HomeMy WebLinkAbout2009-02-04; Planning Commission; Resolution 65321 PLANNING COMMISSION RESOLUTION NO. 6532
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT FOR THE
4 PACIFIC RIDGE SCHOOL TO ALLOW A PHASED CAMPUS
5 MASTER PLAN THAT INCLUDES DEVELOPMENT OF A
PERMANENT HIGH SCHOOL BUILDING, GYMNASIUM,
6 AND ATHLETIC FIELD; THE TEMPORARY USE OF
MODULAR AND MOBILE BUILDINGS; AND A PROPOSED
7 COMMUNITY FACILITY PLAN FOR PROPERTY LOCATED
WITHIN PLANNING AREA 13 OF THE BRMP AND
8 GENERALLY LOCATED NORTH OF GREENHAVEN DRIVE,
9 SOUTH OF BRESSI RANCH WAY, EAST OF OPEN SPACE
AREA 3 AND WEST OF EL FUERTE STREET IN LOCAL
10 FACILITIES MANAGEMENT ZONE 17.
CASE NAME: PACIFIC RIDGE SCHOOL EXPANSION
11 CASE NO.: CUP 06-11 (A)
12 WHEREAS, PRS Acquisition and Construction, LLC, "Developer", has filed a
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verified application with the City of Carlsbad regarding property owned by PRS Acquisition
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and Construction, LLC, "Owner", described as
15 Parcel "A" (Formerly Parcels 2 and 3 of Parcel Map No
19958), as shown on Exhibit "B" attached to Certificate of
17 Compliance for Adjustment Plat recorded December 24, 2007
as Instrument No. 2007-0789135 of Official Records,18
j 9 Together with property owned by Corporation of the Presiding Bishop of the Church of Jesus
20 Christ of Latter-Day Saints, a Utah Corporation Sole, "Owner", described as
2! Parcel 4 of City of Carlsbad MS 04-19, in the City of Carlsbad,
-,., County of San Diego, State of California, according to Map
thereof No. 19958 recorded in the Office of the County
23 Recorder of said county on March 27, 2006
24 ("the Property"); and
25 WHEREAS, said verified application constitutes a request for a Conditional Use
26 Permit Amendment as shown on Exhibits "A" - "NN" dated February 4, 2009, on file in the
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Planning Department PACIFIC RIDGE SCHOOL EXPANSION - CUP 06-11(A), as
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provided by the conditions of approval of CUP 06-11 and Chapter 21.42 and/or 21.50 of the
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Carlsbad Municipal Code; and
3
WHEREAS, the Planning Commission did, on February 4, 2009, hold a duly4
r noticed public hearing as prescribed by law to consider said request; and
6 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
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relating to the CUP amendment; and
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WHEREAS, on January 3, 2007, the Planning Commission approved
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CUP 06-11, as described and conditioned in Planning Commission Resolution No. 6222.
12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
13 Commission of the City of Carlsbad as follows:
14 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
16 APPROVES PACIFIC RIDGE SCHOOL EXPANSION - CUP 06-11(A)
based on the following findings and subject to the following conditions:
17
Findings:18
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan and
20 the Bressi Ranch Master Plan, in that the expansion of the private school will provide
additional educational opportunities for the residents of Carlsbad that are currently
not available. The proposed Community Facility Plan will provide a unique
opportunity for the surrounding residents to have a shared use of the school
facilities. The proposed Community Facility Plan provides a variety of typical
23 community facility uses that will be used to satisfy the remaining CF requirements
of the Bressi Ranch Master Plan. The project furthers the goals of the General Plan
24 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. The project proposes the
temporary use of modular and mobile buildings which will allow for the continued
operation of the school while the permanent buildings are under construction. In
27 accordance with Carlsbad Municipal Code Chapter 21.42, the use of the mobile
buildings is limited to a five-year term, unless extended by the Planning
Commission.
PC RESO NO. 6532 -2-
2. That the requested use is use is not detrimental to existing uses or to uses specifically
2 permitted in the zone in which the proposed use is to be located, in that Planning Area
13 is intended for Community Facility and Private School uses. The proposed
3 Campus Master Plan and expansion of the school on the southern 5.5 acres, together
with the shared use of facilities to meet the remaining CF requirement, would
consist of uses that are similar in nature to other Community Facility uses, such as a
church or a child day care center, in that it involves community assemblage,
recreation facilities, and serves a social/human service need. A noise wall will be
6 constructed on the south end of the athletic field to ensure that the residential
properties to the south are not adversely affected by noise. The use of temporary
' roll-on mobile buildings and the continued use of four modular buildings will not be
detrimental to existing uses in that the temporary buildings will allow for continued
operation of the school while the permanent buildings are under construction. The
9 proposed school was previously found to be compatible, and continues to be
compatible, with the existing RV storage facility located to the north of the site and
10 with the open space uses that are located east and west of the site. The residences
located south of the site are separated from the athletic field by a 50 foot or greater
landscape buffer as well as a vertical separation of over 20 feet. Residences to the
12 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.
13
That the site for the proposed conditional use is adequate in size and shape to
14 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
Planning Commission in order to integrate the use with the other uses in the
neighborhood, in that the phasing plans for the Campus Master Plan demonstrate
that the proposed school buildings, athletic field, temporary mobile and modular
17 buildings, and 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. The project has been conditioned to limit enrollment to
20 480 students and 63 employees with the completion of the Phase II improvements. A
maximum enrollment of 540 students and 70 employees is projected at build-out.
The enrollment cap will ensure that the parking demand does not exceed the
capacity of the facilities provided. Buildings for subsequent phases, together with
increased student enrollment, will require a major amendment to the CUP to ensure
23 continued compliance with all required setbacks and development standards. The
Community Facility uses would be available either during school breaks
24 (particularly the summer break) or during the weekday evening hours when school
is not in session and will not result in an increase in the demand for parking.
£* •j
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that a Traffic Analysis Update Letter was prepared
27 for the project which demonstrates that the proposed expansion of the private
school would result in 730 Average Daily Trips (ADT) for PA 13 (including the RV
storage site) which represents a reduction of 255 ADT compared with the previously
anticipated development proposal consisting of a daycare and church together with
PCRESONO. 6532 -3-
the private school and RV storage which was anticipated to result in 985 ADT. The
2 Master Plan EIR analyzed 1,000 ADTs for Planning Area 13. The traffic associated
with the Community Facility uses would not occur concurrently with the school
3 uses, and therefore, would not result in additional traffic on the school site during
the weekday school peak periods. The school is served by El Fuerte Street (a
4 secondary arterial) which has been constructed to accommodate the trips generated
<- by the project. The on-site circulation will be modified to convert the south school
driveway to an exit only driveway (one left-turn lane and one right-turn lane), and
6 one-way pavement arrows will be provided along the west aisle drop-off/pick-up
zone to reinforce the one-way southbound circulation route through campus.
7
5. 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
9 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
10 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.
12 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
13 Code Section 14.28.020 and Landscape Manual Section IB).
14 7. 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
16 degree of the exaction is in rough proportionality to the impact caused by the project.
