HomeMy WebLinkAbout2009-04-15; Planning Commission; Resolution 65501 PLANNING COMMISSION RESOLUTION NO. 6550
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 REMODEL THE EXISTING VACANT HADLEY'S
- COMMERCIAL BUILDING INTO A 21,281 SQUARE FOOT
COMBINATION ONE-AND-TWO STORY MULTI-USE
6 COMMERCIAL BUILDING THAT WILL INCLUDE A
RESTAURANT, MUSEUM AND MEETING ROOMS ON
7 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT
8 ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL
9 COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 3.
10 CASE NAME: GREEN DRAGON COLONIAL VILLAGE
CASE NO.: CUP 08-08
11
12 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application
13 with the City of Carlsbad regarding property described as
14 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, June 8,1977 as File
16 No. 77-224223 (APN 211-040-21), and
17 That portion of Lot "H" of Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to map thereof No. 823, filed in the office of the
County Recorder of San Diego County, November 16, 1896
(APN 211-050-04), and
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The southerly 120.00 feet (measured along the easterly line
21 thereof) of that portion of Lot "H" of Rancho Agua Hedionda,
in the County of San Diego, State of California, according to
map thereof No. 823, filed in the Office of the County Recorder
23 of San Diego County, November 16,1896 (APN 211-050-16)
24 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use
26 Permit as shown on Exhibits "A" - "Q" dated April 15, 2009, on file in the Planning
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Department, GREEN DRAGON COLONIAL VILLAGE - CUP 08-08, as provided by
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Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
1 WHEREAS, the Planning Commission did, on April 15, 2009, hold a duly
2
noticed public hearing as prescribed by law to consider said request; and
3
WHEREAS, at said public hearing, upon hearing and considering all testimony
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5 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
6 relating to the CUP.
7 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
11 RECOMMENDS APPROVAL of the GREEN DRAGON COLONIAL
12 VILLAGE - CUP 08-08, based on the following findings and subject to the
following conditions:
13
Findings:
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1. The requested use is necessary or desirable for the development of the community, and is
in harmony with the various elements and objectives of the general plan, including, if
16 applicable, the certified local coastal program, specific plan or master plan, in that the
proposed uses (i.e. restaurant, museum, and meeting rooms) are allowed within the
17 C-T and Commercial/Visitor-Serving Overlay Zones, which implement the
Travel/Recreation Commercial (T-R) General Plan Land Use designation, and
furthermore are necessary and desirable to the community in that they are visitor
in attractions that serve the travel and recreational needs of tourists, residents, and
employees of the surrounding businesses and industrial centers.
20
2. The requested use is not detrimental to existing uses or to uses specifically permitted in
21 the zone in which the proposed use is to be located, in that the proposed uses (i.e.
22 restaurant, museum, and meeting rooms) are not detrimental to the existing
surrounding uses or to uses specifically permitted in the zone, in that the project site
23 has been designed to accommodate all parking on site, and provides for adequate
traffic circulation. Furthermore, to ensure compatibility of the project with the
24 surrounding community, all of the required development standards of the
Commercial/Visitor-Serving Overlay Zone and C-T Zone, including screening of
parking, loading, and trash facilities, have been incorporated into the project
26 design.
27 3. The site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping
28 and other development features prescribed in this code and required by the planning
director, planning commission or city council, in order to integrate the use with other uses
PCRESONO. 6550 -2-
in the neighborhood, in that the 3.08-acre project site is adequate in size and shape to
2 accommodate the proposed uses in that the project can be fit within the proposed
development area without the need for any variances. Furthermore, the project
3 complies with all of the required development standards and parking requirements
of the C-T Zone and the Commercial/Visitor-Serving Overlay Zone in that,
4 adequate building and landscape setbacks have been provided; the proposed
<r building is designed with enclosed service areas to conceal trash receptacles and
storage of supplies; and all roof-mounted mechanical equipment is appropriately
6 screened from public view.
7 4. The street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that a traffic study was submitted for the
development proposal, which indicates that the proposed project will generate a
9 total of approximately 1,305 Average Daily Trips (ADT), with 95 AM peak hour
trips and 172 PM peak hour trips. A majority of this traffic will utilize Palomar
10 Airport Road (PAR) and Paseo Del Norte (PDN) to access the proposed project. At
the build-out Year 2030 volumes, the project's peak hour traffic will contribute to a
Level of Service (LOS) E at the intersection of PAR and PDN, which is higher than
12 the City's requirement of LOS D or better. To mitigate this potential impact, a
future dedicated right-turn lane needs to be constructed from eastbound PAR to
13 southbound PDN. The project, in the form of a mitigation measure, will pay a
proportional fair share contribution towards the construction of this right-turn lane
14 to reduce impacts to a less than significant level. Through project design and
mitigation, the street system serving the proposed use is adequate to properly handle
all traffic that is expected to be generated by the project and all intersections and
16 roadway segments serving the project will operate at acceptable levels of service.
