9 proposed use is adequate to properly handle all traffic that is expected to be generated by the project, and all intersections and roadway segments serving the 10 project will operate at acceptable levels of service. 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local ^2 Facilities Management Plan for Zone 5 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 13 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 14 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 16 a. The project has been conditioned to provide proof from the Carlsbad Unified 17 School District that the project has satisfied its obligation for school facilities. 1 8 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and in will be collected prior to issuance of building permit. 20 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. 21 6. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that the project site has been designed 23 such that all portions of the existing and proposed buildings are located entirely outside of the Flight Activity Zone (FAZ). While a portion of the parking lot is 24 located within the FAZ, it does not qualify as a Group-A occupancy and the project is therefore consistent with the CLUP. Furthermore, the Federal Aviation Administration (FAA) completed an aeronautical study under the provisions of the 26 Code of Federal Regulations, Part 77 in June of 2006. The aeronautical study found that the proposed project does not exceed obstruction standards, would not be a 27 hazard to air navigation, and no special lighting or markings on the building is necessary for aviation safety. The project is compatible with the projected noise levels 2° of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the proposed Pacific Athletic PCRESONO. 6316 -3- Club project site is located within the 65 to 70 dB(A) CNEL aircraft noise contour 2 level. A health club type use falls within Category No. 6 of the matrix and is allowed within this 65 to 70 db(A) CNEL noise contour provided that interior noise levels 3 are limited to a maximum 50 dB(A) CNEL. An acoustical analysis for the proposed project was prepared by Wieland Associates, Inc. (July 11, 2006) to determine compatibility with the noise level provisions of the CLUP. The report found that the r two primary noise sources in the vicinity of the site are from aircraft operations at McClellan-Palomar Airport and traffic on Palomar Airport Road and El Camino 6 Real. The design of the buildings would therefore need to provide an interior noise reduction of 15 to 20 dB in order to comply with the interior noise level of 50 dB(A) 7 CNEL. The report indicates that conventional commercial building construction, such as that being used at the project site, will provide at least 20 to 25 dB of interior noise reduction with windows and doors closed. As the interior noise 9 standard is to be met with all windows and doors closed, mechanical ventilation would be necessary in order to provide a habitable environment, and that this can 10 be achieved through air conditioning or a fresh air supply system. The proposed building will be air conditioned, and therefore is consistent with the Noise/Land Use Compatibility Matrix of the CLUP. 12 7. The Planning Commission of the City of Carlsbad does hereby find: 13 a. it has reviewed, analyzed, and considered Negative Declaration for the Pacific 14 Athletic Club SDP 06-05, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and 16 b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the 17 Environmental Protection Procedures of the City of Carlsbad; and 18 c. it reflects the independent judgment of the Planning Commission of the City of 19 Carlsbad; and 20 d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 21 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 22 Code Section 14.28.020 and Landscape Manual Section I B). 23 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 24 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. 26 27 28 PCRESONO. 6316 -4- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 building permit or grading permit, whichever shall occur 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 Site Development Plan. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 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 j2 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 16 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 Site Development Plan, (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 Grading and Site Plans reflecting the conditions approved by the final decision-making body. PCRESONO. 6316 -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 as part of the Zone 5 Local Facilities Management Plan and any amendments made to that c Plan prior to the issuance of building permits, including, but not limited to the following: 6 a. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 5. 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 10 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. 10. This approval is granted subject to the approval of SUP 06-03 and is subject to all ,T conditions contained in Planning Commission Resolution No. 6317 for those other approvals incorporated herein by reference. 14 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 17 Local Facilities Management Plan fee for Zone 5, 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 18 approval will not be consistent with the General Plan and shall become void. 12. This approval shall become null and void if building permits are not issued for this 2Q project within 18 months from the date of project approval. Approval for Phase Two improvements shall become null and void if building permits are not issued for 21 Phase Two within 10 years from the completion of Phase One. Subsequent development of Phase Two, after permit expiration, shall require a Site Development Plan Amendment. 23 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and 24 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 25 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.26 27 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 28 project's building, improvement, and grading plans. PCRESONO. 6316 -6- 15. Landscape plantings in the bio-swale shall be provided at a size and spacing to 2 provide coverage of the bottom of the swale at the time of occupancy. 3 16. Container plantings (pots) shall be irrigated with a centrally controlled automatic irrigation system and shown on the Final Landscape and Irrigation Plans. 4 c 17. AH retaining walls located within a planter area shall be softened by wall climbing vines. Retaining walls, vines, vine attachments and irrigation shall be shown on the 6 Final Landscape and Irrigation Plans. 7 18. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. o 9 19. Prior to the issuance of a grading permit, 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 10 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 1 Carlsbad has issued a Site Development Plan and Special Use Permit by Resolutions j2 No. 6316 and 6317 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of 13 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 14 to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 1 «J 16 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 17 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning.18 i o 21. 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 20 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 21 satisfaction of the Planning Director. 22 22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 23 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 24 approved plan. 25 23. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 26 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 27 24. Developer shall construct, install, and stripe not less than 705 parking spaces, as shown 28 on Exhibits "A" - "QQ". PCRESONO. 6316 -7- Engineering 2 Note: Unless specifically stated in the condition, all of the following conditions, upon the 3 approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 4 General 25. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer 7 for the proposed haul route. 8 26. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. , ~ Fees/Agreements 11 27. