HomeMy WebLinkAbout2013-11-06; Planning Commission; Resolution 7020
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
AMENDMENT FOR THE REMOVAL OF THREE TEMPORARY MODULAR
BUILDINGS AND REPLACING THEM WITH THE DEVELOPMENT OF A
21,691 SF MIDDLE SCHOOL BUILDING, 23,589 SF ARTS BUILDING, 23,083
SF THEATER BUILDING AND THE ADDITION OF 120 PARKING SPACES ON
PROPERTY LOCATED WITHIN PLANNING AREA 13 OF THE BRESSI RANCH
MASTER PLAN AND GENERALLY LOCATED NORTH OF GREENHAVEN
DRIVE, SOUTH OF BRESSI RANCH WAY, EAST OF OPEN SPACE AREA 3
AND WEST OF EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 17. THE PROJECT IS WITHIN THE SCOPE OF A PREVIOUSLY
ADOPTED MITIGATED NEGATIVE DECLARATION.
CASE NAME: PACIFIC RIDGE SCHOOL EXPANSION
CASE NO.: CUP 06-11(B)
WHEREAS, Pacific Ridge School Expansion, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as:
Parcel A of Certificate of Compliance recorded June 3, 2011 as File No.
2011-0284871, Official Records, being all of Parcels 2, 3, and 4 of
Parcel Map 19958 as filed in the Office of the County Recorder of San
Diego on March 27, 2006 as File No. 2006-0209765 as described in
Certificate of Compliance No. CE 09-08 dated August 14, 2009 and
filed in the Office of the County Recorder of said county on August 24,
2009 as File No. 2009-0473458
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit
Amendment as shown on Exhibits “A” – “EE” dated November 6, 2013, on file in the Planning Division,
CUP 06-11(B) – PACIFIC RIDGE SCHOOL EXPANSION, as provided by Chapter 21.42 and/or 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 6, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the CUP; and
PLANNING COMMISSION RESOLUTION NO. 7020
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WHEREAS, on February 4, 2009, the Planning Commission approved CUP 06-11(A), as
described and conditioned in Planning Commission Resolution No. 6532.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CUP 06-11(B) – PACIFIC RIDGE SCHOOL EXPANSION, based on the following
findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community, and is
in harmony with the various elements and objectives of the general plan, including, if
applicable, the certified local coastal program, and Bressi Ranch Master Plan, in that the
expansion of the private school will provide additional educational opportunities for the
residents of Carlsbad that are currently not available. The project furthers the goals of the
General Plan and Bressi Ranch Master Plan by providing a land use that helps create a
balanced and integrated community, and through its central location, allows easy access for
the residents of Bressi Ranch and Carlsbad as a whole. All necessary public streets serving the
Bressi Ranch Master Plan have been constructed by the master developer which satisfies the
Circulation Element. The project is consistent with the Carlsbad Noise Manual in that the
project has been conditioned that the building closest to El Fuerte Street, the middle school,
shall mitigate interior noise levels to 45 dBA CNEL through construction techniques and a
noise wall is located on the south and east sides of the athletic field to insure that the
adjacent residences are not impacted by noise from athletic activities.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in
the zone in which the proposed use is to be located in that the neighborhood located south of
the site is separated from the existing athletic field by a 50 foot or greater landscape buffer as
well as a vertical separation of over 20 feet. The neighborhood to the west is separated from
the site by over 150 feet of vertical grade difference together with an intervening open space
lot with a width of 500 feet or greater.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the buildout plans for the school demonstrate that the proposed school buildings,
athletic field, 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.
. . .
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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 Impact Analysis prepared by Linscott Law and
Greenspan, dated May 13, 2013, was prepared for the project which demonstrates that the
proposed expansion of the private school would result in 597 new Average Daily Trips (ADT).
Current ADT on El Fuerte Street (a secondary arterial) which has been constructed to carry
volumes of between 10,000 and 20,000 ADT is 7,381. The addition of 597 new ADT to El
Fuerte Street will not have an adverse effect and represents a 0.08% increase.
5. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan based on the facts set forth in the staff report dated
November 6, 2013 including, but not limited to the following:
a. Land Use – The private school is an allowed land use with a Conditional Use Permit and
the existing Community Facility Plan provides a unique opportunity for the surrounding
residents to have a shared use of the school facilities. The Community Facility Plan
provides a variety of typical community facility uses that will be used to satisfy the
remaining CF requirements of the Bressi Ranch Master Plan.
b. Circulation – The proposed project will not adversely impact the traffic circulation in that
the two existing driveways will be maintained and the parking lot has been designed to
meet the minimum fire access requirements. In addition, the proposed new project 597
ADT will not adversely impact the levels of service of the surrounding roadways and key
intersections, which are operating at an acceptable level of service.
c. Noise – The proposed buildings are enclosed structures, noise generated by the proposed
use will be contained and noise impacts to the building closest to El Fuerte Street, the
middle school, will be mitigated through construction techniques to an interior noise level
of 45 dBA CNEL.
d. Public Safety – The project is accessible to emergency services through two points of
access and fire hydrant and flow requirements have been met, and the surrounding open
space area provides the required Fire Protection Zone buffers.
6. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated March 2010, in that the project is located within
Review Area 2, is at an elevation above sea level that does not require the preparation of a
Part 77 Airspace Protection analysis, and a notice of overflight has been recorded over the
property.
7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The
project includes elements or has been conditioned to construct or provide funding to ensure
that all facilities and improvements regarding: sewer collection and treatment; water;
drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need.
8. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code
Section 14.28.020 and Landscape Manual Section I B).
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9. The City Planner has determined that:
a. this project is within the scope of a Mitigated Negative Declaration (MND) that was
previously adopted [15162] for CUP 06-11(A) Pacific Ridge School Expansion, and
b. this project is consistent with the project cited above; and
c. the MND for CUP 06-11(A) Pacific Ridge School Expansion, was certified in connection
with the prior project or plan; and
d. the project has no new significant environmental effect not analyzed as significant in
the prior MND; and
e. none of the circumstances requiring a Subsequent MND or a Supplemental MND under
CEQA Guidelines Sections 15162 or 15163 exist.
10. The Planning Commission finds that all feasible mitigation measures identified in the Mitigated
Negative Declaration adopted for CUP 06-11(A) – Pacific Ridge School Expansion which are
appropriate to this Subsequent Project have been incorporated into this Subsequent Project.
11. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or building permit whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City’s approval of this
Conditional Use Permit Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections 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. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer shall implement, or cause the implementation of, the CUP 06-11(A) Pacific Ridge
School Expansion Project Mitigation Monitoring and Reporting Program, and shall implement
or comply with all applicable mitigation measures required by the Mitigation Monitoring and
Reporting Program certified with the Bressi Ranch Master Plan Final EIR 98-04, contained in
Planning Commission Resolution No. 5201.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Conditional Use Permit Amendment, (b) City’s
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator’s installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the City’s approval is not validated.
7. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the Site Plan
reflecting the conditions approved by the final decision-making body.
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).
9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
10. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior
to the issuance of building permits.
11. This approval shall become null and void if building permits are not issued for the arts and
middle school buildings within 48 months from the date of project approval and for the
theater building within 96 months from the date of project approval.
12. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy.
. . .
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13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition,
free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the
optimum amount of water to the landscape for plant growth without causing soil erosion and
runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 17, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
16. Prior to the issuance of a building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be
filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit Amendment by Resolutions No. 7020 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The City Planner has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of good
cause by the Developer or successor in interest.
17. CUP 06-11(B) shall be reviewed by the City Planner annually to determine if all conditions of
this permit have been met and that the use does not have a substantial negative effect on
surrounding properties or the public health, safety and general welfare. If the City Planner
determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or
2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use
Permit is being or recently has been exercised contrary to any of the terms or conditions of
approval or the conditions of approval have not been met; or 4) the use for which such approval
was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional
Use Permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole
or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new
conditions.
18. This Conditional Use Permit is granted without an expiration date. This permit may be revoked
at any time after a public hearing, if it is found that the use has a substantial detrimental effect
on surrounding land uses and the public’s health and welfare, or the conditions imposed herein
have not been met.
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19. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
20. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner
of an Outdoor Storage Plan, and thereafter comply with the approved plan.
22. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
decorative and security lighting for all outdoor areas. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property. Lighting for night time
sports field activities shall not be permitted, unless an amendment to CUP 06-11(B) is
approved by the Planning Commission.
23. This approval supersedes the approval of CUP 06-11(A) and replaces Planning Commission
Resolution No. 6532.
