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HomeMy WebLinkAbout2008-02-06; Planning Commission; Resolution 6372PLANNING COMMISSION RESOLUTION NO. 6372 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO DEVELOP AN 18,578 SQUARE 3 FOOT OFFICE BUILDING AND TO SUBDIVIDE THE BUILDING INTO 30 AIRSPACE OFFICE CONDOMINIUM 4 UNITS ON A 1.48-ACRE PARCEL GENERALLY LOCATED 5 AT THE SOUTH-EAST CORNER OF EL CAMINO REAL AND COUGAR DRIVE IN LOCAL FACILITIES MANAGEMENT 6 ZONE 5. CASE NAME: EL CAMINO TERRACE 7 CASE NO.: CT06-17 g WHEREAS, Tycoon Development Corporation, "Developer/Owner," has filed 9 a verified application with the City of Carlsbad regarding property described as 10 Parcel 3 of Parcel Map No. 18059, in the City of Carlsbad, County of San Diego, State of California, according to map 12 thereof filed in the San Diego County Recorder's Office on July 2,1998 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Tentative Tract 16 Map as shown on Exhibits "A" - "O" dated February 6, 2008, on file in the Planning 17 Department EL CAMINO TERRACE - CT 06-17, as provided by Chapter 20.12 of the 18 Carlsbad Municipal Code; and 19 WHEREAS, the Planning Commission did, on February 6, 2008, hold a duly 20 noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Tentative Tract Map; and 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES EL CAMINO TERRACE - CT 06-17, based on the following findings and subject to the following conditions: 3 Findings;4 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 5 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the 7 proposed subdivision is designed to comply with the minimum requirements of the General Plan, Title 20 and Title 21.8 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Planned Industrial, Open Space, Residential 10 - High Density, Commercial, and Office and Related Commercial development on the General Plan, in that surrounding properties to the south, east, and west are 11 designated for and developed with Planned Industrial and Open Space land uses, and the Residential - High Density, Commercial, and Office and Related Commercial properties to the north are sufficiently separated and buffered from the 13 project by distance, landscaping and Cougar Drive. 14 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 office/industrial development at the 15 type proposed, in that the project complies with all development standards and public facilities requirements without the need for variances from the development standards. 4. That the design of the subdivision or the type of improvements will not conflict with 18 easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 19 that concurrent with the recordation of the final map the developer will vacate and adjust any easements that conflict with the proposed development. ,-, 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or 23 natural heating or cooling opportunities in the subdivision, in that the structures are oriented in a manner that takes advantage of prevailing breezes. 24 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 25 against the public service needs of the City and available fiscal and environmental resources. 27 8. That the design of the subdivision and improvements are not likely to cause substantial 28 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the development is considered infill, is located on a previously graded PC RESO NO. 6372 -2- lot and no natural resources exist on the site. Additionally, the project area is not 2 within a preserve area of the adopted Carlsbad Habitat Management Plan. 3 9. 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 is 4 designed in accordance with the 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 5 System (NPDES) requirements. 7 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in 8 the staff report dated February 6,2008 including, but not limited to the following: a. Land Use - The proposed office/industrial uses are consistent with the in Planned Industrial (PI) General Plan Land Use and Industrial (M) and Qualified Development Overlay (Q) Zoning designations for the site. 11 b. Circulation - AH roadways and improvements necessary to serve the 12 development exist, and no additional improvements are required. 13 c. Noise - The project is not significantly impacted by noise; however it is conditioned to comply with the General Office Interior Noise Standard of 55 dBA CNEL in accordance with City's Noise Guidelines Manual. 15 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 16 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 provide funding to ensure that all facilities and improvements regarding sewer collection 10 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government .administrative facilities; and open space, related to the 19 project will be installed to serve new development prior to or concurrent with need. 20 a. The project has been conditioned to provide proof from the Carlsbad Unified 71 School District that the project has satisfied its obligation for school facilities. 22 b. 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 c. Developer shall pay non-residential park-in-lieu fee to the City, prior to the approval of a building permit or the final map to be used for park facilities within 25 Zone 5. 26 12. 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 27 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 public facilities and will mitigate any cumulative impacts created by the project. PC RESO NO. 6372 -3- 13. This project has been conditioned to comply with any requirement approved as part of the 2 Local Facilities Management Plan for Zone 5. 3 14. The project is consistent with the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport, dated October 2004, in that the project is located within 4 the Airport Influence Area and Flight Activity Zone and office/industrial development is considered to be a low-intensity use which does not involve assemblages of large groups of people. The project is compatible with the projected 5 noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the project site is 7 located outside of the 60 CNEL noise level contour lines, and the outdoor community noise equivalent level (CNEL) is sufficiently attenuated by conventional construction so that the indoor noise level is acceptable, and both indoor and outdoor activities associated with the land use may be carried out with essentially no interference from aircraft noise. 