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 12 28. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 15 29. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for the annexation of the area 16 shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 19 Grading 70 30. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 22 31. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 23 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed 25 by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 26 32. 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 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 PCRESONO. 6316 -8- easement, or agreement, no grading permit will be issued. In that case Developer must 2 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 3 conformance from both the City Engineer and Planning Director. 33. 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. 6 34. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm water 7 Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level 9 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 10 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. 13 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 14 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective 17 containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 20 35. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan 21 (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce 23 to the maximum extent practicable storm water pollutant runoff during construction of the project. 24 36. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of 27 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: PCRESONO. 6316 -9- 1 2 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 3 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; d. Establish specific procedures for handling spills and routine cleanup. Special 6 considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. 7 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. 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 9 practicable. 10 37. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 1 r, treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, 13 • whichever occurs first for this Project. 14 Dedications/Improvements 38. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for the water, sewer and storm drain facilities shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be free 17 and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. , g 39. 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 20 with any grading or building permit. 21 40. 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 23 systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. 24 41. Developer shall execute a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on 2/r the site plan. These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, 27 undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage structures, best management practices for stormwater 28 treatment, retaining walls and reclaimed water. Said improvements shall be installed to PCRESONO. 6316 -10- City Standards to the satisfaction of the City Engineer. More specifically, these 2 improvements include: 3 a) El Camino Real b) Palomar Airport Road c) Public storm drain system c d) Public water improvements 6 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 7 said agreement. 42. Additional right-of-way shall be dedicated by Owner along the project frontage on 9 Palomar Airport Road for new right turn lanes to El Camino Real and to the project entrance as shown in the site plan and in conformance with City of Carlsbad 10 Standards. 43. Prior to issuance of building permits, Developer shall underground all existing overhead , - utilities along the project boundary. 13 44. Prior to issuance of building permits, Developer shall install or secure with appropriate security as provided by law street lights along all public and private street frontages 14 abutting and/or within the project site in conformance with City of Carlsbad Standards. 45. Prior to issuance of building permits Developer shall install or secure with appropriate security as provided by law sidewalks along all public streets abutting the project site in conformance with City of Carlsbad Standards. 17 46. Prior to issuance of building permits Developer shall install or secure with appropriate security as provided by law pedestrian ramps at the public street corners abutting the , q project site in conformance with City of Carlsbad Standards 47. Developer shall preliminarily design, and obtain approval from the City Engineer, the 20 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 21 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. 23 48. Developer shall incorporate into the grading/improvement plans the design for the project 24 drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to ^ prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, 27 to the satisfaction of the City Engineer. 28 PCRESONO. 6316 -11- 1 Utilities 2 49. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 3 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 5 satisfaction of the District Engineer. 6 50. 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 g maintenance, access and/or joint utility purposes. 9 51. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 10 52. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning 12 Department for processing and approval by the District Engineer. 13 53. The Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 54. The Developer shall install sewer laterals and clean-outs at locations approved by the 16 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 17 55. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District 19 Engineer. 20. 56. 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 22 satisfaction of the District Engineer. 23 57. The Developer shall meet with and obtain approval from the Buena Sanitation District regarding the realignment of the sewer line through the project site. 24 ,,<- 58. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, 26 velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall 27 be prepared to the satisfaction of the District Engineer. 28 59. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). PCRESONO. 6316 -12- The study shall identify velocity in the main lines, pressure zones, and the required pipe 2 sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 3 60. The Developer shall submit a detailed recycled water study, prepared by a Registered Engineer that identifies the peak demands of the project. The study shall <- identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study 6 shall be prepared to the satisfaction of the District Engineer. 7 Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to 9 the following: 10 61. Some improvements required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately j2 initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City 13 Engineer its 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 14 by condemnation. 62. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 15 the site plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal 17 Code, respectively. 18 63. Developer shall pay a landscape plancheck and inspection fee as required by Section j 9 20.08.050 of the Carlsbad Municipal Code. 20 64. 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 permit issuance, except as otherwise specifically provided herein. 22 65. The project shall comply with the latest nonresidential disabled access requirements 23 pursuant to Title 24 of the State Building Code. 24 66. 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 Director prior to installation of such signs. 26 27 28 PCRESONO. 6316 -13- 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 "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. 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 Commission of the City of Carlsbad, California, held on the 20th day of June, 2007, by the 15 following vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton NOES: 9 ABSENT: 20 ABSTAIN:21 22 23 n | L, Chairperson 24 C^RLSBKD PLANNING COMMISSION 25 26 ATTEST: 27 28 DON NEU Planning Director PCRESON0.6316 -14-