17 Conditions:
1 R Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
i Q building or grading permit, whichever occurs first.
20 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
21 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
23 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
24 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 Conditional Use Permit
Amendment.
26 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
27 and modifications to the Conditional Use Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
28 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
PC RESO NO. 6532 -4-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 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
c 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
6 all requirements of law.
7 5. Developer shall implement, or cause the implementation of, the Pacific Ridge School
Expansion Project Mitigation Monitoring and Reporting Program, and shall implement
or comply with all applicable mitigation measures required by the Mitigation
9 Monitoring and Reporting Program certified with the Bressi Ranch Master Plan
Final EIR 98-04, contained in Planning Commission Resolution No. 5201.
10
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
13 or indirectly, from (a) City's approval and issuance of this 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
15 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
17 approval is not validated.
18 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plans for the Campus Master Plan, Phase I, and Phase II reflecting the
conditions approved by the final decision-making body.
20
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
~~ format (including any applicable Coastal Commission approvals).
23 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
24 school facilities.
25 10. This project shall comply with all conditions and mitigation measures which are required
25 as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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11. This approval is granted subject to the approval of the Pacific Ridge School Expansion
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
and Master Plan Amendment MP 178(G) and is subject to all conditions contained in
PC RESO NO. 6532 -5-
Planning Commission Resolutions No. 6530 and 6531 for those other approvals
2 incorporated herein by reference.
3 12. The approval for the high school building shall become null and void if building
permits are not issued within one (1) year from the date of project approval and the
approval for the gymnasium building shall become null and void if building permits are
5 not issued within five (5) years from the date of project approval.
6 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.
9
14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
10 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
19 condition, free from weeds, trash, and debris.
13 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
16. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
16 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 and welfare. If
17 the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
20 17. This Conditional Use Permit is granted for a period of five (5) years from February 4,
2009 through February 4, 2014. This permit may be revoked at any time after a public
21 hearing, if it is found that the use has a substantial detrimental effect on surrounding land
22 uses and the public's health and welfare, or the conditions imposed herein have not been
met. This permit may be extended for a reasonable period of time not to exceed five (5)
23 years upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Commission may not grant such extension, unless it finds
24 that there are no substantial negative effects on surrounding land uses or the public's
health and welfare. If a substantial negative effect on surrounding land uses or the
public's health and welfare is found, the extension shall be denied or granted with
26 conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
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18. The nine (9) temporary roll-on mobile buildings shall be removed by February 4,
2011, unless the Planning Director finds that the use of the temporary roll-on
PC RESO NO. 6532 -6-
buildings can be extended administratively for a maximum of one (1) year, subject
2 to the following findings:
3 a. that Pacific Ridge School provides evidence of financial hardship;
b. the nine (9) roll-on mobile buildings and associated site improvements have
<- been well maintained; and,
6 c. there have been no substantiated and/or unresolved community complaints
related to the use or site improvements associated with the temporary roll-on
mobile buildings.
Q
19. This resolution shall supersede all conditions required as part of the approved
9 Conditional Use Permit (CUP 06-11) as contained in Planning Commission
Resolution No. 6222 which are either replaced by these conditions and/or which
10 have been satisfied previously.
20. 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
13 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
14 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.
21. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
17 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.18
22. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
20
23. Prior to the issuance of grading or building permits, Developer shall submit to the City
21 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
Planning Director, notifying all interested parties and successors in interest that the City
23 of Carlsbad has issued a(n) Conditional Use Permit Amendment by Resolution(s) No.
6532 on the property. Said Notice of Restriction shall note the property description,
24 location of the file containing complete project details and all conditions of approval as
well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
27
24. 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 Planning
PC RESO NO. 6532 -7-
Director. Enclosure shall be of similar colors and/or materials to the project, and a roof
2 shall be provided over the enclosure, to the satisfaction of the Planning Director.
3 25. 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 Planning Director of an Outdoor Storage Plan, and thereafter comply with the
5 approved plan.
6 26. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting, including security lighting at the athletic field,
' shall be designed to reflect downward and avoid any impacts on adjacent homes or
„ property. Lighting for night time athletic field activities shall not be permitted,
unless an amendment to the CUP 06-11(A) is approved.
9
27. Prior to expiration of CUP 06-11(A), the developer shall present a status report to
10 the Planning Commission that details the progress of development plans for the
permanent school buildings, the transition plans from the temporary to the
permanent buildings, existing and proposed traffic and parking operations during
12 transition and upon completion of the permanent buildings, and any other items
that the Planning Director determines should be addressed to demonstrate to the
13 Planning Commission that the construction schedule is in accordance with the
Campus Master Plan approved by CUP 06-11(A) and that the traffic circulation and
parking for the school use are adequate.
28. School hours of operation shall be limited to those listed below:
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a. School instructional activities - regularly Monday through Friday 8:00 a.m. to
17 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.
20 c. All athletic activities shall end no later than dusk.
21 Additionally, all evening outdoor activities/events are limited to the town
„„ square/dining terrace portion of the school campus. Any modification to the
intensity of the proposed activities and/or the hours of operation shall require an
23 amendment to CUP 06-11(A), as determined by the Planning Director.
24 29. The school shall implement the "Traffic Operations Plan" as described on Exhibit
"A" of this resolution.
26 30. The noise analysis report submitted for CUP 06-11(A) is specific to this project, and
any future Conditional Use Permit Amendment that significantly modifies the site
27 plan shall submit a subsequent noise analysis report.
31. During construction of the high school, the Developer shall submit a construction
fencing plan for review by the Planning, Engineering, and Fire Departments to
PCRESONO. 6532 -8-
ensure that the adequate parking is provided for the school, and that adequate
2 circulation aisles and emergency access to the site can be provided.
3 32. Prior to the final occupancy of the gymnasium, Developer shall construct, install, and
stripe eight (8) parking spaces near the gymnasium, as shown on Exhibits "A" - "NN".4
33. Prior to final occupancy for the high school building, Developer shall construct,
install, and stripe twenty-three (23) parking spaces, adjacent to the high school
6 building as shown on Exhibits "A" - "NN".
' 34. School enrollment shall be limited to 510 students and 63 employees for Phase I and
Phase II as approved by CUP 06-11(A).
9 35. The Campus Master Plan, as shown on Exhibit "B" of this resolution, is approved
with a maximum enrollment of 540 students and 70 employees at build-out. Any
10 increase in student enrollment above 510 students shall require an amendment to
CUP 06-11(A). Buildings for subsequent phases will require separate review and
approval by the Planning Commission as an amendment to CUP 06-11 (A) to ensure
12 continued compliance with all required setbacks and development standards.
13 36. Developer shall begin implementation of the Community Facility Plan described on
Exhibit "C" of this resolution before or concurrently with the completion of the new
14 athletic field.
