Loading...
HomeMy WebLinkAbout2016-12-07; Planning Commission; Resolution 7219 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 MINOR MASTER PLAN AMENDMENT MP 178(J) TO MODIFY DEVELOPMENT STANDARDS WITHIN PLANNING AREA 13 OF THE BRESSI RANCH MASTER PLAN, AND A CONDITIONAL USE PERMIT AMENDMENT FOR THE REMOVAL OF ONE MODULAR ADMINISTRATION BUILDING AND REPLACING IT WITH THE DEVELOPMENT OF A 14,736 SF THEATER BUILDING, THE DEVELOPMENT OF A 15,833 SF LIBRARY, THE ADDITION OF 27 SURFACE PARKING SPACES, THE DEVELOPMENT OF AN UNDERGROUND PARKING GARAGE WITH 164 SPACES AND THE RELOCATION OF A SPORTS FIELD TO THE ROOF DECK OF THE PARKING GARAGE ON PROPERTY LOCATED WITHIN PLANNING AREA 13 OF THE BRESSI RANCH MASTER PLAN AND GENERALLY LOCATED NORTH OF GREENHAVEN DRIVE, SOUTH OF BRESSI RANCH WAY, EAST OF OPEN SPACE AREA 3 AND WEST OF EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. THE PROJECT IS WITHIN THE SCOPE OF A PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION. CASE NAME: PACIFIC RIDGE SCHOOL CASE NO.: MP 178(J)/CUP 06-11(C) WHEREAS, Pacific Ridge School, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as Parcel A of Certificate of Compliance recorded June 3, 2011 as File no. 2011-0284871, official records, being all of Parcels 2, 3, and 4 of Parcel Map 19958 as filed in the office of the County recorder of San Diego on March 27, 2006 as File no. 2006-0209765 as described in Certificate of Compliance No. CE 09-08 dated August 14, 2009 and filed in the office of the County Recorder of said county on August 24, 2009 as file no. 2009-0473458 (“the Property”); and WHEREAS, said verified application constitutes a request for a Minor Master Plan Amendment and Conditional Use Permit Amendment as shown on Exhibit(s) “MP 178(J)” and “A-CC” dated December 7, 2016, on file in the Planning Division, MP 178(J)/CUP 06-11(C) – PACIFIC RIDGE SCHOOL, as provided by Chapter 21.38 and 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 7, 2016, hold a duly noticed public hearing as prescribed by law to consider said request; and PLANNING COMMISSION RESOLUTION NO. 7219 PC RESO NO. 7219 -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, 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 CUP. WHEREAS, on November 6, 2013, the Planning Commission approved CUP 06-11(B), as described and conditioned in Planning Commission Resolution No. 7020, WHEREAS, on February 4, 2009, the Planning Commission approved MP 178(G), as described and conditioned in Planning Commission Resolution No. 6531, 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 Commission APPROVES MP 178(J)/CUP 06-11(C) – PACIFIC RIDGE SCHOOL, based on the following findings and subject to the following conditions: Findings: Minor Master Plan Amendment 1. That the Master Plan Amendment is minor in nature as the amendment to modify the allowed height of buildings with a less than 3:12 roof pitch to 30 feet and buildings with a roof pitch of 3:12 or greater to 40 feet by approval of a conditional use permit and to allow an onsite campus oriented digital marquee sign will not change the densities or boundaries of the subject property, or involve an addition of a new use or group of uses not shown on the original Master Plan, or the rearrangement of uses within the Master Plan. The Master Plan is modified per Exhibit “MP 178(J).” Conditional Use Permit 1. 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, and Bressi Ranch Master Plan, in that the buildout of the private school will provide additional educational opportunities for the residents of Carlsbad that are currently not available. The project furthers the goals of the General Plan and Bressi Ranch Master Plan by providing a land use that helps create a balanced and integrated community, and through its central location, allows easy access for the residents of Bressi Ranch and Carlsbad as a whole. All necessary public streets serving the Bressi Ranch Master Plan have been constructed by the master developer which satisfies the Mobility Element. The project is consistent with the Carlsbad Noise Manual in that the project has been conditioned that the building closest to El Fuerte Street, the theater building, shall mitigate interior noise levels to 45 dBA CNEL through construction techniques. PC RESO NO. 7219 -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 2. 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 residences located south of the site are separated from the existing athletic field by a 50 foot or greater landscape buffer as well as a vertical separation of over 20 feet. Residences to the west are separated from the site by over 150 feet of vertical grade difference together with an intervening open space lot with a width of 500 feet or greater. 3. 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 buildout plans for the school demonstrate that the proposed school buildings, underground parking garage with an athletic field on top, and other required parking and landscaping can fit within the boundaries of the developable portion of the property without the need to encroach into the required setbacks. Adequate parking will be provided for each phase of the development and the site circulation system will allow for safe and adequate drop- off and pick-up of students. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed buildout of the private school would result in 208 new Average Daily Trips (ADT). Current ADT on El Fuerte Street (a secondary arterial) which has been constructed to carry volumes of between 10,000 and 20,000 ADT is 7,771. The addition of 208 new ADT to El Fuerte Street will not have an adverse effect and represents a 0.03% increase. 5. 