10 15. That the Planning Director has determined that the project belongs to a class of projects 11 that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 of the state CEQA Guidelines, in that (1) the project is consistent with the General Plan designation and policies; (2) the project site is less than five acres in size and is surrounded by urban 14 development; (3) the site has no biological value for endangered, rare or threatened species; (4) the project would not result in any significant impacts relating to traffic, noise, air quality, or water quality; and, (5) the site is adequately served by required utilities. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this 17 project. 18 16. That all necessary public facilities required by the Growth Management Ordinance will 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 all public 2Q roads, water and sewer systems have been constructed or will be constructed concurrently with development of the site. 21 17. The Planning Commission has reviewed each of the exactions imposed on the Developer 22 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. 24 Conditions: 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 26 the final map. 97z' 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to PC RESO NO. 6372 -4- 3 17 18 19 20 21 23 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 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 or a successor in interest by the City's approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the 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 require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 5 6 7 8 9 regulations in effect at the time of building permit issuance. 10 4. If any condition for construction of any public improvements or facilities, or the payment 12 13 „ all requirements of law. 14 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 16 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, (b) City's approval or issuance of any permit or action, whether discretionary or, nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator'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 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 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 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 22 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Tract Map, Grading Plan, Site Plan and Landscape Plan reflecting the conditions approved by the final decision-making body. 24 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 26 obligation to provide school facilities. 27 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 Plan; specifically, the developer shall pay a growth management park fee of 40 cents PC RESO NO. 6372 -5- per square foot of non-residential development to the City prior to the issuance of 2 building permits, as required by the Zone 5 Local Facilities Management Plan. 3 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that ^ adequate water service and sewer facilities, respectively, are available to the project at the <- time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 6 shall be placed on the Final Map. 7 10. This approval is granted subject to the approval of PUD 06-15, SDP 06-07 and SUP 06- R 04 and is subject to all conditions contained in Planning Commission Resolutions No. 6373,6374, and 6375 for those other approvals incorporated herein by reference. 9 11. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of 10 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 12 Carlsbad has issued a Tentative Tract Map, Non-Residential Planned Development Permit, Site Development Plan, and Special Use Permit by Resolutions No. 6372, 13 6373, 6374, and 6375 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of 14 approval as well as any conditions or restrictions specified for inclusion in the Notice of I e 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 16 the Developer or successor in interest. 17 12. Approval is granted for EL CAMINO TERRACE - CT 06-17 as shown on Exhibits "A" - "O" dated February 6,2008, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise 19 noted in these conditions. 20 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 1 the City's Landscape Manual. Developer shall construct and install all landscaping as 22 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 23 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 24 landscape plancheck process on file in the Planning Department and accompanied by the _ _ project's building, improvement, and grading plans. ^"•S . 26 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). A draft copy of said CC&Rs shall be submitted to 27 and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscape areas, drainage facilities, employee eating areas, the trash enclosure, paved access and parking areas. The approved CC&Rs shall be recorded concurrently with the final map. Prior to PC RESO NO. 6372 -6- issuance of a building permit, the Developer shall provide the Planning Department with 2 a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the 3 following provisions: a. General Enforcement by the City. The City shall have the right, but not the c obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 6 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 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 9 c. Failure of Association to Maintain Common Area Lots and Easements. In the 10 event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary 12 maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, 13 setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty 14 (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be 16 entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 17 d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and 20 or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association 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 payable by the Association within twenty (20) days of 23 receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be 24 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 Association by ^ means of any remedies available at law or in equity. 