37. Developer shall submit a Quarterly Monitoring Report to the Planning Director
16 according to the format contained in Exhibit "C" of this resolution. The report
shall be due a minimum of two weeks after each quarter ending in March, June,
17 September, and December.
18 38. Developer shall monitor the peak queue lengths during the drop-off and pick-up
19 periods and utilize the additional queuing area south of the existing campus if
future observed queues extended beyond the rear of the existing drop-off/pickup
20 zone.
39. When additional buses are added in subsequent school years, Developer shall
22 monitor queuing during the morning drop-off period at the time the buses arrive
and depart to ensure to ensure that queuing is not extended back to the bus zone
23 while buses are parked. Should this occur, Developer shall utilize the additional
queuing area to the south of existing campus or consider an earlier arrival time for
24 the buses in the morning.
25 40. Developer shall prepare and submit a Private Maintenance Agreement with the
26 Bressi Ranch HOA for maintenance of the off-site drainage and landscape features.
The agreement shall be reviewed by the Planning and Engineering Departments and
27 shall be recorded prior to issuance of a grading permit.
28
PC RESO NO. 6532 -9-
Engineering:
2
General
3
41. 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.
42. Prior to approval of a Grading Permit, the developer shall complete processing of a
lot line adjustment with Parcel 4 as shown on the Site Plan.
43. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Plan, Conceptual Grading Plan, and Preliminary Utility Plan reflecting the
conditions approved by the final decision making body. The reproducible shall be
submitted to the Planning Director, reviewed and, if acceptable, signed by the City's
project engineer and project planner prior to submittal of the building plans, improvement
plans, grading plans, or final map, whichever occurs first.
11
Fees/Agreements
13 44. 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.
14
45. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
46. Developer shall cause property owner to process, execute and submit an executed copy to
17 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a Grading Permit or Building Permit,
or the recordation of a Final Map, whichever occurs first for this Project.
20
Grading
21
47. 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, and shall pay all
applicable grading plan review fees per the City's latest fee schedule.
24
48. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
25 shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.26
49. 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
28 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
and provisions established by the San Diego Region of the California Regional Water
PC RESO NO. 6532 -10-
1 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
2 address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
3
50. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
5 Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
6 Municipal Code all to the satisfaction of the City Engineer.
7 51. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
9 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
10 techniques using current County of San Diego Low Impact Development Handbook
(Storm water Management Strategies). LID techniques include, but are not limited to
1' vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
12 volume, peak flow rate, velocity and pollutants.
13 52. Developer shall incorporate the following private improvements into the precise
grading plan for the project, to the satisfaction of the City Engineer, as mitigation
14 measures:
a. Modification of the existing south school driveway to an exit only driveway.
15 Remove the existing north-bound left turn bay through stripping. Install an
"Exit Only-Do Not Enter" on each side of the driveway facing El Fuerte Street.
17
b. Removal of the existing inbound lane at the driveway and restripe with two exit
lanes consisting of one left-turn lane and one right-turn lane. Removal of existing
,n stop sign where the inbound driveway lane intersects with the on-site campus
road.
20 c. Installation of one-way pavement arrows along the west drive aisle adjacent to
the drop-off/pickup zone to reinforce the one-way southbound circulation route
21 through the campus. Installation of northbound one-way pavement arrows along
the east parking drive aisle to direct traffic parked in the east parking aisles to
exit the north driveway.
23
d. Installation of signage to direct school buses to make a right-turn only to exit the
24 north school driveway.
9S^J e. Construction of assigned parking for the faculty/staff and student drivers as
25 described in the parking management plan.
27 Dedications/Improvements
28 53. Developer shall cause Owner to dedicate to the City easements for public utility purposes
as shown on the Site Plan. The offer shall be made by a separate document. All land so
PC RESO NO. 6532 -11-
offered shall be free and clear of all liens and encumbrances and without cost to the City.
2 Streets that are already public are not required to be rededicated. Additional easements
may be required at final design to the satisfaction of the City Engineer.
3
54. Developer shall prepare and process public improvement plans and, prior to City
4 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 as shown on the Site Plan. Said improvements shall be installed
6 to City Standards to the satisfaction of the City Engineer. These improvements include,
but are not limited to:
7
a) Onsite potable water lines and appurtenances as shown on the approved site
8 Plan.
9
b) Sewer laterals as shown on the approved site plan.
10
c) Modification of existing striping to eliminate the existing northbound left
turn lane at the intersection of El Fuerte Street and the southerly school
, ^ driveway.
13 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
14 development improvement agreement or such other time as provided in said agreement.
55. Additional drainage easements may be required. Developer shall dedicate and provide or
16 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
17
56. Developer shall design, and obtain approval from the City Engineer, the structural section
1° for the access aisles with a traffic index of 5.0 in accordance with City Standards due to
, Q 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
20 submitted together with required R-value soil test information subject to the review and
approval of the City Engineer.
21
Utilities
22
23 57. 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
24 hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.
Z* O
2g 58. Developer shall design and construct public facilities within minimum 20-foot wide
easements granted to the District or the City of Carlsbad. At the discretion of the District
27 or City Engineer, wider easements may be required for adequate maintenance, access
and/or joint utility purposes.
28
PC RESO NO. 6532 -12-
59. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
2 for connection to public facilities.
3 60. 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.
61. Developer shall install potable water and/or recycled water services and meters at
6 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
7
62. 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.
9
Building:
10
63. A building plan review will be done when complete construction drawings are
submitted to the building department.
12 64. An accessible path of travel is required to the right-of-way (public transit).
13
Code Reminders:
14
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
16 65. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
17 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.
19 66. Developer shall pay a landscape plancheck and inspection fee as required by Section
20 20.08.050 of the Carlsbad Municipal Code.
21 67. 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.
23
68. The project shall comply with the latest nonresidential disabled access requirements
24 pursuant to Title 24 of the California Building Code.
69. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
-,- Code Section 18.04.320.ZD
27 70. 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 Planning
28 Director prior to installation of such signs.
PCRESONO. 6532 -13-
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
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on February 4, 2009 by the following
vote, to wit:
AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas,
Whitton, and Chairperson Montgomery
NOES:
ABSENT:
ABSTAIN:
MAI
CARLSBAD PLANNING
ATTEST:
rson
DONNEU
Planning Director
PC RESO NO. 6532 -14-
CUP 06-11 (A) - EXHIBIT A
PACIFIC RIDGE SCHOOL
TRAFFIC OPERATIONS PLAN
Student Drop-Off and Pick-Up
o Peak drop off timeframe is between 7:30 a., and 8:15 a.m. and the peak pick-
up timeframe is between 3:00 p.m. and 4:15 p.m.