24. School enrollment shall be limited to 645 students and 115 staff persons.
25. School hours of operation shall be limited to those listed below:
a. School instructional activities – regularly Monday through Friday 8:00 a.m. to 3:30 p.m.
b. Extracurricular activities – Monday through Friday: regularly 3:30 p.m. to 9:30 p.m.,
Saturdays: regularly 8:00 a.m. to 9:30 p.m., Sundays: occasionally 8:00 a.m. to 6:00 p.m.
c. All outdoor activities using the sports field shall end no later than dusk.
Additionally, all evening outdoor activities/events are limited to the plaza areas central to the
school buildings. Any modification to the intensity of the proposed activities and/or the
hours of operation shall require an amendment to CUP 06-11(B), as determined by the City
Planner.
26. Pacific Ridge School shall implement the Traffic Operations Plan and Community Facilities
Plan approved by Planning Commission Resolution No. 6532 and attached hereto.
27. Prior to issuance of a building permit, evidence that interior building noise levels for the
middle school will be mitigated to 45 dBA CNEL shall be submitted to the City Planner.
. . .
. . .
. . .
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Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development must be met prior to approval of a building or grading permit whichever
occurs first.
General
28. 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.
29. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will
continue to be available until time of occupancy.
30. Developer shall submit to the City Planner, a reproducible 24" x 36", mylar copy of the
conceptual grading plan and the preliminary utility plan reflecting the conditions approved by
the final decision making body. The reproducible mylar shall be submitted to the City Planner,
reviewed and, if acceptable, signed by the city's project engineer and project planner prior to
submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first.
31. Rain gutters shall be routed to the proposed flow-through planters as shown on the site plan.
Developer shall include rain gutters on the building plans subject to the city engineer’s review
and approval. Developer shall install rain gutters in accordance with said plans.
32. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
33. 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.
34. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
35. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
36. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
. . .
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Grading
37. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
38. Developer shall comply with the city's stormwater regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
39. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
40. Prior to the issuance of grading permit or building permit, whichever occurs first, developer
shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP).
The TIER 3 SWPPP shall comply with current requirements and provisions established by the
San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3
SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during
construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
41. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule.
42. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment
control BMP, and Low Impact Design (LID) facilities.
43. Developer acknowledges the upcoming City of Carlsbad BMP Design Manual pursuant to
provision E.3.d of the new California Regional Water Quality Control Board (RWQCB) Order
No. R9-2013-001 adopted on June 27, 2013. During final design, developer shall demonstrate
compliance with latest storm water requirements to the satisfaction of the city engineer.
Dedications/Improvements
44. Developer shall cause owner to dedicate to the city for the public street & public utility
easement purposes to accommodate the right turn pocket, the proposed traffic signal and
north driveway widening as shown on the site plan. The offer shall be made by a separate
recorded document. All land so offered shall be free and clear of all liens and encumbrances
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and without cost to the city. 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.
45. Developer shall design the private drainage systems, as shown on the site plan to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
46. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are not
limited to:
A. Widening of the northern driveway to accommodate two 12-foot wide inbound lanes
and one 12-foot wide outbound lane as shown on the site plan.
B. Construct a new fully actuated traffic signal including all appurtenances and traffic
signal interconnect conduit and cable, at the intersection of El Fuerte Street and the
Pacific Ridge School entrance driveway (north driveway). The traffic signal should be
linked to the adjacent flashing beacon system on El Fuerte Street and to the Traffic
Management Center.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
47. Developer shall install a sidewalk along the western circulation driveway as shown on the site
plan to provide an additional pick-up and drop-off area to the satisfaction of the city engineer.
Utilities
48. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains
to the satisfaction of the district engineer.
49. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
50. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
51. 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.
. . .
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52. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
53. 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.
54. The developer shall design and construct public water and sewer facilities substantially as
shown on the site plan to the satisfaction of the district engineer and city engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
55. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
56. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
57. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
58. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 17 as required by Carlsbad Municipal Code Section 21.90.050.
59. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
60. 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.
61. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
63. Any signs proposed for this development shall at a minimum be designed in conformance with
the City’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on November 6, 2013 by the following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Siekmann, Commissioners Anderson, Black, L'Heureux,
Schumacher, Scully and Segall
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7020 -12-