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 Owners of each Lot in 27 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 a continuing 2° lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special PC RESO NO. 6372 -7- assessment, to impose a lien upon their respective Lot and to bring all legal 2 actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in 3 accordance with the procedures set forth in Article of this Declaration. e. The location and size of all employee eating areas, parking areas, and r landscape areas associated with the project as shown on Exhibits "B" and "N" shall not be altered, reduced, fenced or divided to preclude the equal use 6 by all owners/employees of the site. 7 f. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and sound buffered from adjacent properties and streets consistent with Building Department Policy No. 80-6, 9 and to the satisfaction of the Directors of Community Development and Planning. 10 g. Parking lot and building lighting shall be shielded so as to prevent light 1 * spillage off of the site onto the adjacent residential care facility. 12 16. Prior to issuance of building permits, the Developer shall submit to the Planning Director 13 a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. 14 17. 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 16 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 1 ° approval will not be consistent with the General Plan and shall become void. 19 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and 20 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 21 Directors of Community Development and Planning. 22 19. Prior to the recordation of the final tract map, the Developer shall prepare and record a 23 Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and the 24 City Attorney (see Noise Form # 1 on file in the Planning Department). 7S 20. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 2f. masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning 27 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 28 PC RESO NO. 6372 -8- 21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 2 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 3 approved plan. 4 22. Developer shall submit and obtain Planning Director approval of an exterior lighting plan c- including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. This exterior lighting plan shall include a 6 photometric analysis that shows no lighting impacts will occur on the adjacent residential care facility to the north. 7 23. Developer shall construct, install, and stripe not less than 74 parking spaces, as shown on Exhibit "B". 9 24. Prior to building permit issuance, the Developer shall prepare and submit to the 10 Planning Department an interior acoustical analysis to ensure interior noise levels do not exceed 55 dBA CNEL. 12 25. All retaining walls shall be a plan table keystone type wall of a tan color to match the building, designed and constructed to the satisfaction of the Planning Director. The 13 walls shall be planted and irrigated so as to provide sufficient plant cover within one year after installation to the satisfaction of the City's Landscape Plancheck 14 Consultant and the Planning Director. 15 „ . .Engineering; 16 General 17 26. 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 j 9 for the proposed haul route. 20 27. This approval is subject to the approval and conditions of PUD 06-15, SDP 06-07, and SUP 06-04. 21 28. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, storm drain facilities and storm 23 water Best Management Practice facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the 24 subdivision. 25 29. There shall be one Final Map recorded for this project. 9fi 30. Developer shall install sight distance corridors at all street intersections and driveways in 27 accordance with City Engineering Standards. 28 PC RESO NO. 6372 -9- Fees/Agreements 2 31. Developer shall cause property owner to execute and submit to the City Engineer for 3 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 4 32. 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. 6 33. Prior to approval of any grading or building permits for this project, Developer shall 7 cause Owner to give written consent to the City Engineer to the annexation of the area 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 g additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 10 Grading 11 34. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan, a grading permit for this project is required. Developer shall apply for and j 3 obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. 14 35. Prior to the issuance of a grading permit or building permit, whichever occurs first, 15 Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board.16 17 36. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's latest Standard Urban Storm Water 18 Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 19 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be 2\ limited to notifying prospective owners and tenants of the following: 22 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 23 hazardous waste products. 24 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 25 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 26 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 2' Federal, State, County and City requirements as prescribed in their respective ~o containers. PC RESO NO. 6372 -10- C. Best Management Practices shall be used to eliminate or reduce surface pollutants 2 when planning any changes to the landscaping and surface improvements. 3 37. 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 4 (SWPPP)." The SWPPP shall be in compliance with latest 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 6 to the maximum extent practicable storm water pollutant runoff during construction of the project. 7 38. Prior to the issuance of grading permit or building permit, whichever occurs first, 8 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." Q The SWMP shall demonstrate compliance with the latest City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order R-9-2007-01 issued by the San 10 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 11 said pollutants from storm water, to the maximum extent practicable, for the post- construction stage of the project. At a minimum, the SWMP shall: , o a. Identify existing and post-development on-site pollutants-of-concern. 