o Location and On-Site Circulation
" Loading/Unloading Zone extends along the westerly edge of the
existing westerly drive aisle as shown in attached Exhibit 3
• Off-site (El Fuerte and/or Palmetto) drop-off/pick-up and queuing is
prohibited
• On-Site circulation during peak drop-off and pick-up hours is one-
way, entering the northerly driveway and exiting the southerly
driveway to El Fuerte, as shown in attached Exhibit 3
o School Administration Oversight
• The one-way circulation plan is implemented through the use of cones,
portable signs, and school staff directing the on-site traffic flow,
additionally the southerly driveway will be changed to an exit only on
a permanent basis
• A minimum of two staff members will be stationed along the
loading/unloading zone to direct vehicles to maximize the efficient
loading/unloading of passengers during both the drop-off/pick-up
periods
• Regular, periodic communication with the students and parents
regarding appropriate drop-off/pick-up locations and procedures
• Pacific Ridge School continues to maintain a community liason line
(760-448-9820 and info@paciFicridge.org) that provides the
community with a direct way to report traffic/circulation issues around
the site
o PaciFic Ridge School will continue to contract for private busing for
approximately 35 percent of their enrollment, whieh equates to one additional
bus per year as enrollment increases to maximum permitted enrollment
o Buses are required to use the north driveway to both enter and exit the school
and queue near the rear of the loading/unloading zone as shown in Exhibit 4
o Buses arrive together to drop-off/pick-up students at approximately 7:45 a.m.
and 3:15, 15 minutes prior/after to the school start/end time to avoid the most
intense periods of personal vehicular queuing.
On-Site Parking
o On-site parking in the existing and proposed lots will be assigned as shown in
attached Exhibit 7 to ensure minimal disruption to the on-site circulation and
loading/unloading queuing during peak drop-off and pick-up times
Updated January 2009
CUP 06-11 (A) -EXHIBIT A
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CUP 06-11(A) - EXHIBIT C
PACIFIC RIDGE SCHOOL - COMMUNITY FACILITY PLAN
Background
City of Carlsbad development code requires all master planned communities to reserve
a portion of the plan area for "Community Facilities." For the master planned area of
Bressi Ranch a total of 5.09 acres is required in Planning Areas 13 and 15. Community
Facility uses are to "benefit the community as a whole by satisfying
social/religious/human service needs." (Section 21.25.010(1) CMC)
In 2007 the City approved Boys and Girls Club use (a Community Facility use) of a 1.17
acre site in Planning Area 15. Since the rest of Planning Area 15 is approved to be
developed with uses other than Community Facilities, the remaining 3.92 acres of
Community Facility use needs to occur in Planning Area 13.
Pacific Ridge School (PRS) received approval for, developed and began operating a
private middle and high school on 7.3 acres of 13.6 acre Planning Area 13; a
community RV Storage lot occupies another acre. Future PRS expansion includes
development of the remaining 5.3 acres of Planning Area 13.
Since the start of their inaugural 2007 academic year, PRS has quickly become an
engaged member of the Bressi Ranch and Carlsbad communities. PRS sees coordinated
Community Facility use of their campus as an opportunity to become an even more
active, vital community member furthering both their mission and returning
opportunities to the local community. To that end, PRS proposes the following plan
for Community Facility Use of the PRS campus.
Community Facility Coordinator
PRS will have a Community Facility Coordinator (CFC) on staff for the facilitation and
administration of all Community Facility use of the site. The CFC will serve as the link
between PRS and Bressi Ranch, Carlsbad and north-coastal San Diego communities.
The CFC will establish and maintain communication with various community groups,
such as the Bressi Ranch Home Owners Association, Carlsbad Parks and Recreation and
youth sports organizations, making the PRS facilities available for their and their
members' Community Facility use. Administrative duties of the CFC will entail the
following:
• Scheduling of various groups, organizations' use of PRS facilities
• Ensuring physical, contractual, and insurance arrangements for use are in
place
• Setting cost recovery fee schedule for facility use
• Promoting Community Facility use of PRS facilities
• Preparing Quarterly Community Facility Use Monitoring Reports
The CFC's fulfillment of their administrative duties will ensure that PRS' facilities are
available to the community, while avoiding conflicts of use (such as simultaneous use
of a facility, inadequate parking) with PRS activities.
Pacific Ridge School
Community Facility Plan
• - January 2009
1 of 3
CUP 06-11 (A)-EXHIBIT C
PRS Facilities and Community Facility Use
PRS anticipates that the campus facilities will be most suitable for the following
Community Facility uses, which are listed in Chapter 21.25 of the Carlsbad Municipal
Code. Additionally, the following uses are also the most likely to be compatible with
the school use of the site.
• Charitable Service Organizations
• Civic Associations
• Clubs (non-profit; business, civic, professional)
• Social Clubs (non-commercial)
• Youth Organizations (e.g., YMCA, Girl/Boy Scouts, PRS Youth Camps)
• Sports Leagues (e.g. soccer, basketball, etc.)
For example, PRS will begin coordinating Community Facility use of the site with
Summer 2008 open-enrollment youth camps. The eventual use of campus facilities by
the above noted uses will result in a broader mix of Community Facility use of the site
than if it were developed and operated by a sole-purpose Community Facility use.
Additionally, because of the breadth of utility of PRS facilities (field sports, court
sports, meetings, gatherings, etc.) the total hours of availability for use are
comparable to the hours of a single use community facility. Thus, PRS' Community
Facility use coordination of the campus will be of benefit to a larger segment of the
community fully realizing the purpose and intent of the Bressi Ranch Community
Facility requirements.
Just like a stand-alone Community Facility use PRS will need to carry sufficient
insurance to cover the activities occurring on-site. Also, the extended use of campus
facilities for Community Facility use will result in additional security, staffing and
maintenance requirements. PRS will recover the monetary costs associated with the
Community Facility uses. This arrangement will allow smaller Community Facility
users that lack capital to purchase or lease land and facilities to conduct their
activities.
The majority of the PRS campus will be open for Community Facility uses listed above.
The only exceptions will be the gymnasium support building) administration building,
and portions of the academic support buildings. The table on the next page lists the
specific PRS facilities that will be open to Community Facility use and the probable
times they will be available.
Pacific Ridge School
Community Facility Plan
January 2009
2 of 3
CUP 06-11 (A) - EXHIBIT C
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CUP 06-11 (A) - EXHIBIT C
Bressi Ranch Planning Area 13
Community Facility
Quarterly Monitoring Report
July - September 2010
October 15, 2010
Prepared by:
Pacific Ridge Scho
6269 El Fuerte Stre
Carlsbad, CA 92J90]
Contact:
Prepared for:
City of Carlsbad Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
Contact:
Bressi Ranch Planning Area 13
Community Facility Quarterly Monitoring Report
October 15, 2010
CUP 06-11 (A) - EXHIBIT C
I. Introduction / Background
Community facility uses, which serve social, religious and human service needs,
are a key element of any complete master planned community and are
specifically required by the Carlsbad Municipal Code. The master planned
community of Bressi Ranch was designed for community facility uses to take
place in Planning Areas 15 and Planning Area 13. Pacific Ridge School (PRS),
which is located in Planning Area 13 has coordinated community facility use of
PRS owned facilities, since City of Carlsbad approval (CUP 06-
11A).
Exhibit 1 illustrates the PRS facilities tha
use, and Table 1 lists the typical days a
occur.
