HomeMy WebLinkAbout2017-08-16; Planning Commission; Resolution 7261
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN AMENDMENT AMEND
2017-0003 AND CONDITIONAL USE PERMIT CUP 2017-0002 TO ALLOW A
MOVIE THEATER WITH BAR/COCKTAIL LOUNGE AND A 6.7 PERCENT
PARKING REDUCTION IN PLACE OF A PREVIOUSLY APPROVED RETAIL DRUG
STORE ON BUILDING PAD 5 OF THE LA COSTA TOWN SQUARE SHOPPING
CENTER LOCATED AT 3434 VIA MERCATO NEAR THE INTERSECTION OF LA
COSTA AVENUE AND RANCHO SANTA FE ROAD WITHIN NEIGHBORHOOD
13A OF THE LA COSTA MASTER PLAN AND LOCAL FACILITIES MANAGEMENT
ZONE 11. THE CITY PLANNER HAS DETERMINED THAT THE POTENTIAL
ENVIRONMENTAL EFFECTS OF THE PROJECT WERE ADEQUATELY ANALYZED
BY THE PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT (EIR) AND
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE
CONSTRUCTION OF LA COSTA TOWN SQUARE (EIR 01-02)
CASE NAME: LA COSTA TOWN SQUARE BUILDING 5 THEATER
CASE NO.: AMEND 2017-0003/CUP 2017-0002 (DEV01024)
WHEREAS, TRC Retail, “Developer/Owner,” has filed a verified application with the City
of Carlsbad regarding property described as
Lot 5 of Carlsbad Tract No. 01-09, Map No. 15998, in the City of Carlsbad,
County of San Diego, State of California, filed in the office of the County
Recorder of San Diego County, November 5, 2014 as file No. 2014-
0481838, of official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan
Amendment and Conditional Use Permit as shown on Exhibit(s) “A” – “N” dated August 16, 2017, on file
in the Planning Division, AMEND 2017-0003/CUP 2017-0002 – LA COSTA TOWN SQUARE BUILDING 5
THEATER, as provided by Chapter 21.06 and 21.42 of the Carlsbad Municipal Code; and
WHEREAS, on September 15, 2009, the City Council approved SDP 01-04 – LA COSTA
TOWN SQUARE, as described and conditioned in Planning Commission Resolution No. 6588; and
WHEREAS, the Planning Commission did, on August 16, 2017, 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 and Conditional Use Permit.
PLANNING COMMISSION RESOLUTION NO. 7261
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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 AMEND 2017-0003/CUP 2017-0002 – LA COSTA TOWN SQUARE BUILDING
5 THEATER based on the following findings and subject to the following conditions:
Findings:
Site Development Plan – AMEND 2017-0003
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 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 traffic circulation, in that the
various goals and objectives of the General Plan will be implemented since the proposed project
is within an approved Master Plan, MP 149(R) (La Costa Town Square Master Plan), which was
found to be consistent with the General Plan. The Mediterranean/Tuscan architectural design
is consistent with MP 149(R), and the proposed movie theater design is architecturally
compatible with the neighboring building. Land uses surrounding the site are residential to the
north, undeveloped land to the south, commercial and residential to the west, and residential
to the east. LCTS shopping center provides adequate parking spaces for all existing uses onsite
and will be able to accommodate a change in a use for the construction and operations of a
movie theater.
2. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the proposed movie theater with bar/cocktail lounge complies with the required
development and design standards of Master Plan 149(R), including required setbacks, lot
coverage, parking, and building height.
3. 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 movie theater’s with bar/cocktail lounge
are a conditionally permitted use in the Local Shopping Center zone and consistent with the
local shopping center General Plan Land Use designation. The project has been designed in
accordance with all development and design standards of Master Plan 149(R); therefore, the
project is compatible with existing permitted and future uses. Specifically, the proposed movie
theater building will be set back a minimum of 75’ from Rancho Santa Fe Road and includes an
average 40’ wide landscaped setback between the rear of the movie theater and the public
road. In addition, adequate room is provided for fire trucks and emergency response vehicles.
Existing are three ingress access points, and two egress access points within the shopping center
to provide for safe and convenient access to the site. In addition, bike lanes exist adjacent to
the site, on the north side of Rancho Santa Fe Road.
4. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that primary access to the site will continue to be
provided from La Costa Avenue, Rancho Santa Fe Road and Via Mercato. The street system
serving the proposed use will be adequate to handle the traffic generated by the proposed use
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because Rancho Santa Fe Road is fully constructed and improved as part of the LCTS shopping
center including the signalized intersection at Rancho Santa Fe Road and La Costa Avenue.
Rancho Santa Fe Road includes full width right-of-way, curb, gutter, decomposed granite
pedestrian trail, bus stop with bench, landscaped parkway and a noise attenuation sound wall.