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 December 7, 2016 including, but not limited to the following: a. Land Use – The private school is an allowed land use by Conditional Use Permit and is designed to minimize potential incompatibilities with surrounding residential and commercial land uses. b. Mobility – The proposed project will not adversely impact the traffic circulation in that the two existing driveways will be maintained and the parking lot has been designed to meet the minimum fire access requirements. In addition, the proposed project additional 208 ADT at buildout will not adversely impact the levels of service of the surrounding roadways and key intersections, which are operating at an acceptable level of service. c. Noise – The proposed buildings are enclosed structures, noise generated by the proposed use will be contained and noise impacts to the building closest to El Fuerte Street, the theater building, will be mitigated through construction techniques to an interior noise level of 45 dBA CNEL. d. Public Safety – The project is accessible to emergency services through two points of access and fire hydrant and flow requirements have been met, and the surrounding open space area provides the required Fire Protection Zone buffers. 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 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 PC RESO NO. 7219 -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 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. 7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 8. The City Planner has determined that: a. this project is within the scope of a Mitigated Negative Declaration (MND) that was previously adopted for CUP 06-11(A) and CUP 06-11(B) Pacific Ridge School Expansion, and b. this project is consistent with the project cited above; c. the MND for CUP 06-11(A) and CUP 06-11(B) Pacific Ridge School Expansion , was certified in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant in the prior MND; e. none of the circumstances requiring a Subsequent MND or a Supplemental MND under CEQA Guidelines Sections 15162 or 15163 exist. 9. The Planning Commission finds that all feasible mitigation measures identified in the Mitigated Negative Declaration adopted for CUP 06-11(A) and CUP 06-11(B) Pacific Ridge School Expansion which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 10. 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 grading permit, building permit or recordation of final map, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 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 Master Plan Amendment and Conditional Use Permit Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Master Plan Amendment and Conditional Use Permit 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. PC RESO NO. 7219 -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 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 shall implement, or cause the implementation of, the applicable mitigation measures of the previously adopted CUP 06-11(A)/CUP 06-11(B) Pacific Ridge School Expansion Project Mitigation Monitoring and Reporting Program, and shall implement or comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Bressi Ranch Master Plan Final EIR 98-04, contained in Planning Commission Resolution No. 5201. 6. 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 Master Plan Amendment and Conditional Use Permit Amendment, (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. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 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 17 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 the library innovation building and theater within eight years and the parking garage and sports field within ten years from the date of project approval. 11. 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 PC RESO NO. 7219 -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 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. 12. 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. 13. 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. 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 17, 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. 15. Prior to the issuance of a 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(n) Master Plan Amendment and Conditional Use Permit Amendment by Resolution(s) No. 7219 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 06-11(C) 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 PC RESO NO. 7219 -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 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. Developer shall submit and obtain City Planner approval of an exterior lighting plan including decorative and security lighting for the exterior of buildings, parking areas, and sports field. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Lighting for night time sports field activities shall not be permitted, unless an amendment to CUP 06-11(C) is approved by the Planning Commission. 22. This approval supersedes the approval of CUP 06-11(B) and replaces Planning Commission Resolution No. 7020. 23. School enrollment shall be limited to 700 students and 130 staff persons. 24. School hours of operation shall be limited to those listed below: a. School instructional activities – regularly Monday through Friday 8:00 a.m. to 3:30 p.m. b. Extracurricular activities – Monday through Friday: regularly 3:30 p.m. to 6:00 p.m., Saturdays: regularly 8:00 a.m. to 6:00 p.m., Sundays: occasionally 8:00 a.m. to 6:00 p.m. Occasional evening events, limited to an average of one a month, may occur Monday through Sunday until 11:00 p.m. c. All outdoor activities using the sports field shall end no later than dusk. d. Digital Marquee Sign – Use (Message display) of the digital marquee sign shall be limited to the hours between 7:00 a.m. and 10:00 p.m. daily. Additionally, all evening outdoor activities/events are limited to the plaza areas central to the school buildings. Any modification to the intensity of the proposed activities and/or the hours of operation shall require an amendment to CUP 06-11(C), as determined by the City Planner. 25. Prior to issuance of a building permit, evidence that interior building noise levels for the theater building will be mitigated to 45 dBA CNEL shall be submitted to the City Planner. 26. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the Bressi Ranch Master Plan MP178(J), in addition to the required number of bound copies. PC RESO NO. 7219 -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 Engineering Conditions General 27. 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. 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 and will continue to be available until time of occupancy. 29. All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary during discretionary review and are subject to additional review and modification during final design. Fees/Agreements 30. 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. 31. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 32. 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. Grading 33. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, 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 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. 35. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 36. 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 (TIER 3 SWPPP). The TIER PC RESO NO. 7219 -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 3 SWPPP shall comply with current requirements and 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 extent practicable. 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 Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP 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. Improvements 39. Developer shall design all proposed public improvements including but not limited to, water services and meters, etc. as shown on the site plan. These improvements shall be shown on one of the following, subject to city engineer approval: a. Grading plans processed in conjunction with this project; or b. Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 40. Developer shall design and agree to 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. 41. 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. 42. Developer shall design the on-site fire service, as shown on the site plan, to the satisfaction of the Fire Marshal. 43. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 44. 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. Prior to completion of grading, the final structural pavement design of the access aisles shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. PC RESO NO. 7219 -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 Utilities 45. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire flows, fire hydrants and building sprinklers) required to serve the project. 46. Developer shall design and agree to construct public facilities 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. 47. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 48. 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 Department for processing and approval by the district engineer. 49. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 50. The developer shall agree to 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. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 51. 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. 52. 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. 53. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 54. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 17 as required by Carlsbad Municipal Code Section 21.90.050. 55. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 56. 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. 57. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. PC RESO NO. 7219 -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 58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 59. Digital Marquee signage proposed for this development shall at a minimum be designed in conformance with the Bressi Ranch Master Plan and all other general signage shall at a minimum be designed in conformance with City Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . EXHIBIT MP 178(J) I. COMMERCIAL/COMMUNITY FACILITIES DEVELOPMENT STANDARDS & DESIGN GUIDELINES Development in Planning Areas 13 and 15 shall be compatible with and complimentary to the residential development of the Bressi Ranch Master Plan that it serves. Elements and design features from the residential design guidelines shall be incorporated into the design and development of these planning areas. All signage shall be compatible in appearance and scale with the adjacent buildings and designed in conformance with the requirements of Chapter 21.41 of the Carlsbad Municipal Code. A. Individual Planning Area Standards 1. Planning Area 13 Description Planning Area 13 is located north of Planning Area 12, east of Open Space Area 3, and to the west of El Fuerte Street. Planning Area 13 has a gross area of 13.7 acres and a net developable area of 13.6 acres (see Exhibit VIII-1 on page 2). Implementation of Master Plan Vision and Goals Planning Area 13 will be developed with community facilities to serve the residents of the Bressi Ranch Master Plan in accordance with Goals 1 and 2 of the Master Plan. A recreational vehicle storage area shall be provided in the northern portion of Planning Area 13. Subject to approval of a Conditional Use Permit a private school may be located in Planning Area 13. If a school campus is not developed on this site the entire 13.6 net acres of Planning Area 13, not including the recreational vehicle storage area, shall be developed with community facilities as permitted by Section 21.25.050 of the Carlsbad Municipal Code. Exhibit I-1 Planning Area 13 (Remainder of page intentionally left blank) General Plan & Zoning General Plan Land Use: Community Facilities / Private School (CF/P) Zoning: Community Facilities (C-F) Discretionary Permits Required for Development All development proposals shall be processed in conformance with the requirements of the Carlsbad Municipal Code as detailed in Chapter VI of this Master Plan. Uses Allowed Day care facilities are permitted subject to approval of a Site Development Plan. The following community facilities are permitted subject to approval of a Conditional Use Permit:  Churches, synagogues, temples, and other places of worship  Religious reading room (separate from church structure)  Welfare and charitable services (private or semi-private) with no permanent residential uses (e.g. Goodwill, Red Cross, Travelers Aid)  Social clubs (non-commercial)  Fraternal associations and lodges (except college fraternities/ sororities)  Youth organizations (e.g., Boy Scouts, Girl Scouts, Boys’ and Girls’ Clubs, YMCA and YWCA facilities except lodgings)  Civic associations (e.g., League of Women Voters, etc.)  Veterans’ organizations (including meeting facilities)  Adult and/or senior day care and/or recreation facility (private or non-private)  Other uses of a similar character as determined by the Planning Director to be community facilities uses  Private school temporary relocateable buildings may be allowed on an interim basis for the private school similar to those used for public schools subject to approval of a Conditional Use Permit.  Recreational vehicle storage Design Criteria  All buildings shall be designed and located so as to provide an attractive appearance from El Fuerte Street.  A strong pedestrian connection shall be provided from Planning Area 13 to the other portions of the Master Plan.  The recreational vehicle storage area shall be screened from the adjacent community facilities by berming and/or landscaping. Adequate screening shall also be provided to screen the RV storage area from motorists on El Fuerte Street. Development Standards In addition to complying with all applicable requirements of the Community Facilities (C-F) Zone, development in Planning Area 13 shall comply with the following standards:  Setbacks from El Fuerte Street - All structures shall maintain a thirty (30) foot setback from the El Fuerte Right-of-Way. Parking, drive aisles and walls over 42” in height shall maintain a fifteen (15) foot setback from El Fuerte Street.  Interior Side & Rear Yard Setbacks - All structures shall maintain a ten (10) foot setback from all interior lot lines. Parking and drive aisles shall maintain a minimum five (5) foot setback from all interior lot lines.  Building Separations – A minimum ten (10) foot separation shall be maintained between all single story units, with a maximum plate height of fifteen (15) feet. All other structures shall maintain a minimum twenty (20) foot building separation.  Parking – Parking shall be provided in accordance with the requirements of Chapter 21.44 of the Carlsbad Municipal Code.  Lot Size – Except for a recreational vehicle storage lot, no lots less than one acre in size shall be permitted in Planning Area 13.  RV Storage - The RV storage lot shall provide at least 10,460 square feet of storage area (exclusive of driveways and approaches). This equates to 20 square feet of RV storage for each market rate residential unit built in the Bressi Ranch Master Plan.  Building Height - Subject to the approval of a conditional use permit: the maximum building height shall be 30 feet measured to the peak of a structure with a flat roof; or a rooftop with less than a 3:12 roof pitch. The maximum building height shall be 40 feet measured to the peak a structure with a roof pitch of 3:12 or greater and provided that all setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction above thirty-five feet. Protrusions above these height limits are allowed for features outlined in 21.46.020 of the zoning ordinance of the city’s municipal code.  Solar Panels - Solar panel use and installation is allowed for any structure or building on the Pacific Ridge School campus through the administrative staff review and approval process associated with the ministerial issuance of a city building permit.  Marquee Signage: The City Planner may allow the installation and operation of Marquee Sign Display subject to the following criteria: A Marquee Sign using digital LED display may be used within Planning Area13 only if used in conjunction with the operation of a private school consistent with the Community Facilities provisions of the Bressi Ranch Master Plan. The Marquee Sign may be located within the private school campus in a location that does not (a) impact vehicular or pedestrian circulation; (b) affect emergency response access or operation; (c) create sight-distance impacts for onsite vehicular movements; (d) create non-compliance with any development standards for the private school, including but not limited to, ADA provisions or landscape coverage; (e) create impacts to offsite properties; or; (f) is not directed towards any adjacent public streets The Marquee Sign shall not exceed: six feet in total height including any foundation or supporting elements; 84 inches in diagonal display dimension, or; 25 square feet in total sign display area. City Planner approval shall be based on review of a site plan to assess proposed location; elevation plans to assess height, sign dimensions, materials, and colors, and; commercial product specifications to assess signage elements and operational details. City Planner approval is contingent upon compliant operation of the Marquee Sign and is subject to enforcement over time within the context of the private school’s Conditional Use Permit to address any non-compliance or operational issues including the City Planner’s ability to require sign abatement and removal if conformance issues cannot be resolved.