17 5. The proposed project is adequately designed to accommodate the high percentage of
visitor, tourist, and shuttle/bus alternative transportation users anticipated given the
proposed use and site location within the overlay zone, in that the project site provides
jp the required number of parking spaces that are necessary to accommodate the
proposed uses (including bus parking and a drop off/loading area), and the onsite
20 circulation system is adequately designed to accommodate traffic flow throughout
the parking lot and around the proposed building.
21
6. The building form, building colors, and building materials combine to provide an
architectural style of development that will add to the objective of high quality
23 architecture and building design within the overlay zone, in that the proposed building
has been designed in an alternative architectural style (American Colonial), as
24 allowed per subsection 21.208.100(F)(3) of the Carlsbad Municipal Code. This is
compatible with the other commercial buildings within the vicinity, which also
include a variety of architectural styles. The proposed building represents a high
26 quality form of architectural design through its use of varied building forms and
articulation, high quality building materials, and decorative architectural elements.
27 The combinations of architectural elements create a project that is complementary
to the surrounding development, and adds to the objective of high quality
2° architecture and building design within the overlay zone.
PC RESO NO. 6550 -3-
7. The project complies with all development and design criteria of the overlay zone, in that
2 the project meets or exceeds all of the development and design criteria of the overlay
zone including, but not limited to parking, screening, building height, building
3 setbacks, building design, and landscaping.
8. 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 the staff
report dated April 15, 2009.
6
9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
7 Facilities Management Plan for Zone 3 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
9 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
10 project will be installed to serve new development prior to or concurrent with need.
Specifically,
12 a. The project has been conditioned to provide proof from the Carlsbad
Unified School District that the project has satisfied its obligation for
13 school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and
1 will be collected prior to the issuance of building permit.
16 c. The Local Facilities Management fee for Zone 3 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance
17 of building permit.
18 10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated October 2004, in that as conditioned the
applicant shall record a notice concerning aircraft noise. The project is compatible with
20 the projected 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
proposed uses (i.e., restaurant, museum, and meeting rooms) are considered
~~ compatible land uses within the 60 CNEL.
23 11. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
24
12. The Planning Commission has reviewed each of the exactions imposed on the
25 Developer contained in this resolution, and hereby finds, in this case, that the
exactions are imposed to mitigate impacts caused by or reasonably related to the
project, and the extent and the degree of the exaction is in rough proportionality to the
27 impact caused by the project.
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Conditions:
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 grading permit or building permit, whichever occurs first.
4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
r 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 Conditional Use Permit.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
12 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 Conditional Use Permit,
(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 Site Plan reflecting the conditions approved by the final decision-making
28 body.
PC RESO NO. 6550 -5-
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
3
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
4 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of the Mitigated Negative Declaration
o and Mitigation Monitoring and Reporting Program, and CDP 08-13 and is subject to
all conditions contained in Planning Commission Resolutions No. 6549 and 6551 for
10 those other approvals incorporated herein by reference.
11 11. Developer shall implement, or cause the implementation of, the GREEN DRAGON
12 COLONIAL VILLAGE - CUP 08-08/CDP 08-13 Project Mitigation Monitoring and
Reporting Program.
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12. This approval shall become null and void if building permits are not issued for this
14 project within 36 months from the date of project approval.
13. 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
17 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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14. 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
20 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
21 Local Facilities Management Plan fee for Zone 3, 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
approval will not be consistent with the General Plan and shall become void.
23
15. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice
24 of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a(n) Conditional Use Permit and Coastal Development Permit by
Resolutions No. 6550 and 6551 on the property. Said Notice of Restriction shall note the
27 property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
PCRESONO. 6550 -6-
an amendment to the notice which modifies or terminates said notice upon a showing of
2 good cause by the Developer or successor in interest.
3 16. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
4 a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
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17. If, at any time, the City Council, Planning Commission, or Planning Director determines
° that there has been, or may be, a violation of the findings or conditions of this conditional
use permit, or of the Municipal Code regulations, a public hearing may be held before the
City Council to review this permit. At said hearing, the City Council may add additional
conditions, recommend additional enforcement actions, or revoke the permit entirely, as
necessary to ensure compliance with the Municipal Code and the intent and purposes of
the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety, and
general welfare of the City.
13 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
14 the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
17 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
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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
2Q substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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21. Prior to issuance of building permits, the Developer shall prepare and record a Notice that
22 this property is subject to overflight, sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
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22. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
25 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
Director. Enclosure shall be of similar colors and/or materials to the project to the
27 satisfaction of the Planning Director.
28 23. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
PC RESO NO. 6550 -7-
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
2 approved plan.
3 24. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
25. Compact parking spaces shall be located in large groups, and in locations clearly marked
6 to the satisfaction of the Planning Director.
7 26. The developer shall submit and obtain Planning Director approval of a sign
program for the project showing conformance with the City of Carlsbad Sign
Ordinance and the Commercial/Visitor-Serving Overlay Zone. All signs shall be
9 constructed and installed in accordance with the approved sign program.
