HomeMy WebLinkAbout2015-05-06; Planning Commission; Resolution 7098
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
AMENDMENT SDP 96-02(A), CONDITIONAL USE PERMIT AMENDMENT
CUP 204(F), AND COASTAL DEVELOPMENT PERMIT CDP 14-32 TO
ALLOW FOR THE PARTIAL DEMOLITION, RECONSTRUCTION, AND
REMODEL OF THE ST. PATRICK PARISH SCHOOL CAMPUS ON A 3.2 ACRE
SITE ON PROPERTY LOCATED AT 3820 PIO PICO DRIVE, JUST NORTH OF
TAMARACK AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
THE CITY PLANNER HAS DETERMINED THAT THIS PROJECT IS EXEMPT
FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO SECTION 15332 “IN-FILL
DEVELOPMENT PROJECTS” OF THE STATE CEQA GUIDELINES AND WILL
NOT HAVE ANY ADVERSE SIGNIFICANT IMPACT ON THE ENVIRONMENT.
CASE NAME: ST. PATRICK PARISH SCHOOL
CASE NO.: SDP 96-02(A)/CUP 204(F)/CDP 14-32
WHEREAS, Pete J. Kruse, “Developer,” has filed a verified application with the City of
Carlsbad regarding property owned by Pastor of St. Patrick Parish in Carlsbad, “Owner,” described as
That portion of Tract No. 236 of Thum Lands, according to Map No.
1681, filed in the Office of the County Recorder on December 14, 1915,
in the City of Carlsbad, County of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan
Amendment, Conditional Use Permit Amendment and a Coastal Development Permit as shown on
Exhibits “A – N” dated May 6, 2015, on file in the Planning Division, ST. PATRICK PARISH SCHOOL – SDP
96-02(A)/CUP 204(F)/CDP 14-32 as provided by Chapter 21.06, 21.42, and 21.201 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on May 6, 2015, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan Amendment, Conditional Use Permit Amendment and a Coastal
Development Permit; and
PLANNING COMMISSION RESOLUTION NO. 7098
PC RESO NO. 7098 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WHEREAS, on February 20, 2008, the Planning Commission approved, CUP 204(E)X1, as
described and conditioned in Planning Commission Resolution No. 6890; and
WHEREAS, on March 6, 1996, the Planning Commission approved, SDP 96-02, as
described and conditioned in Planning Commission Resolution No. 3904.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES ST. PATRICK PARISH SCHOOL – SDP 96-02(A)/CUP 204(F)/CDP 14-32 based
on the following findings and subject to the following conditions:
Findings:
Site Development Plan Amendment, SDP 96-02(A)
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the existing
school campus is conditionally permitted in the RLM General Plan Land Use designation and is
a permitted use in the “P” designation subject to approval of an SDP. The school campus has
been in existence since the early 1960’s providing private education (K-8) to the residents of
the community without significant issues or formal complaints. The project is compatible with
the surrounding land uses in that there is a Baptist Church/Sunday School use located on the
adjacent property to the north, the St. Patrick’s Parish Church facility to the east, and
restaurant and service station uses to the south. The project which includes a partial
demolition, reconstruction and remodel of the school campus will continue to augment the
existing public school system by providing private educational opportunities for the residents
of Carlsbad. The project is consistent with the Private School (P) General Plan land use
designation that recognizes the need for this type of use and the continued use is consistent
with this document regarding the location of the private school within the residential
neighborhood. All necessary public improvements serving the private school have been
previously constructed which satisfies the Circulation Element.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or
use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in
that the existing school campus has been in existence since the early 1960’s providing private
education (K-8) to the residents of the community without significant issues or formal
complaints. The project is compatible with the surrounding land uses in that there is a Baptist
Church/Sunday School use located on the adjacent property to the north, the St. Patrick’s
Parish Church facility to the east, and restaurant and service station uses to the south. The
proposed school buildings, Guadalupe Chapel, sports field/play areas, redesigned drive-aisle
and parking lot will not be detrimental to existing uses in that it contributes towards the
PC RESO NO. 7098 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
enhancement of the educational activities offered at the private school campus, are
appropriately integrated with the site surroundings, as well as environmental setting in that
the proposed school architecture will complement the St. Patrick’s Parish Church facility and
other non-residential uses in the area. Furthermore, the proposed project meets all
applicable development standards of the underlying R-1 and C-T zones and will not adversely
impact the site. The project will result in only two (2) additional Average Daily Trips (ADT)
based on student trip generation which is considered negligible and can be accommodated by
the adjacent streets (Adams Street, Pio Pico Drive, and Tamarack Avenue) that service the
project site.
3. That the site for the intended development or use is adequate in size and shape to
accommodate the use, in that the subject 3.2-acre site is adequate in size and shape to
accommodate the new proposed school buildings, Guadalupe Chapel, sports field/play areas,
required parking and landscaping within the boundaries of the developable portion of the
property without the need for any development standard modifications. The proposed
structures comply with all applicable development standards of both the underlying C-T and
R-1 zone designations. In addition, the height of 32 feet for the tallest proposed structure
(two story school building) is consistent with the 35-foot height limitation of the C-T zone.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the proposed project complies with all
of the development standards of both the underlying C-T and R-1 zone designations with no
variances required. The addition of 43 parking spaces located within the redesigned drive-
aisle will improve on-site parking and the site circulation system will continue to allow for safe
and adequate drop-off and pick-up of students. Furthermore, the use of landscape will help
soften the appearance of a six foot tall sound wall proposed along Pio Pico Drive.