Through various means PRS has advertised the availability of use of
facilities to the following types of organizations:
• Charitable Service Organizations
• Civic Associations
• Clubs (non-profit; business, civic, professional)
• Social Clubs (non-commercial)
• Youth Organizations (e.g., YMCA, Girl/Boy Scetps^PRrYouth Camps)
for Community Facility
can be scheduled to
PRS has scheduled and coordinated dlarnunity Facility use to ensure smooth
operations and maximum use^o belfMit^lfe Bressi Ranch, Carlsbad and north
coastal San Diego County comgpuf^tief. The following sections of this quarterly
report document the followii
Marketing / PromotioT^Efforts of PRS Facility Availability
Organization Activity Scheduling
Organization Activities
Bressi Ranch Planning Area 13
Community Facility Quarterly Monitoring Report
October 15, 2010
CUP 06-11 (A) - EXHIBIT C
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CUP 06-11 (A) - EXHIBIT C
II. Quarterly Activity: July - September 2010
A. Marketing Promotion
• Advertisement of availability of PRS facilities for Community
Facility use include in July and September Bressi Ranch HOA
monthly newsletter.
• Posted advertisement of availability of PRS facilities for
Community Facility use maintained in the Bressi Ranch HOA
clubhouse.
• Advertisement
o PRS website, City of Carlsbad Recreation
website/newsletter, various sports leagues
websites/newsletters/forums
• Information on the availability of PRS faci
Facility use distributed to
immunity
B. Facility Scheduling I Use
i. Community Facility Uses Schedule^
Table 2 below charts all of
scheduled between July
provides information on the
th
Quarter
Facility uses that were
>er 30th 2010. The table
Facility organization and
the dates and specific facilities sTpeduled for use.
2. Community Facilityjus^uring Past Quarter
Table 2 below^Bo^n^r% fene various Community Facility uses
that occurred ^wt^^ljly 1st and September 30th 2010; the
checkmark in tne^Kpccurred" column indicates that the activity
took pLgcerluring we current quarter. The table provides
the Community Facility organization and the dates
and sfcjficrailities scheduled for use.
Bressi Ranch Planning Area 13
Community Facility Quarterly Monitoring Report
October 15, 2010
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1 PLANNING COMMISSION RESOLUTION NO. 6222
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
4 DEVELOPMENT AND OPERATION OF A PRIVATE SCHOOL
5 UTILIZING MOBILE BUILDINGS ON PROPERTY
GENERALLY LOCATED NORTH OF GREENHAVEN DRIVE,
6 SOUTH OF BRESSI RANCH WAY, EAST OF OPEN SPACE
AREA 3 AND WEST OF EL FUERTE STREET WITHIN
? PLANNING AREA 13 OF THE BRESSI RANCH MASTER
PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: PACIFIC RIDGE SCHOOL
9 CASE NO.: CUP 06-11
10 WHEREAS, Pacific Ridge School, "Developer," has filed a verified application
1 with the City of Carlsbad regarding property owned by The Episcopal Diocese of Sao Diego,
12 "Owner," described as
13
Parcel 2 and 3 of City of Carlsbad MS 04-19, in the City of
14 Carlsbad, County of San Diego, State of California, according
to map thereof no. 19958 recorded in the Office of the County
Recorder of said county on March 27,2006
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Conditional Use
1 o
19 Permit as shown on Exhibits "A" - "L" dated January 3, 2007, on file in the Planning
20 Department, PACIFIC RIDGE SCHOOL - CUP 06-11, as provided by Chapter 21.42 and/or
21 21.50 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 3rd day of January, 2007,
23
hold a duly noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all testimony
£*j
2< and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the CUP.
28 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.
2
B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES PACIFIC RIDGE SCHOOL - CUP 06-11, based on the
following findings and subject to the following conditions:
f Findings;
6 1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan and
7 the Bressi Ranch Master Plan, in that it 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
9 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
10 Carlsbad as a whole. The use of mobile buildings will allow these educational
opportunities to occur sooner than if permanent buildings were proposed, and the
structures have been architecturally enhanced and situated to minimize their
12 visibility from El Fuerte Street. The use of mobile buildings is limited to a five year
term consistent with Carlsbad Municipal Code Chapter 21.42.
13
2. That the requested use is use is not detrimental to existing uses or to uses specifically
14 permitted in the zone in which the proposed use is to be located, in that Planning Area
., 13 is intended for Community Facility uses, and the property that surrounds the
project includes an existing RV storage facility and a vacant parcel, neither of which
16 will be negatively impacted by the proposed private school. The proposed school
with mobile buildings will not adversely impact the future use of the vacant lot as a
17 school is similar in nature to other Community Facility uses, such as a church or a
child day care center, in that it involves community assemblage, recreation facilities,
and serves a social/human service need. Sufficient separation of uses and on-site
jo circulation will further enhance the compatibility of the proposed school with
Planning Area 13.
20
3. That the site for the proposed conditional use is adequate in size and shape to
21 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
Planning Commission in order to integrate the use with the other uses in the
23 neighborhood, in that the proposed mobile buildings, required parking and
landscaping can fit with the boundaries of the developable portion of the property,
24 without the need to encroach into the required setbacks. The project is surrounded
by an RV storage facility and a large open space area to the north, a vacant lot to
the south, and large open space areas to the east and west. Because of this
25 separation, the project is not expected to have detrimental affects regarding light,
noise, and/or physical location. The site circulation system can allow adequate
27 drop-off and pick-up of students, and the parking can accommodate the use. The
project has been conditioned to limit enrollment to ensure parking demand does not
28 exceed capacity.
PC RESO NO. 6222 -2-
4. That the street system serving the proposed use is adequate to properly handle all traffic
2 generated by the proposed use, in that a focused traffic study was prepared for the
project which demonstrates consistency with the traffic impacts analyzed by the
3 Bressi Ranch Master Plan Final EIR 98-04. The Master Plan EIR analyzed 1,000
ADTs for Planning Area 13, and the project would generate 733 daily traffic trips.
The focused traffic study also considered the build-out of Planning Area 13, and it is
5 not anticipated to exceed 1,000 ADTs. El Fuerte Street is classified as a secondary
arterial and has been constructed to accommodate the trips generated by the
6 project, and the proposed pocket right-turn lane into the northerly project driveway
will allow vehicular traffic to safely enter the site from El Fuerte Street.
7
5. 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
9 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
10 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.
12 6. The Planning Director has determined that:
13
a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178)
14 for which a program EIR was prepared, and a notice for the activity has been
given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
j 6 activity for the purposes of CEQA) [ 15168( c)(2) and (e)];
17 b. this project is consistent with the Master Plan cited above;
'8 c. EIR 98-04 was certified in connection with the prior Master Plan;
19 d. the project has no new significant environmental effect not analyzed as significant
20 i° the prior EIR;
21 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist;
23 f. the Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR 98-04 which are appropriate to this Subsequent
24 Project have been incorporated into this Subsequent Project.
25 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
2/r Code Section 14.28.020 and Landscape Manual Section I B).
27 8. 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
28 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.
PCRESONO.6222 -3-
Conditions;
2
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 building permit.