Conditional Use Permit – CUP 2017-0002
5. 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 proposed movie theater
with bar/cocktail lounge will allow the local shopping center to supplement its principal
function of providing the local neighborhood with daily goods and services by also including an
entertainment venue that caters to all age groups, as well as visually and economically
enhancing the shopping center environment. The project will result in development of a
currently vacant building pad, directly increasing tax revenues and providing additional jobs.
Indirectly, by increasing foot traffic to the area, theater patrons will support neighboring
businesses in the LCTS shopping center, particularly food and beverage vendors who offer
complementary goods to theater patrons.
6. 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 proposed movie theater with
bar/cocktail lounge will complement the existing uses within the shopping center by providing
additional patrons to dine, shop, and be entertained in a central location.
7. 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 building height, parking, setbacks and landscaping are in compliance with all applicable
provisions of MP 149(R), zoning ordinance and policies of the General Plan. Therefore, the
movie theater with bar/cocktail lounge will not conflict with CMC Section 21.42.
8. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the Final Environmental Impact Report conducted for the
development of LCTS shopping center analyzed traffic in accordance with the SANDAG
Congestion Management Program guidelines and the City of Carlsbad Growth Management
Plan Guidelines. Traffic was analyzed by the total square footage of all commercial uses onsite,
which was 284,400 SF. With the amendment to the site development plan to allow the
proposed movie theater, the total square footage of the shopping center will decrease to
280,692 SF. The original EIR determined that the street system serving the LCTS shopping center
had a Level of Service (LOS) A – the highest level available. Changing a single building pad’s use
from a retail drug store to a movie theater is not anticipated to change the LOS significantly.
9. That the proposed use complies with all development standards and special regulations for bars
and cocktail lounges listed in Section 21.42.140(B)(20) of the Carlsbad Municipal Code and
findings can be made to support such use.
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Additional Standards and Special Regulations for Bars and Cocktail Lounges
10. An opening shall be provided through which an unobstructed view of the interior of the premises
can be obtained from the exterior of the building in that construction materials used (glass
windows and doors) will be clear and unobstructed, thus allowing visibility from the outside.
11. Parking shall be provided at the rate of not less than one space per fifty square feet of gross floor
area. Since the bar/cocktail lounge is within the movie theater, its use is ancillary to the movie
theater. Thus, the parking requirements will be administered by the parking provided for the
movie theater, which is one parking space for every five seats. With the proposed 850 theater
seats, 170 parking spaces are required to accommodate the use. The parking study analysis for
the project concluded that of the 1,309 parking spaces available in the LCTS shopping center
after construction of the theater (assuming 15 percent parking reduction), only 738 are
expected to be occupied based on the use of other businesses in the shopping center, leaving
571 spaces available. Therefore, there will still be more than adequate parking for the movie
theater (170 parking spaces) as well as a surplus of spaces for futures uses.
12. Surrounding grounds, including parking areas, shall be maintained in a neat and orderly condition
at all times as the proposed theater would be sited within the existing LCTS shopping center,
which is professionally maintained by a property management. The property management
company’s goal is to ensure that the shopping center is maintained in a neat and orderly
condition at all times. Additionally, the proposed CUP will be subject to annual review and
periodic monitoring by the city for compliance with the conditions of approval. Monitoring may
include but is not limited to inspection, and reporting on the condition and environment of the
project grounds and parking areas.
13. Any structure housing such operation shall meet all applicable code provisions prior to occupancy
in that the interior of the theater with a bar/cocktail lounge is subject to building permit
approval and inspection, for which all applicable code provisions will be required and inspected
for compliance prior to occupancy or exercise of the proposed use.
14. Licensee or agent shall not permit open containers of alcoholic liquor to be taken from the
premise in that the proposed bar/cocktail lounge use is intended for the on-site sale and
consumption of alcoholic beverages and is subject to review, licensing, and enforcement by the
Department of Alcoholic Beverage Control (ABC) for the State of California. The use has been
conditioned that the sale, service and consumption of alcoholic beverages will be confined to
the interior of the theater and does not allow for alcoholic beverages in general to be taken
from the premise.
15. No bar or cocktail lounge shall be located within five hundred feet of any other bar or cocktail
lounge in that no other bar or cocktail lounge is located within five hundred feet of the proposed
use.
16. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city’s General Plan and the La Costa Master Plan based on the facts set forth
in the staff report dated August 16, 2017 including, but not limited to the following:
A. Land Use and Community Design – Movie theaters with ancillary alcohol service in local
commercial shopping centers serve local residents and draw customers from
throughout the city, generating revenue and jobs, and providing an entertainment use
that is characteristic of a local shopping center under Land Use Element Table 2-4. The
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Mediterranean/Tuscan architectural design is consistent with MP 149(R), and the
proposed movie theater design is architecturally compatible with the adjoining
building;
B. Mobility – Pursuant to the parking study prepared by Urban Systems Associates, Inc.
(April 2017), the project generates 296 average daily trips (ADT) less than the approved
ADT of LCTS shopping center; traffic generated by the proposed uses will not adversely
impact nearby intersections; the project is designed to meet all circulation
requirements; and bike facilities will be provided onsite. The project site is located
approximately 1/8 mile from a North County Transit District bus stop located on Rancho
Santa Fe Road which provides service throughout the day. The project’s close proximity
to the bus stop will provide employees and moviegoers the opportunity to travel to the
theater by bus, thereby reducing vehicle miles traveled (VMTs) and greenhouse gas
emissions;
C. Public Safety – The proposed building is designed to be in conformance with drainage,
flood control and seismic design standards. In addition, adequate fire access is provided
at all points around the building; and
D. Sustainability – To comply with the City’s Climate Action Plan (CAP) the applicant is
proposing to install 489 photovoltaic panels, bike racks, a minimum of two electric
vehicle parking spaces, and implement a Traffic Demand Management Program to
decrease onsite greenhouse gas emissions. This will satisfy the requirements of the CAP
and be consistent with this goal and policy.
General
17. That the City Planner has determined the potential environmental effects of the project were
adequately analyzed by the previously Certified Environmental Impact Report EIR 01-02 for the
construction of a mixed-use center (La Costa Town Square) on 83.07 acres. No additional
environmental review is required. The approval of a Site Development Plan Amendment
(AMEND 2017-0003) and Conditional Use Permit (CUP 2017-0002) to amend the Site
Development Plan to convert a retail drug store to a movie theater with a bar/cocktail lounge
and a parking reduction of 6.7 percent will not cause a significant effect on the environment.
18. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 11 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection 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.
19. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
20. 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.
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
building permit or grading 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 and Conditional Use 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 and Conditional Use 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 shall implement, or cause the implementation of Project Mitigation Monitoring and
Reporting Program included in Planning Commission Resolution No. 6577, dated July 15, 2009.
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 Site Development Plan Amendment and Conditional
Use 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.
7. 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.
8. Developer/Owner 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,
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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) Site Development Plan Amendment and
Conditional Use Permit by Resolution No. 7261 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.
9. CUP 2017-0002 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.
10. 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.
11. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
12. Developer shall construct, install and strip the requisite number of parking stalls for each
phase and not less than 1,309 parking spaces at project buildout.
13. Staff is authorized and directed to make, or require the Developer to make, all corrections 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 development, different
from this approval, shall require an amendment to this approval.
14. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
15. 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.
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16. 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
11, 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.
17. 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.
18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project’s building
improvement, and grading plans.
19. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
20. This approval is granted subject to EIR 01-02 and the Conditions and Mitigation Monitoring and
Reporting Program contained in Planning Commission Resolution No. 6577 for those other
approvals incorporated herein by reference.
Engineering:
General
21. 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.
22. 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.
23. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property owner
shall maintain this condition.
24. Developer shall include rain gutters on the building plans subject to the City Engineer’s review
and approval. Developer shall install rain gutters in accordance with said plans.
Fees/Agreements
25. 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.
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26. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
27. 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
28. 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.
Storm Water Quality
29. 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.
30. 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 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.
31. Developer shall prepare and submit an addendum Storm Water Management Plan (SWMP),
subject to City Engineer approval, to demonstrate that the design of this project is consistent
with the design assumptions in the previously approved SWMP prepared by O’Day Consultants
dated July 1, 2013 for La Costa Town Square Commercial, CT 01-09, and that no design changes
are necessary to the existing bioretention BMPs per approved rough grading plan, DWG 409-4C.
32. 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, and Low Impact Design (LID) facilities.
Dedications/Improvements
33. 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.
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Utilities
34. 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 public water mains to
the satisfaction of the water district engineer.
35. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
36. 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 Olivenhain Municipal Water District.
37. Developer shall install potable water services and meters at locations approved by the Olivenhain
Municipal Water District. The locations of said services shall be reflected on public improvement
plans.
38. The developer shall install sewer laterals and clean-outs at locations approved by Leucadia
Wastewater District. The locations of sewer laterals shall be reflected on public improvement
plans.
39. The developer shall meet and obtain approval from Olivenhain Municipal Water District for the
proposed water and recycled water facilities to serve this project.
40. The developer shall meet and obtain approval from Leucadia Wastewater District for the
proposed sewer facilities to serve this project.
Code Reminders
41. Developer shall pay traffic impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff
report and shown on the tentative map are for planning purposes only.
42. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
43. 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.
44. 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.
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45. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
46. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on August 16, 2017, by the following vote, to wit:
AYES: Chairperson Segall, Commissioner Anderson, Black, Goyarts,
Montgomery, Rodman and Siekmann
NOES:
ABSENT:
ABSTAIN:
JEFF~--.... ,
CARLSBAD PLANNING COMMISSION
ATIEST:
DON NEU
City Planner
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