HomeMy WebLinkAbout2011-09-21; Planning Commission; Resolution 68081 PLANNING COMMISSION RESOLUTION NO. 6808
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 06-12(A) TO
4 DEMOLISH AN EXISTING 35 BED ASSISTED CARE
5 FACILITY AND CHANGE A 50-UNIT SENIOR CITIZEN
RESIDENTIAL CONDOMINIUM DEVELOPMENT TO A 50-
6 UNIT (49 INCOME RESTRICTED SENIOR CITIZEN
APARTMENTS AND ONE MANAGER'S APARTMENT)
7 SENIOR CITIZEN RESIDENTIAL RENTAL DEVELOPMENT
AS WELL AS ARCHITECTURAL CHANGES AND
STANDARDS MODIFICATIONS ON PROPERTY LOCATED
9 ON THE SOUTHEAST CORNER OF PALM AVENUE AND
HARDING STREET IN LOCAL FACILITIES MANAGEMENT
10 ZONE1.
CASE NAME: TAVARUA SENIOR APARTMENTS
11 CASE NO.: SDP 06-12(A)
12 WHEREAS, Tavarua Senior Apartments, LP, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Harding 3568, LLC and
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Gary E. Duboff, "Owner," described as
15 Parcel A as shown on certificate of compliance with conditions
evidenced by document recorded September 7, 1993 as
17 instrument No. 93-0588928 of official records
18 ("the Property"); and
19 WHEREAS, said verified application constitutes a request for a Site Development
20
Plan Amendment as shown on Exhibits "A" - "Q" dated September 21, 2011, on file in the
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Planning Department, TAVARUA SENIOR APARTMENTS - SDP 06-12(A) as provided by
23 Chapter 21.06 and Section 21.53.120 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on September 21, 2011 , hold a duly
95 noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors28
relating to the Site Development Plan Amendment; and
WHEREAS, on June 4, 2008, the Planning Commission approved, Harding
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Street Senior Condominiums, as described and conditioned in Planning Commission
3
Resolution No. 6423.
4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
Q
B) That based on the evidence presented at the public hearing, the Planning
9 Commission APPROVES TAVARUA SENIOR APARTMENTS - SDP 06-
12(A) based on the following findings and subject to the following conditions:
10
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
13 not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
14 traffic circulation, in that the project site is located within an urbanized neighborhood
and the project is the redevelopment of a flat infill lot which is located in close
proximity to a range of commercial retail, professional, social and community
lg services including the Harding Senior Center, the Carlsbad Village, Pine Avenue
Park, and public transportation on Harding Street. The project is designed within
17 the parameters established by the R-3 Zone. The project exceeds the density
permitted by the Growth Management Control Point for the RM General Plan
1 ° Land Use designation by 44 units, however, the project satisfies the criteria set forth
, Q in Chapter 21.53 and City Council Policy No. 43 for allowing a density increase in
that the project will be developed as senior citizen apartments and 98% of the units
20 will be income restricted to lower income households.
21 2. That with the application of standards modifications, the site is physically suitable
for the type and density of the development since the site is adequate in size and
22 shape to accommodate residential development at the density proposed. Standards
~~ modifications are appropriate for the site in that:
24 a. The proposal to allow a ten foot rear yard setback along the Interstate 5
property line allows the project to provide the required 20 foot front yard
25 setback on the Harding Street frontage. Maintaining the required 20 foot
setback from the street will allow for an adequate landscaped buffer from the
2" public right-of-way. As a result, the two ground floor units will have a
~_ reasonable setback from the right-of-way along the Harding Street frontage
which creates a sense of privacy. Patios at this more comfortable distance from
28 the street may be more likely to be used by the occupants which in turn will
contribute to a sense of neighborhood which benefits the general welfare. The
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reduced building setback adjacent to the freeway right-of-way is not significant
2 enough to result in an increase in health risk due to noise and or air quality nor
is it enough to increase a safety risk. All of the residential units will be
3 constructed with appropriate materials to mitigate interior noise levels to 45
dBA CNEL. In addition, the building shift does allow for more common outdoor
area within the central courtyard which is protected from the freeway and
5 benefits the welfare of the building occupants.