10 Engineering:
General
12 27. Prior to hauling dirt or construction materials to or from any proposed construction site
13 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
14
28. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance.
17
29. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Development Plan and conceptual grading plan, reflecting the conditions
, Q approved by the final decision making body. The reproducible shall be submitted to the
Planning Director, reviewed and, if acceptable, signed by the City's project engineer and
20 project planner prior to submittal of the building plans, improvement plans, grading
plans, or final map, whichever occurs first.
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30. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
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Fees/Agreements
24
31. 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.
26 32. Developer shall cause property owner to execute and submit to the City Engineer for
27 recordation the City's standard form Drainage Hold Harmless Agreement.
28 33. 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
PC RESO NO. 6550 -8-
Management Practice Maintenance Agreement for the perpetual maintenance of all
2 treatment control, applicable site design and source control, post-construction permanent
3 Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this Project.
4
<- 34. Developer shall cause property owner to execute and submit to the City Engineer
for recordation, the City's standard Encroachment Agreement for the proposed
6 enhanced paving within public right of way at intersections of Paseo Del Norte and
project driveways.
7
8 Grading
9 35. 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 prepare and submit
10 plans and technical studies/reports, for City Engineer review, and shall pay all applicable
grading plan review fees per the City's latest fee schedule.
, ~ 36. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
shall pay all applicable grading permit fees per the City's latest fee schedule and shall
13 post security per City Code requirements.
14 37. 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.
15 38. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
17 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
and provisions established by the San Diego Region of the California Regional Water
18 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
jo address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
20
39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
21 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
23 Municipal Code all to the satisfaction of the City Engineer.
24 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
25 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
27 techniques using current County of San Diego Low Impact Development Handbook
(Storm Water Management Strategies). LID techniques include, but are not limited to:
28 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
PC RESO NO. 6550 -9-
Dedications/Improvements
2 41. Developer shall design the private drainage systems, as shown on site plan to the
3 satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain
and larger) shall be inspected by the City. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
42. Developer shall cause Owner to dedicate to the City public water easement as shown on
6 the site plan. The offer shall be made by a separate document. All land so offered shall be
free and clear of all liens and encumbrances and without cost to the City. Streets that are
7 already public are not required to be rededicated. Additional easements may be required
at final design to the satisfaction of the City Engineer.8
9 43. Developer shall prepare and process public improvement plans and, prior to City
Engineer approval of said plans, shall execute a City standard Development Improvement
10 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the Site Development Plan. Said improvements shall
be installed to City Standards to the satisfaction of the City Engineer. These
, j improvements include, but are not limited to:
13 a. Full half width improvements of Paseo Del Norte, along the project frontage,
to secondary arterial standard, including but not limited to driveways,
14 paving, curb and gutter, sidewalk, striping, undergrounding or relocation of
utilities, water & sewer services, drainage structures, all necessary
transitions to existing improvements as shown on Site Development Plan.
16
b. Onsite potable water lines and appurtenances as shown on the Site
17 Development Plan.
° Developer shall pay the standard improvement plan check and inspection fees.
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
20 said agreement.
21 44. Prior to building permit issuance, the developer shall pay a proportional fair share
contribution towards construction of a dedicated right-turn lane from eastbound
Palomar Airport Road to southbound Paseo del Norte equivalent to twelve and eight
23 tenth percent (12.8%) of the actual cost to the satisfaction of the City Engineer. If
construction of the right-turn lane is incorporated into the City's Traffic Impact Fee
24 (TIF) program, the payment of TIF will satisfy this condition.
45. Developer shall design, and obtain approval from the City Engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with City Standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
27 completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
28 approval of the City Engineer.
PC RESO NO. 6550 -10-
1 Utilities
2 46. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
3 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
^ public water mains to the satisfaction of the District Engineer.
47. Developer shall design and construct public facilities within public right-of-way or within
6 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the
discretion of the District or City Engineer, wider easements may be required for adequate
7 maintenance, access and/or joint utility purposes.
o
48. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
9 for connection to public facilities.
10 49. 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
* 1 Department for processing and approval by the District Engineer.
12 50. Developer shall install potable water and recycled water services and meters at locations
13 approved by the District Engineer. The locations of said services shall be reflected on
public improvement plans.
14
51. The Developer shall install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
16
52. The Developer shall design and construct public water, sewer, and recycled water
17 facilities substantially as shown on the site plan to the satisfaction of the District Engineer
and City Engineer.
18
, Q Code Reminders:
20 53. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
21
54. 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
23 permit issuance, except as otherwise specifically provided herein.
24 55. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
25
~s 56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
27
57. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
28 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
PCRESONO. 6550 -11-
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Trips (ADT) and floor area contained in the staff report and shown on the Site
Development Plan are for planning purposes only.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April 15, 2009 by the following vote, to
wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Douglas, Whitton, and
Chairperson Montgomery
ABSENT: Commissioner Dominguez
ABSTAIN:
. MONTGC
CARLSBAD PLANNIN
icrson
ON
DON NEU
Planning Director
PCRESONO. 6550 -12-