14 b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. 15 c. Recommend source control, Low Impact Development (LID) BMPs and treatment control BMPs that will be implemented with this project to avoid contact or filter 17 said pollutants from storm water to the maximum extent practicable before discharging offsite. 18 Low Impact Development (LID) Design must conform to the current County of 1" San Diego Low Impact Development Handbook (Storm water Management 2Q Strategies). The design shall help preserve and restore the natural hydrologic cycle of the site by allowing filtration and infiltration of urban run-off using LID BMPs 21 including but not limited to vegetated swale/strip, rain garden, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and 22 pollutants. 23 d. Establish specific procedures for handling spills and routine cleanup. Special 24 considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. 25 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.26 27 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 28 practicable. PC RESO NO. 6372 -11- 39. Developer shall cause property owner to process, execute and submit an executed copy to 2 the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 3 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, ^ or recordation of the final map whichever occurs first for this Project. Dedications/Improvements 6 40. Developer shall cause Owner to dedicate to the City the public water easement shown on 7 the map. The offer shall be made by a separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 9 41. Developer shall execute and record a City standard Subdivision Improvement Agreement 10 to install and secure with appropriate security as provided by law, public improvements shown on the Site Plan and the following improvements including, but not limited to 11 grading, clearing and grubbing, sewer, water, fire hydrants, street lights, and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: 13 a) Onsite public water main and fire hydrants. 14 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. 42. Prior to grading permit issuance, Developer shall have design, apply for and obtain 17 approval of the City Engineer, for 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 18 area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever 20 occurs first. 21 Final Map Notes 22 Add the following notes to the final map as non-mapping data. 23 43. All improvements are privately owned and are to be privately maintained with the 24 exception of the following: 25 a) Onsite public water main and fire hydrants. ^f\44. Building permits will not be issued for development of the subject property unless the 27 appropriate agency determines that sewer and water facilities are available. 28 45. 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 PC RESO NO. 6372 -12- arise through any diversion of waters, the alteration of the normal flow of surface waters 2 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 3 design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 5 Utilities 6 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, 7 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. 9 47. The Developer shall design and construct public facilities within public right-of-way or 10 within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate 11 maintenance, access and/or joint utility purposes. 12 48. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 12 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 14 49. The Developer shall install potable water and recycled water services and meters at a 15 locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans.16 17 50. 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 1 g improvement plans. 19 51. Prior to approval of the grading plan, the Developer shall obtain approval from Kinder Morgan Energy Partners LP for the abandonment of the existing 10" pressurized Fuel Transmission Pipe as shown on the Tentative Map. The Developer 21 shall provide evidence of this approval to the City Engineer. 22 52. The design and operation of the proposed water system shall comply with the following: 23 a) A sub-meter shall be installed for each individually owned unit. 25 b) Wording within CC&Rs related to water meters cannot be changed without the approval of the City Engineer. 26 c) Prior to sale of any unit, the owner shall create an impound account to be funded with an amount equal to an estimated three months of water bill 2g payments. PC RESO NO. 6372 -13- d) Owners and tenants of the units shall be notified that the City may shutoff 2 water service to the entire building if adequate payment of the water bill is not made. 3 Code Reminders: 4 e- 53. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 6 54. Approval of this request shall not excuse compliance with all applicable sections of the 7 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein.8 9 55. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. 10 56. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the El Camino Real Corridor Standards, and shall require review and approval of the Planning Director prior to installation of such signs. 13 57. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 14 58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 16 59. Developer shall exercise special care during the construction phase of this project to 17 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of * ° the City Engineer. 19 60. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 20 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 21 Municipal Code, respectively. 22 23 24 25 26 27 28 PC RESO NO. 6372 -14- 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." 5 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 6 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 g annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 6, 2008, by the following 15 vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 18 NOES: 19 ABSENT: 20 21 22 23 JULIE B^KER, Chairperson CARLSBAD-WANNING COMMISSION 24 25 ATTEST: 26 27 DON NEU Planning Director28 PC RESO NO. 6372 -15-