b. The proposal to allow a modification to the residential parking standard for the
income restricted units, which reduces the resident parking requirement by 25
7 spaces and to allow all of the 10 required guest parking spaces to be provided
on-street, is consistent with evidence provided by the applicant that many
° seniors that will qualify for the low income units either are single and will have
only one car or no longer drive and do not have a vehicle and overall require
fewer guest and resident parking stalls. Regardless, all of the required guest
10 parking spaces can be accommodated on-street adjacent to the project and in so
providing will not affect the total number of senior housing units provided on-
site.
The proposal to allow one accessible parking space to be located within the
I., Harding Street frontyard setback in order to meet Americans with Disabilities
Act (ADA) requirements, one accessible parking space must be provided onsite
14 for access to the leasing office. It may not be located within the parking garage
since the garage is gated. Only one location onsite, within the front yard setback
15 (off of Harding Street), will satisfy the accessible parking stall design criteria.
Allowing the single accessible parking space at this location promotes both the
safety and welfare of the vehicles disabled occupant.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
18 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project complies with all required setbacks as
19 modified, it includes varying planes in the building elevations on both Palm Avenue
and Harding Street so that the building's visual impact at the street is reduced and a
solid fence is provided as a separation between the project site and the residential lot
21 adjacent to the south.
22 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project vehicle trip generation is 200 ADT
23 with peak hour volumes of 10 ADT. Peak hour capacity for Harding Street is 1,800
ADT and with the project, peak hour volumes on Harding Street are less than 150
ADT. The project will not overburden the capacity of Harding Street.
25 5. That the proposed project helps achieve the City's senior and affordable housing
26 goals as set forth in the Housing Element of the General Plan by providing a senior
citizen apartment project with 98% of the units designated as affordable to lower
27 income households.
2° 6. That the additional incentives which include development standards modifications
to reduce the required resident parking from 1.5 spaces per unit to 1.0 space per
PC RESO NO. 6808 -3-
unit; allow all of the 10 required onsite guest parking spaces to be provided along
2 the project frontage on Palm Avenue and Harding Street; modify the building
setback standard to allow a 10 foot rear yard setback adjacent to Interstate 5, are
3 necessary to make the 49 affordable units fit on the site thereby enabling the project
to be economically feasible.
4
7. The Housing Policy Team has reviewed the applicant's pro forma and has
recommended that the density increase is necessary to make the project feasible and
g to allow the project to be developed to satisfy the City's need to provide housing
which is affordable to lower income and senior citizen households.
7
8. That the project does not result in a density or design that is incompatible with
8 other land uses in the surrounding area in that other multi-family residential
developments in the vicinity have a similar mass and appearance. Properties to the
north and south of the site are zoned R-3 and have the same development standard
10 parameters for regulating building location, height, and mass. As these sites
develop, their development envelope will have the potential of matching that of the
11 project. Furthermore, the project is similar to other senior citizen housing projects
in the Carlsbad Village Redevelopment Area which have densities ranging from 63.5
to 75 dwelling units per acre and the project has a similar building mass and
, ~ appearance as those senior citizen housing developments and other multi-family
residential developments in the general vicinity.
14 9. That the project will provide sufficient additional public facilities for the density in
15 excess of the control point to ensure that the adequacy of the City's public facility plans
will not be adversely impacted, in that the project will have only an incremental
1" increase in the demand for public facilities over the existing 35 bed senior care
, 7 facility. The proposed project's ultimate demand for public services is within the
capacity limits of the existing public facilities and no new facilities are required to
18 be constructed to accommodate the proposed use. In addition, prior to the issuance
of a building permit, the project will pay appropriate impact fees based on the
19 number of project units.