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
6 . revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
7 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
9 or a successor in interest by the City's approval of this Conditional Use Permit.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
12 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
13
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
16 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
17 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 and costs, including court costs and attorney's fees incurred by the City arising, directly
— or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
23 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
24 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
25 approval is not validated.
27 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
28 body.
PC RESO NO. 6222 -4-
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
3
8. 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
5 that Plan prior to the issuance of building permits.
6 9. 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.
9
10. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
10 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 and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
12 Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
13 substantial negative effects.
11. This Conditional Use Permit is granted for a period of 5 years from January 3, 2007 to
. , January 2, 2012. 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
16 public's health and welfare, or the conditions imposed herein have not been met. This
permit may be extended upon written application of the permittee made no less than 90
17 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
uses or the public's health and welfare. If a substantial negative effect on surrounding
19 land uses or the public's health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects.
20
12. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
22 the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
23 condition, free from weeds, trash, and debris.
24 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
26 14. This approval shall become null and void if building permits are not issued for this
27 project within 18 months from the date of project approval.
15. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
PC RESO NO. 6222 -5-
16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
2 of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
3 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Conditional Use Permit by Resolution No. 6222 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
Planning Director 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.
O
17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
9 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
10 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
12 18- 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
13 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
14
19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
15 impacts on adjacent homes or property.
17 20. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
minimum include a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
20
21. Prior to building occupancy, the developer shall construct, install, and stripe not less
than 97 parking spaces, as shown on Exhibit D.
22 22. The Developer shall implement and comply with all applicable mitigation measures
23 required by the Mitigation Monitoring and Reporting Program certified with the Bressi
Ranch Master Plan Final EIR 98-04, contained in Planning Commission Resolution
24 No. 5201.
25 23. Any permanent school facilities shall be reviewed and approved by a Major
25 Conditional Use Permit Amendment to CUP 06-11. School enrollment shall be
limited to 480 students, unless permanent school facilities which provide additional
27 parking are approved by the Planning Commission as an amendment to CUP 06-11.
24. Not later than the Summer of 2009, the developer shall present a status report to the
Planning Commission that details the progress of development plans for the
PC RESO NO. 6222 -6-
permanent school buildings, the transition plans from the temporary to the
2 permanent buildings, existing and proposed traffic and parking operations during
transition and upon completion of the permanent buildings, and any other items
3 that the Planning Director determines should be addressed to demonstrate to the
Planning Commission that the permanent buildings will be completed prior to
expiration of the five year term of the CUP and that the traffic circulation and
5 parking for the school use are adequate.
6 25. School hours of operation shall be limited to those disclosed by the applicant:
7 a. School instructional activities - regularly Monday through Friday 8:00 a.m.
R to 3:30 p.m.
b. Extracurricular activities - Monday through Friday: regularly 3:30 p.m. to
9 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
10 one a month, may occur Monday through Sunday until 11:00 p.m.
c. All athletic activities shall end no later than dusk.
12 Additionally, all evening outdoor activities/events are limited to the town
square/dining terrace portion of the school campus. Any modification to the
13 intensity of the proposed activities and/or the hours of operation shall require an
amendment to CUP 06-11, as determined by the Planning Director.
14
26. The school shall implement the "Traffic Operations Plan" as it is described on
Attachment 10.
16
27. The noise analysis report submitted for CUP 06-11 is specific to this project, and
17 any future Conditional Use Permit Amendment that significantly modifies the site
plan shall submit a subsequent noise analysis report.18
I o 28. Final design of the gate to be located at the south end of the private driveway,
including all safety and locking devices, shall be approved by the Fire Department
20 and Planning Department. The gate shall not limit public pedestrian access on the
sidewalk adjacent to the private driveway.
21
29. Prior to the issuance of building permits, the developer shall cause the property
owners to provide an Irrevocable Offer to Dedicate (IOD) to the City of Carlsbad
23 for purposes of a public pedestrian access easement for the sidewalk adjacent to the
private driveway which serves Planning Area 13 in Bressi Ranch (as shown on Full
24 Size Exhibits B and C), beginning at the northerly driveway at El Fuerte Street and
ending at the cul-de-sac at Palmetto Drive. This dedication shall provide public
2-> pedestrian connection between Planning Areas 12 and 13, consistent with Chapters
26 VIII and X of the Bressi Ranch Master Plan. The City of Carlsbad has the right,
but not the responsibility, to accept the IOD and all associated maintenance
27 responsibilities.
28
PC RESO NO. 6222 -7-
Engineering:
2
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed Conditional Use Permit (CUP), must be met prior to approval of a
4 grading or building permit, which ever occurs first.
General
6
7 30, Prior to the issuance of a grading permit or building permit(s) for CUP 06-11, which ever
occurs first, the developer shall complete processing of a lot line adjustment between
8 Parcel 2 & Parcel 3 as shown on the development site plan and consolidate to one parcel.
9 31. The variance from City standards as described below has been allowed as part of
.„ the approval for the subject project. Unless specifically identified below, no other
variance from City standards is authorized virtue of approval of this development
11 site plan. The standard variance that has been allowed is for the following:
A required 10 feet clear separation between potable water and wastewater mains
has been allowed to be reduced to a minimum of 7 feet provided that all wastewater
13 pipe material classification is specified to be increased to C-900 minimum.
32. Developer shall install sight distance corridors within Parcels 2, 3 and 4 and in
ir accordance with City Engineering Standards. Developer shall record the following
statement on the development site plan:
*•" 'Wo structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
, ~ encroach within the area identified as a sight distance corridors as defined by City of
Carlsbad Engineering Standards."
18 The limits of the sight distance corridors shall be reflected on any improvement,
19 grading, or landscape plan prepared in association with this development and the
above note included.
20
21 Fees/Agreements
22 33. Developer shall cause property owner to process, execute and submit to the City Engineer
23 for recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage generated within Parcels 2 & 3 and flowing across Parcel 4.24
25 34. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation, a City Standard deed restriction on the property which
26 relates to the proposed cross lot drainage as shown on the development site plan. The
deed restriction document shall be in a form acceptable to the City Engineer and shall:
27 a. Clearly delineate the limits of the drainage course;
28
PC RESO NO. 6222 -8-
b. State that the drainage course is to be maintained in perpetuity by the underlying
2 property owner; and
3 c. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
4 damage to the underlying and adjacent properties or the creation of a public
nuisance.
6 35. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed sight
distance corridors as shown on the development site plan over/within Parcels 2, 3 and
o 4. The deed restriction document shall be in a form acceptable to the City Engineer and
shall:
" a. Clearly delineate the limits of the sight distance corridors on a plat to be
attached to the deed restriction;
, b. State that the sight distance corridor is to be maintained in perpetuity by the
underlying property owner; and
12 c. State that objects along the sight distance corridor will not restrict or impede the
13 ability of motorist at the intersection to identify approaching vehicles
pursuant to Caltrans sight distance and City sight distance corridor
14 standards.
15
36. The improvements for proposed private parking lot, private storm drain, private
16 gate, private water services, and landscape and irrigation within a General Utility
Easement, and existing private storm drain connected to public drainage systems
within the public Right of Way will require encroachment agreements to be
recorded prior to issuance of building permits.
19 Gradine
20
37. Prior to the issuance of a grading permit or building permit for CUP 06-11, whichever
occurs first, Developer shall submit to the City Engineer proof that a Notice of Intent
„- (NOI) for the start of work has been submitted to the State Water Resources Control
Board.
23
38. This project requires off site grading for proposed grading in Open Space Lot 19 of
24 Map 14600. No grading for private improvements shall occur outside the limits of this
approval unless Developer obtains, records and submits a recorded copy to the City
Engineer a grading or slope easement or agreement from the owners of the affected
property. If Developer is unable to obtain the grading or slope easement, or agreement, no
grading permit will be issued. In that case Developer must either apply for and obtain an
27 amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance from both the City
Engineer and Planning Director.
PC RESO NO. 6222 -9-
39. Based upon a review of the proposed grading and the grading quantities shown on the
2 development site plan, a grading permit for this project is required. Developer shall apply
for and obtain a grading permit from the City Engineer prior to issuance of a building
3 permit.
4 Dedications/Improvements
5
g 40. Developer shall cause Owner to execute a covenant of easement for private reciprocal
access and the construction and maintenance of surface improvements, drainage
7 improvements, and post-construction treatment control Best Management Practices
by the owner of Parcel 4 for the benefit of Parcels 2 & 3 as shown on the development
8 site plan. The obligation to execute and record the covenant of easement shall be shown
and recording information called out on the development site plan. Developer shall
provide City Engineer with proof of recordation prior to issuance of grading permit or
JO building permit, whichever occurs first.
11 41. Developer shall cause Owner to execute a covenant of easement for private reciprocal
access and the construction and maintenance of surface improvements by the owner
*2 of Parcels 2 & 3 for the benefit of Parcel 4 as shown on the development site plan. The
j-5 obligation to execute and record the covenant of easement shall be shown and recording
information called out on the development site plan. Developer shall provide City
14 Engineer with proof of recordation prior to issuance of grading permit or building permit,
whichever occurs first.
15
42. Developer shall cause Owner to execute a covenant of easement for private reciprocal
access and the construction and maintenance of surface improvements and
17 maintenance of post construction Best Management Practices by the owner of
Parcel 2 for the benefit of Parcel 1 as shown on the development site plan. The
18 obligation to execute and record the covenant of easement shall be shown and recording
information called out on the development site plan. Developer shall provide City
Engineer with proof of recordation prior to issuance of grading permit or building permit,
2Q whichever occurs first.
21 43. Developer shall cause Owner to execute a covenant of easement for private reciprocal
access by the owner of Parcels 2 and 3 for the benefit of Parcel 1 as shown on the
22 development site plan. The obligation to execute and record the covenant of easement
-,_ shall be shown and recording information called out on the development site plan.
Developer shall provide City Engineer with proof of recordation prior to issuance of
24 grading permit or building permit, whichever occurs first.
25 44. Developer shall cause Owner to vacate the existing General Utility Easement within
Parcels 2,3 and 4 per Map 19958.26
27 45. Developer shall cause Owner to vacate the existing access rights relinquished per Map
14600 within Parcel 2 and within the proposed dedication of right of way for the
28 proposed turn pocket as shown on the development site plan.
PC RESO NO. 6222 -10-
46. Developer shall cause Owner to dedicate to the City and/or other appropriate entities a
2 General Utility Easement for the alignment of the public water and sewer proposed
through Parcels 2, 3 and 4, and other easements shown on the development site plan.
3 The offer shall be made by a separate recorded document. All land so offered shall be
offered free and clear of all liens and encumbrances and without cost.4
47. Developer shall cause Owner to dedicate to the City and/or other appropriate entities
public Right-of-Way for pedestrian traffic to utilize proposed curb ramps at the
proposed northern and southern entrances in Parcels 2 and 4, and other easements
shown on the development site plan. The offer shall be made by a separate recorded
document. All land so offered shall be offered free and clear of all liens and
„ encumbrances and without cost.
9 48. Developer shall cause Owner to dedicate to the City and/or other appropriate entities
public Right-of-Way necessary to accommodate the proposed right turn pocket at
the northern entrance within Parcel 2 and other easements shown on the development
site plan. The offer shall be made by a separate recorded document. All land so offered
shall be offered free and clear of all liens and encumbrances and without cost.
12
49. Developer shall cause Owner to dedicate to the City and/or other appropriate entities
13 public access rights relinquished adjacent to the Right-of-Way of the proposed right
turn pocket at the northern entrance within Parcel 2 and other easements shown on
the development site plan. The offer shall be made by a separate recorded document. All
j e land so offered shall be offered free and clear of all liens and encumbrances and without
cost.
16
50. Developer shall install egress stop sign control at both proposed driveways and
appropriate signage for southbound traffic within existing Parcel 4 and toward the
. „ driveway to El Fuerte that warns approaching vehicles the driveway does not have
an outlet at Palmetto Drive. All on site circulation signage and striping is subject to
19 the approval of the City engineer.
20 51. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
22 52. Developer shall provide the design of all private streets and drainage systems to the
23 satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
24 systems shall be inspected by the City. Developer shall pay the standard improvement
„_ plancheck and inspection fees.
26 53. Developer shall execute a City standard Development Improvement Agreement to design
and install and secure with appropriate security as provided by law, public improvements
27 shown on the development site plan. These improvements include, but are not limited to
sewer lateral(s), water lateral(s), sewer main and appurtenants, water main and
appurtenants, street light(s), sidewalk, curb ramp(s), driveway(s), curb & gutter(s),
PC RESO NO. 6222 , -11-
pavement design, base preparation and paving, signing & striping, utility relocation,
2 fire hydrant(s), clearing & grubbing, and grading.
Said improvements shall be installed to City Standards to the satisfaction of the City
Engineer. More specifically, the improvements are:
4 A proposed right turn pocket for southbound turning movements into the northerly
5 driveway and all appurtenant relocation of existing facilities and dedications. The
construction of a southerly driveway entrance to Parcel 4 along with all necessary
6 dedications.
54. Developer shall execute and record a City standard Best Management Practice (BMP)
8 Maintenance Agreement for the perpetual maintenance of all treatments control and
applicable site design and source control, post-construction permanent BMP's prior to the
9 approval of grading or building permit, whichever occurs first for this Project.
55. Developer shall comply with the City's requirements of the National Pollutant Discharge
1 j Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
12 Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
] 4 limited to notifying prospective owners and tenants of the following:
a. All owners and tenants shall coordinate efforts to establish or work with
15 established disposal programs to remove and properly dispose of toxic and
I g hazardous waste products.
, _ b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
1 g fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
19 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
21 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
22 . when planning any changes to the landscaping and surface improvements.
