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
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WHEREAS, Tycoon Development Corporation, "Developer/Owner," has filed
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a verified application with the City of Carlsbad regarding property described as
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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
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("the Property"); and
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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
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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
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES EL CAMINO TERRACE - CT 06-17, based on the following
findings and subject to the following conditions:
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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
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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
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regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
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all requirements of law.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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23. Developer shall construct, install, and stripe not less than 74 parking spaces, as shown on
Exhibit "B".
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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;
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General
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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.
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Fees/Agreements
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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.
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Grading
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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