20 10. That there have been sufficient developments approved in the quadrant at densities below
-, the control point to offset the units in the project above the control point so that the
approval of SDP 06-12 did not result in exceeding the quadrant limit nor will the
22 amendments to that Site Development Plan (SDP 06-12A) result in the approval of units
above the quadrant cap.
23
11. That the proposed project complies with the General Plan, Zoning Ordinance, and
24 development policies of the City of Carlsbad as discussed in the staff report.
25 12. The Planning Director has determined that:
96 a. the project is a project for which a Mitigated Negative Declaration was previously
27 adopted [15162];
b. this project is consistent with the Harding Street Senior Condominiums project
28 cited above;
c. A Mitigated Negative Declaration was adopted in connection with the prior project;
PC RESO NO. 6808 -4-
d. the project has no new significant environmental effect not analyzed as significant in
2 the prior Mitigated Negative Declaration;
e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration
3 under CEQA Guidelines Sections 15162 or 15163 exist;
13. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
5 Code Section 14.28.020 and Landscape Manual Section I B).
6 14. The Planning Commission has reviewed each of the exactions imposed on the 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 impact caused by the project.
Conditions:
10 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
11
1. This Planning Commission Resolution No. 6808 supersedes Planning Commission
Resolutions No. 6421 for CT 06-14, No. 6422 for CP 06-12, and No. 6424 for SDP 06-
13 12 which are hereby rescinded and rendered null and void.
14 2. 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
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
17 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 Site Development Plan
Amendment.
20
Staff is authorized and directed to make, or require the Developer to make, all corrections
21 and modifications to the Site Development Plan Amendment 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
23 development, different from this approval, shall require an amendment to this approval.
24 4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
25
-x- 5. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
27 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
28 unless the City Council determines that the project without the condition complies with
all requirements of law.
PC RESO NO. 6808 -5-
6. Developer/Operator shall and does hereby agree to indemnity, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Site Development Plan
Amendment, (b) City's approval or issuance of any permit or action, whether
r discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
6 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
7 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.o
9 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
10
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
12 format (including any applicable Coastal Commission approvals).
13 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
14 school facilities.
10. This project shall comply with all conditions and mitigation measures which are required
16 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
17
11. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
19 12. Building permits will not be issued for this project unless the local agency providing
20 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
21 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.
23 13. 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
24 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
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
25 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.
27
14. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice
2° 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
PC RESO NO. 6808 -6-
Director, notifying all interested parties and successors in interest that the City of
2 Carlsbad has issued a Site Development Plan Amendment by Resolution No. 6808 on
the property. Said Notice of Restriction shall note the property description, location of
3 the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
^ Planning Director has the authority to execute and record an amendment to the notice
r which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
6
15. Prior to the issuance of building permits for any units, the Developer shall enter into an
7 Affordable Housing Agreement with the City to provide and deed restrict 49 dwelling
units to lower income senior households for 55 years, in accordance with the
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The
9 draft Affordable Housing Agreement shall be submitted to the Planning Director no later
than 60 days prior to the request to final the map. The recorded Affordable Housing
10 Agreement shall be binding on all future owners and successors in interest.
16. Developer shall submit and obtain Planning Director approval of a Final Landscape and
12 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
13 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
14
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
15 project's building, improvement, and grading plans.
17 18. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
in minimum include a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
20
19. All roof and ground mounted appurtenances, including air conditioners, shall be
21 architecturally integrated and concealed from view and the sound buffered from adjacent
__ properties and streets, in substance as provided in Building Department Policy No. 80-6,
to the satisfaction of the Directors of Community Development and Planning.
23
20. Prior to the issuance of building permits, the Developer shall prepare and record a Notice
24 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
City Attorney (see Noise Form #1 on file in the Planning Department).
26 21. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
27 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be as shown on the approved
28 project exhibits.
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22. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
2 including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
3
23. Walkways and hallways in the common areas shall be equipped with standard
4 height railings or grab bars to assist persons who have difficulty with walking, and
,- shall have lighting conditions that are of sufficient brightness to assist persons who
have difficulty seeing. Compliance with these conditional requirements shall be
6 demonstrated on the building plans submitted for the project.
7 24. To the extent practicable as determined by the Building Official, the interiors of
each unit shall be designed to implement the principals of universal design as
currently established by the Center for Universal Design at the North Carolina State
9 University, or any other residential design elements for seniors that may currently
be established by the California Department of Aging. Compliance with these
10 requirements shall be demonstrated on the building plans submitted for the project.
25. Dwelling units shall be provided with the following and all features shall be
12 included on plans submitted for issuance of a building permit:
13 a. Tubs and/or showers equipped with, or adaptable for, at least one grab bar;
b. Tubs and/or showers equipped with temperature regulating devices;
14 c. Slip resistant tub and/or shower bottom surfaces; and
, - d. Peepholes in entry doors.
15 26. Applicant agrees that it and any successor interest to Applicant will repair, replace
and maintain the building and other improvements located on the project site, and
17 any utility lines located on or under or exclusively serving the project, in good, first-
class condition and repair, and in accordance with the requirements of any
governmental authority or agency having jurisdiction thereof. Repair and
19 maintenance shall include, but not be limited to, painting or otherwise rejuvenating
those portions of the exterior of the buildings that were painted on the date a
20 certificate of occupancy was issued for the building, not less often than once every
five (5) years, and repairing all asphalt drives, parking areas, loading and delivery
21 areas not less than once every ten (10) years unless Applicant or its successor
_~ demonstrates to the reasonable satisfaction of the Planning Director or equivalent
position, in his discretion, that such repainting and/or repaving is not necessary at
23 that time, keeping the landscape watered and trimmed in a neat and attractive
fashion, keeping the project site free of debris and clean and attractive. All glass,
24 both exterior and interior, if broken shall be promptly replaced by Applicant with
glass of the same kind, size and quality, or as required by then applicable law. The
landscaping on the project site shall be maintained as shown on the approved
25 landscape plan for the project and shall be supplemented and replaced as necessary
to maintain the quality and the character of the plant materials and vegetation
27 throughout the existence of the project.
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27. The rear yard setback landscaping shall be enhanced to the satisfaction of the City
2 Planner with the goal of creating a more natural and pleasant environment for the
future tenants of the ten units facing the rear yard/freeway right-of-way.
3
28. All future tenants of the project shall be notified in writing and with available
illustrations prior to committing to a rental agreement that CalTrans has plans to
^ expand the 1-5 freeway and that tenants of the building may be impacted by the
construction. All tenants of the building shall be periodically informed regarding
6 CalTran's 1-5 expansion progress.
7 29. Prior to the issuance of a building permit, a building color scheme must be
approved by the City Planner with the goal of breaking up the mass and vertical
scale of the project.
9
Engineering:
10
30. Prior to the issuance of a grading permit, the applicant/property owner shall
provide evidence to the City Engineer that the project has been coordinated with
]2 CalTrans 1-5 North Coast Corridor Project engineers regarding the future 1-5
corridor right-of-way needs.
13
31. Prior to hauling dirt or construction materials to or from any proposed construction site
14 within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
16 32. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Plan and conceptual grading plan, preliminary utility plan reflecting the
17 conditions approved by the final decision making body. The reproducible shall be
submitted to the city planner, reviewed and, if acceptable, signed by the city's project
1° engineer and project planner prior to submittal of the building plans, improvement plans,
, o grading plans, or final map, whichever occurs first.
20 33. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
21 condition.
22 Fees/Agreements
23
34. Developer shall cause property owner to execute and submit to the city engineer for
24 recordation the city's standard form Drainage Hold Harmless Agreement.
oc 35. 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
27 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,
28 or the recordation of a final map, whichever occurs first for this project.