^ 56. Prior to the issuance of grading permit or building permit, whichever occurs first,
24 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
25 established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
26 to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a, include all content as established by the California Regional Water Quality
28 Control Board requirements;
PC RESO NO. 6222 -12-
b. include the receipt of "Notice of Intent" issued by the California Regional Water
2 Quality Control Board;
3 c. recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
4 pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
° 57. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001 -01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
1 Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
13 a. identify existing and post-development on-site pollutants-of-concern;
14 b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
c. recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging offsite;
, o d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education
19 on the proper procedures for handling clean up and disposal of pollutants;
20 e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
21 f. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
22 practicable.
23
58. Prior to issuance of building permits, Developer shall relocate street lights along all
24 public and private street frontages abutting and/or within the development site in
conformance with City of Carlsbad Standards.
25 59. Prior to issuance of building permits Developer shall install sidewalks along all public
streets abutting the development site in conformance with City of Carlsbad Standards.
27
60. Prior to issuance of building permits Developer shall install curb ramps at the public
street corners abutting the development site in conformance with City of Carlsbad
Standards.
PC RESO NO. 6222 -13-
1
2 61. Prior to grading permit Developer shall have designed, apply for and obtain approval of
the City Engineer, for the structural section for the access aisles with a traffic index of 5.0
3 in accordance with City Standards due to truck access through the parking area and/or
aisles with an ADT greater than 500. The structural pavement design of the aisle ways
shall be submitted together with required R-value soil test information and approved by
5 the City Engineer as part of the building or grading plan review whichever occurs first.
6 62. Based upon a review of the proposed improvements on the development site plan, a
Right-of-Way (ROW) permit for this project is required for the construction of
' proposed public water and sewer main, access roads and all appurtenant
improvements, a right turn pocket for south bound traffic entering into the
northern access point, and a standard curb cut and driveway at the southern access
9 point and all required dedications. Developer shall apply for and obtain a ROW
permit from the City Engineer prior to issuance of a grading permit or building
1 0 permit for CUP 06-1 1 , whichever occurs first.
63. The proposed grading, proposed water and sewer mains and appurtenants,
12 proposed drainage improvements, proposed driveway and all necessary public and
private easements to construct the improvements as shown on the development site
13 plan and/or required by these conditions are located offsite on property for which
neither the City nor the owner has sufficient title or interest to permit the
14 improvements to be made without acquisition of title or interest.
The Developer shall immediately initiate negotiations to acquire such property or
necessary interest. The Developer shall use its best efforts to effectuate negotiated
acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its
17 best efforts, and comply with the requirements of the Carlsbad Municipal Code
Section 20.16.095 to notify and enable the City to successfully acquire said property
by condemnation.
19
Special Conditions
20
21 64. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the development site plan are for planning purposes only. Developer shall pay traffic
22 impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
. Carlsbad Municipal Code, respectively.
24 Utilities
25 65. Prior to approval of improvement plans or , Developer shall meet with the Fire Marshal to
26 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 District Engineer.
PC RESO NO. 6222 -14-
66. The Developer shall design and construct public water, and sewer facilities within public
2 right-of-way or within minimum 30-feet wide easements granted to the District or the
City of Carlsbad. At the discretion of the District Engineer, wider easements may be
3 required for adequate maintenance, access and/or joint utility purposes.
67. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
^ for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
6
68. The Developer shall prepare a colored recycled water use map and submit this map to the
7 Planning Department for processing and approval by the District Engineer.
8
69. The Developer shall design landscape and irrigation plans utilizing recycled water as a
9 source. Said plans shall be submitted to the satisfaction of the District Engineer.
10 70. The Developer shall install potable water and recycled water services and meters for
each structure available for separate ownership at a minimum at a location approved
by the District Engineer.
12
71. The Developer shall install 1 sewer lateral and clean-out at a location approved by the
13 District Engineer for each structure available for separate ownership at a minimum.
The locations of sewer lateral shall be reflected on public improvement plans.
,c 72. The Developer shall design and construct public water and sewer facilities substantially
as shown on the development site plan to the satisfaction of the District Engineer.
1 6 Proposed public facilities shall be reflected on public improvement plans.
17 73. The Developer shall provide separate potable water meters for each separately owned
unit. The locations of said services shall be reflected on public improvement plans.lo
19 74. Prior to occupancy, Developer shall install 1 potable water meter for commercial use for
each structure available for separate ownership at a minimum.
20
75. 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
22 determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the site plan.
23
76. Prior to approval or issuance of building permits, whichever is first, the entire potable
24 water , and sewer system shall be evaluated in detail to ensure that adequate capacity,
pressure, and flow demands can be met to the satisfaction of the District Engineer.
26 77. A fire flow system shall be required for this commercial development and it shall be
constructed as a looped system. The Developer shall complete the looped water system by
27 tying into the existing waterline system on El Fuerte to the satisfaction of the District
Engineer.
PC RESO NO. 6222 -15-
78. The Developer shall coordinate with the District Engineer regarding the looped system
2 and easements.
3 79. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the development site plan to the satisfaction of the
District Engineer.
5 „
Code Reminder
6
7 80. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued, including but not limited to
8 the following:
9 a. Developer shall exercise special care during the construction phase of this project
to prevent offsite siltation. Planting and erosion control shall be provided in
10 accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance)
to the satisfaction of the City Engineer.
12 81. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.13
82. 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
15 permit issuance, except as otherwise specifically provided herein.
83. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
18 84. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
19
85, 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 Planning
2 i Director prior to installation of such signs.
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25
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PC RESO NO. 6222 -16-
NOTICE
2
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
4 "fees/exactions."
5 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
7 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
g annul their imposition.
9 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on the 3rd day of January 2007 by the
15
following vote, to wit:
16
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Douglas, Segall, and Whitton
18
NOES:
19
ABSENT:20
21 ^ ^^m
22
23
MARTELL B. MONTGOMERY, Chairperson
24 CARLSBAD PLANNING COMMISSION
25
ATTEST:
26"
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28 DON NEU
Assistant Planning Director
PC RESO NO. 6222 -17-
PACIFIC RIDGE SCHOOL
TRAFFIC OPERATIONS PLAN
• Student drop-off/ pick-up
o Typical times will be between 7:30-8:15 a.m. and 3:30-4:15 p.m.
o Location
• Loading and unloading area on-site adjacent to the sports field and
within the school parking lot
• Off-site (El Fuerte and/or Palmetto) drop-off/ pick-up and queuing is
prohibited
o School Administration oversight
• A staff member will be present during each drop-off/ pick-up period at
the El Fuerte entry to the site, and the Palmetto cul-de-sac at the
south end of Planning Area 13 to enforce the prohibition
• Periodic communication with the students and parents regarding
appropriate drop-off/ pick-up locations
• Provide the community with a phone number and email address to
use to file complaints
• Busing
o Prepared to implement when found to be needed (tied to enrollment levels)
o Will be implemented as first mitigation measure to any queuing problems
o Drop-off/ pick-up will be in the same locations as noted above
Pacific Ridge School - Traffic Operations Plan
CUP 06-11
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