5. That the street systems serving the proposed development or use is adequate to properly
handle all traffic generated by the proposed use, in that the traffic projections prepared for the
project demonstrates that the proposed remodel of the school campus would result in only
two (2) additional Average Daily Trips (ADT) based on student trip generation which is
considered negligible and can be accommodated by the adjacent streets (Adams Street, Pio
Pico Drive, and Tamarack Avenue) that service the project site.
Conditional Use Permit Amendment, CUP 204(F)
6. That 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 applicable,
the certified local coastal program, specific plan or master plan, in that the existing school
campus has been in existence since the early 1960’s providing private education (K-8) to the
residents of the community without significant issues or formal complaints. The project which
includes a partial demolition, reconstruction and remodel of the school campus will continue
to augment the existing public school system by providing private educational opportunities
for the residents of Carlsbad. The project is consistent with the Private School (P) General
Plan land use designation and the Mello II Segment of the Local Coastal Program that
recognize the need for this type of use and the continued use is consistent with these
documents regarding the location of the private school within the residential neighborhood.
The project is also compatible with the RLM General Plan Land Use designation in that private
schools are conditionally permitted in the underlying R-1 zone. All necessary public
improvement serving the private school have been previously constructed which satisfies the
Circulation Element.
PC RESO NO. 7098 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that the existing private school is a
conditionally permitted use in the C-T and R-1 zones and the proposed remodel to the school
campus has been designed to be compatible with the existing residential and non-residential
uses in the neighborhood. The property directly to the north contains a similar use and is
occupied by the Pacific Breeze Baptist Church/Sunday School campus. The project site is also
bound by the Village Kitchen Pie Shop Restaurant and a service station to the south, St.
Patrick’s Parish Church to the east, and Interstate 5 to the west. There are residential uses
located along the east side of Adams Street which border the existing entrance to the school
campus. Traffic on Adams Street is minimal during student drop off/pick up times,
nevertheless, the school administration has implemented recent changes to the drop off/pick
up student waiting area that has reduced traffic congestion along Adams Street.
8. That 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 and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the subject 3.2-acre site is adequate in size and shape to accommodate the new proposed
school buildings, Guadalupe Chapel, sports field/play areas, required parking and landscaping
within the boundaries of the developable portion of the property without the need for any
development standard modifications. The proposed structures comply with all applicable
development standards of both the underlying C-T and R-1 zone designations. In addition, the
proposed height of 32 feet for the tallest structure (two story school building) is consistent
with the 35-foot height limitation of the C-T zone. Furthermore, the use of landscape will help
soften the appearance of a six foot tall sound wall proposed along Pio Pico Drive.
9. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the traffic projections prepared for the project
demonstrates that the proposed remodel of the school campus would result in only two (2)
additional Average Daily Trips (ADT) based on student trip generation which is considered
negligible and can be accommodated by the adjacent streets (Adams Street, Pio Pico Drive,
and Tamarack Avenue) that service the project site.
Coastal Development Permit Amendment, CDP 14-32
10. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program (LCP) and all applicable policies in that, the partial demolition,
reconstruction and remodel of the school campus at St. Patrick Parish School is consistent
with the LCP Land Use Plan, which designates the site as Private School (P) and Residential
Low-Medium Density (RLM) and allows schools as conditionally-permitted uses in non-
residential and residentially-designated areas. The remodel of the school campus continues
to be compatible with the surrounding non-residential and residential uses in the
neighborhood. Furthermore, no agricultural activities, sensitive resources, geological
instability, flood hazard, or coastal access opportunities exist onsite, and the newly
constructed school buildings do not obstruct views of the coastline as seen from public lands
or public right-of-way nor otherwise damage the visual beauty of the coastal zone.
11. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project site is located approximately 1/2 mile from the Pacific Ocean.
Therefore, the project will not interfere with the public’s right to physical access to the ocean
and the site is not suited for water-oriented recreation activities.
PC RESO NO. 7098 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
12. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City’s Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no steep slopes exist
on the site and the project site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods or liquefaction.
13. The project is not located between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance).
California Environmental Quality Act
14. That the Planning Director has determined that the project belongs to a class of projects 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 15301 “Existing Facilities” of the state CEQA
Guidelines. 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 project.