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36. Prior to approval of any grading or building permits for this project, developer shall cause
2 owner to give written consent to the city engineer for the annexation of the area shown
within the boundaries of the site plan into the existing City of Carlsbad Street Lighting
3 and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
^ provided by the city engineer.
37. Prior to issuance of building permits, or grading permit, whichever occurs first, developer
6 shall cause owner to execute, for recordation, a city standard Local Improvement District
Agreement to pay fair share contributions for undergrounding of all existing overhead
7 utilities and installation of street lights, as needed, along the subdivision frontage, should
a future district be formed.8
9 Grading
10 38. 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
* plans and technical studies/reports, for city engineer review, and shall pay all applicable
, 2 grading plan review fees per the city's latest fee schedule.
13 39. 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 post
14 security per City Code requirements.
40. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
16 implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
17 runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
, g stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
20
41. Prior to the issuance of a grading permit, developer shall submit to the city engineer
21 receipt of a Notice of Intent from the State Water Resources Control Board.
22 42. Prior to the issuance of grading permit or building permit, whichever occurs first,
23 developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
24 provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
•* to reduce storm water pollutant runoff during construction of the project to the maximum
2g extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city's latest fee schedule.
27
43. This project is subject to 'Priority Development Project' requirements. Developer shall
28 prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
PC RESO NO. 6808 -10-
requirements per the city's Standard Urban Storm Water Management Plan (SUSMP),
2 latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to
3 ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
4 plan review and inspection fees per the city's latest fee schedule.
44. Developer is responsible to ensure that all final design plans (grading plans, improvement
6 plans, landscape plans, building plans, etc.) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
7 (LID) facilities.
g
45. Developer shall submit documentation, subject to city engineer approval, demonstrating
9 how this project complies with Hydromodification requirements per the city's SUSMP,
latest version. Documentation shall be included within the Storm Water Management
10 Plan (SWMP).
' * Dedications/Improvements
12 46. Developer shall design the private drainage systems, as shown on the site plan to the
13 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
14 plan check and inspection fees for private drainage systems.
47. Developer shall prepare and process public improvement plans and, prior to city engineer
16 approval of said plans, shall execute a city standard Development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
17 for public improvements shown on the Site Plan. Said improvements shall be installed to
city standards to the satisfaction of the city engineer. These improvements include, but
are not limited to:
19 a. New driveway entrances on Harding Street and Palm Avenue.
20 b. Public water service connections and fire hydrants as required by the fire
department.
21
Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 36 months of approval of the
23 development improvement agreement or such other time as provided in said agreement.
24 48. Palm Avenue shall be dedicated by owner to 10 feet behind the existing curb line at
the cul-de-sac in conformance with City of Carlsbad Standards.25
26 49. Harding Street shall be dedicated by owner to create a property line return at the
intersection of Palm Avenue in conformance with City of Carlsbad Standards.
27
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1 Fire;
2 50. Fire Department approved key switches shall be installed on the parking garage
3 gates.
51. A KNOX key box shall be installed on any ground floor pedestrian gates that
<- regulate access into the project grounds.
6 Utilities;
7 52. Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
9 public water mains to the satisfaction of the district engineer.
10 53. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.11
,~ 54. 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
13 Department for processing and approval by the district engineer.
14 55. Developer shall install potable water and recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on
public improvement plans.
16
56. The developer shall install sewer laterals and clean-outs at locations approved by the city
17 engineer. The locations of sewer laterals shall be reflected on public improvement plans.
1 ° 57. The developer shall design and construct public water, sewer and recycled water facilities
, n substantially as shown on the Site Plan to the satisfaction of the district engineer and city
engineer.
20
Code Reminders;
21
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
23
58. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
24 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are
for planning purposes only.
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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 September 21, 2011, by the following
vote, to wit:
AYES: Chairperson L'Heureux, Commissioners Arnold, Black,
Schumacher and Siekmann
NOES: Commissioners Nygaard and Scully
ABSENT:
A
STEPHec*?MP" L'HELJftEUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6808 -13-