General
15. 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 May
6, 2015, including but not limited to the following:
a. Land Use – The private school is an allowed land use with a Conditional Use Permit and
the General plan recognizes the need for this type of use as it provides private educational
services to the residents of the community.
b. Circulation – The traffic projections prepared for the project demonstrates that the
proposed remodel of the school campus would result in only two (2) additional Average
Daily Trips (ADT) based on student trip generation which is considered negligible and can
be accommodated by the adjacent streets (Adams Street, Pio Pico Drive, and Tamarack
Avenue) that service the project site. Furthermore, the existing driveway has been
redesigned to accommodate an additional 43 parking spaces and will meet the minimum
fire access requirements.
c. Noise – To address the interior noise requirements, a noise study will be required prior to
the issuance of building permits to ensure that the proposed building design will
adequately attenuate the interior noise level to 45 CNEL.
d. Public Safety – The proposed project includes the installation of a new fire hydrant
adjacent to the drive-aisle.
16. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public 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 and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities;
and open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
PC RESO NO. 7098 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
a. 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.
b. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
17. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
18. 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:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or building permit whichever occurs first.
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 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 Site
Development Plan Amendment, Conditional Use Permit Amendment and Coastal
Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan Amendment, Conditional Use Permit Amendment
and Coastal Development Permit 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
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 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 all requirements of law.
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
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 Site Development Plan Amendment, Conditional
PC RESO NO. 7098 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Use Permit Amendment and Coastal Development Permit, (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.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of the Site
Plan reflecting the conditions approved by the final decision-making body.
7. 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 format (including
any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division 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 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. 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.
11. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition,
free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the
optimum amount of water to the landscape for plant growth without causing soil erosion and
runoff.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
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 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
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 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 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.
PC RESO NO. 7098 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan Amendment, Conditional Use Permit Amendment and Coastal
Development Permit by Resolution No. 7098 on the property. Said Notice of Restriction shall
note the 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 City Planner 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 the
Developer or successor in interest.
16. CUP 204(F) shall be reviewed by the City Planner annually to determine if all conditions of this
permit have been met and that the use does not have a substantial negative effect on
surrounding properties or the public health, safety and general welfare. If the City Planner
determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or
2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use
Permit is being or recently has been exercised contrary to any of the terms or conditions of
approval or the conditions of approval have not been met; or 4) the use for which such approval
was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional
Use Permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole
or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions.
17. This Conditional Use Permit is granted without an expiration date. This permit may be revoked
at any time after a public hearing, if it is found that the use has a substantial detrimental effect
on surrounding land uses and the public’s health and welfare, or the conditions imposed herein
have not been met.
18. All roof appurtenances, including air conditioners, shall be 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.
19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
20. 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 the City Planner
of an Outdoor Storage Plan, and thereafter comply with the approved plan.
21. This approval supersedes the approval of CUP 204(E)x1 and replaces Planning Commission
Resolution No. 6890.
22. Prior to issuance of a building permit, evidence that interior building noise levels for the
school will be mitigated to 45 dBA CNEL shall be submitted to the City Planner.
PC RESO NO. 7098 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building or grading permit
whichever occurs first.
General
23. 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 for the
proposed haul route.
24. 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 and will
continue to be available until time of occupancy.
25. Prior to the approval of a building permit, the developer shall complete processing of a lot line
adjustment to consolidate Parcel 1 and 2 of PM 3980 or process for recordation a covenant of
easement, an executed agreement or other suitable instrument recorded with the County
Recorder that allows shared parking, drainage and access between said Parcels 1 and 2, all
subject to the city engineer’s approval.
26. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan and preliminary utility plan reflecting the 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 engineer and project planner prior to
submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first.
27. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition
onsite.
28. The property owner shall conduct student drop-off and pick-up in accordance with the
proposed site circulation plan on Sheet No. 04 of the approved site plan, unless otherwise
approved by the city engineer.
Fees/Agreements
29. 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.
30. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
31. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
PC RESO NO. 7098 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
32. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
Grading
33. 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, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
34. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near
the end of 2015, and likely affect the design of this project. Prior to construction, Developer
shall demonstrate compliance if grading has not commenced before the date the new
stormwater requirements are effective.
35. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
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 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 stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
36. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the
satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city’s latest fee schedule.
37. This project is subject to ‘Priority Development Project’ requirements. Developer shall 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 requirements per the
city’s Standard Urban Storm Water Management Plan (SUSMP), 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 ensure that runoff from impervious areas (roofs,
pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule.
38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, treatment
control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
39. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with Hydromodification requirements per the city’s SUSMP, latest version.
Documentation shall be included within the Storm Water Management Plan (SWMP).
PC RESO NO. 7098 -11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dedications/Improvements
40. Developer shall design the private drainage systems, as shown on the site plan to the
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.
41. Unless otherwise directed to install private water facilities by the Carlsbad Municipal Water
District Engineer, the Developer shall prepare and process public improvement plans and, prior
to city engineer 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 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:
A. Public water and fire hydrant facilities.
42. Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
43. 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 completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
44. Prior to the issuance of a grading permit, the developer shall obtain written approval from
SDG&E to allow the proposed development to encroach within their easement, recorded
January 11, 1952, per Recording No. 3757 Book 4341 Page 543 of Official Records.
Utilities
45. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
46. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
47. 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.
. . .
. . .
. . .
PC RESO NO. 7098 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
48. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 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.
49. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
50. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
51. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
52. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
53. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
54. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
56. Any signs proposed for this development shall at a minimum be designed in conformance with
the City’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .