HomeMy WebLinkAbout2013-12-04; Planning Commission; Resolution 7024
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT,
COASTAL DEVELOPMENT PERMIT CDP, AND TENTATIVE PARCEL MAP
TO ALLOW FOR THE SUBDIVISION OF THE PROPERTY INTO FOUR
PARCELS, AND THE DEVELOPMENT OF A NEW 44,180 S.F. FLORAL
TRADE DISTRIBUTION CENTER AND MARKETPLACE, A 33 FOOT TALL,
9,900 S.F. MICRO-BREWERY AND WINERY BUILDING, 1984 S.F.
CULINARY CENTER, AND 896 S.F. FARM SHED WITH THE REMAINING
LAND DEDICATED TO FARM PLOTS, ORCHARD, HOPS FARM, VINEYARD
AND PARKING ON 17.22 ACRES OF LAND WITHIN A 45.60 ACRE SITE
LOCATED WITHIN THE CARLSBAD RANCH SPECIFIC PLAN SOUTH OF
CANNON ROAD AND EAST OF CAR COUNTRY DRIVE IN LOCAL FACILITIES
MANAGEMENT PLAN ZONE 13 AND THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM.
CASE NAME: CARLSBAD FLORAL TRADE CENTER
CASE NO.: CUP 12-10/CDP 12-19/MS 12-03
WHEREAS, Carlsbad Ranch Company, L.P., “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 3 of Carlsbad Tract Unit No. 94-09 (Carlsbad Ranch Unit 1), in the
City of Carlsbad, county of San Diego, State of California, according to
map thereof No. 13357, filed in the Office of the County Recorder of
San Diego County, September 11, 1996
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit,
Coastal Development Permit, and Tentative Parcel Map as shown on Exhibits “A” – “Y” dated December
4, 2013, on file in the Planning Division, CARLSBAD FLORAL TRADE CENTER – CUP 12-10/CDP 12-19/MS
12-03, as provided by Chapter 21.42, Chapter 21.201 – 21.203, and Chapter 20.28 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on December 4, 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, CDP, and MS.
PLANNING COMMISSION RESOLUTION NO. 7024
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CARLSBAD FLORAL TRADE CENTER – CUP 12-10/CDP 12-19/MS 12-03,
based on the following findings and subject to the following conditions:
Findings:
Conditional Use Permit
(Note: These findings are not applicable to 1st Amendment uses; see Section 21.42.030.B)
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, specific plan or master plan, in that the floral
trade center is a historical component of floriculture in Carlsbad and its relocation to this site
is desirable by retaining the historical connection in the City. The Land Use element of the
General Plan encourages the continued support for local agriculture and unique tourist
elements.
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 continued use of the site
primarily for agricultural production is consistent with the current use of the property, the
adjacent auto related retail development to the west and the institutional use to the east will
not be impacted by the proposed project since there are physical barriers separating them
and access to and from the proposed project are not shared.
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 with the approval of this Conditional Use Permit, all of the proposed project buildings are
located on the site consistent with the development standards required by the Carlsbad
Ranch Specific Plan.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the 2,076 Average Daily Trip (ADT) traffic generated by
the proposed use and their contribution to the surrounding street system will not require the
construction of new roadways nor will significant improvements to the existing circulation
system be necessary to accommodate project generated traffic. That to enhance the
efficiency of the surrounding circulation system leading to and from Interstate 5, the project
is conditioned to provide either a left turn pocket on Cannon Road at Legoland Drive or a
second private drive access on Car Country Drive.
5. The 33 FT tall micro-brewery/winery building exceeds the maximum height of 25 FT
stipulated in Specific Plan SP207 for Planning Area 8. That an additional 8 feet of building
height is necessary for a 3,500 square foot portion of a 9,900 square foot building in order to
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accommodate equipment needed for the production of micro-brews and that the additional
building height will not be detrimental to the visual character of the surrounding area in that
the additional height measurement is from a point that is 3-8 feet below the existing graded
slope.
Coastal Development Permit
6. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the continued use of the site primarily for agricultural production
is consistent with the current use of the property and the land uses described in the local
coastal program, the proposed project will not obstruct views from public lands or the public
right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural
uses as identified on Map X attached to the LCP currently exist on the site, nor are there any
sensitive resources located on the disturbed property. In addition, the project is not located
in an area of known geologic instability or flood hazards. Since the site does not have
frontage along the coastline, no public opportunities for coastal shoreline access are available
from the subject site and furthermore, the site is therefore not suited for water-oriented
recreation activities.
7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project site is not adjacent to the shore of the ocean or an ocean inlet
nor is it in a location that could preclude access or recreational use of either.
8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation
is located on the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
Tentative Parcel Map
9. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map
Act, and will not cause serious public health problems, in that the project implements the goals
and policies of the General Plan as discussed in the staff report, is consistent with all
minimum requirements of Title 20 and 21 governing lot size and configuration; has been
designed to comply with all applicable City regulations and the standards of the Carlsbad
Ranch Specific Plan, each lot is proposed with access to a public street, and subdivision of the
property cannot cause serious public health problems.
10. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for institutional/retail/open space development on the
General Plan, in that the subdivision of the property does not preclude the adjacent properties
from continuing to function as they are presently and the subdivision of the property does not
introduce a new land use to the project site that might be incompatible with existing
surrounding land uses.
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11. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that all existing and new
proposed easements have been identified and none conflict with the proposed subdivision as
designed.
12. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
13. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures may be oriented to take
advantage of shade or prevailing breezes.
14. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat,
in that the site does not contain any natural significant environmental features that will be
disturbed nor does it include fish or wildlife habitat.
15. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City’s sewer and drainage standards and the project is conditioned to comply with
the National Pollutant Discharge Elimination System (NPDES) requirements.
16. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the elements of the City’s General Plan based upon the facts stated in the staff report dated
December 4, 2013, including but not limited to the following:
a. Land Use. The project is the retention of the Carlsbad Floral Trade Center which is
historically significant to Carlsbad’s past as a flower growing community. The project
accommodates the continued use of the majority of the site as agriculture and also
provides for the coexistence of compatible and related urban uses. The project offers
a unique opportunity for residents and visitors to experience a micro-agricultural
operation from initial product growth to its use in product production and
distribution.
b. Open Space and Conservation. The Carlsbad Ranch/Legoland Specific Plan (SP 207)
identifies agricultural uses as permitted within Planning Area 8. The project includes
an investment in similar agricultural uses and structures required for the conduct of
the principal agricultural use which in turn helps to preserve the site as existing
agricultural inventory. The accessory uses and structures proposed with the project
support the economic viability of the project site to remain largely in agricultural
production.
c. Circulation. The traffic impact analysis report prepared by RBF, dated June 2013
indicates that the project will generate 2,076 ADT. The distribution of those trips will
not adversely impact the surrounding circulation infrastructure and no mitigation is
required. To enhance the efficiency of the surrounding circulation system leading to
and from Interstate 5, the project is conditioned to provide either a left turn pocket
on Cannon Road at Legoland Drive or a driveway access on Car Country Drive.
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17. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 13 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.
18. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established
by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad
Municipal Code. This will ensure continued availability of public facilities and will mitigate any
cumulative impacts created by the project.
19. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 13.
20. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created
by this project and in compliance with adopted City standards.
21. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
22. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Negative Declaration, the environmental
impacts therein identified for this project, and any comments thereon prior to
ADOPTING the project; and
b. the Negative Declaration has been prepared in accordance with requirements of the
California Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. that based on the Initial Study and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
23. 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 in Review
Area 2 and does not propose any structures that would require a Part 77 Airspace Protection
analysis.
24. The Planning Commission hereby finds that all development in Carlsbad benefits from the
Habitat Management Plan, which is a comprehensive conservation plan and implementation
program that will facilitate the preservation of biological diversity and provide for effective
protection and conservation of wildlife and plant species while continuing to allow compatible
development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife
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habitats and sensitive species is required by the Open Space and Conservation Element of the
City’s General Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu
Mitigation Fee imposed on all new development within the City is essential to fund
implementation of the City’s Habitat Management Plan.
25. 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 the recordation of a
final parcel map, 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/Coastal Development Permit/Tentative Parcel Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit/Coastal Development Permit/Tentative Parcel
Map documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the approved
Exhibits. Any proposed development, different from this approval, shall require an amendment
to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any conditions for construction of any public improvements or facilities, or the payment of
any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section 66020. If
any such condition is determined to be invalid, this approval shall be invalid unless the City
Council determines that the project without the condition complies with all requirements of
law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Conditional Use Permit/Coastal Development
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Permit/Tentative Parcel Map, (b) City’s approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues even if the City’s approval is not
validated.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the Site Plan
and Tentative Parcel Map reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including
any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior
to the issuance of building permits.
10. This approval shall become null and void if building permits are not issued for the Floral Trade
Center and Marketplace building within 24 months from the date of project approval.
11. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service 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. A note to this effect shall be placed on
the Final Parcel Map.
12. 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 13, 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.
13. Prior to recordation of the Final Parcel Map, the issuance of a grading permit or building
permit, whichever occurs first, Developer shall submit to the City a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the
office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a(n)
Conditional Use Permit CUP 12-10, Coastal Development Permit CDP 12-19, and Tentative
Parcel Map MS 12-03 by Resolution No. 7024 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
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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.
14. CUP 12-10 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.
15. This Conditional Use Permit (CUP 12-10) 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.
16. 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 and maintain all landscaping in a healthy and thriving condition, free from
weeds, trash, and debris.
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plan check process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
18. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee
consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species.
The Developer is further aware that the City has determined that all projects will be required to
pay the fee in order to be found consistent with the Habitat Management Plan and the Open
Space and Conservation Element of the General Plan. Developer or Developer’s successor(s) in
interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or
building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees,
consistent with the City’s Habitat Management Plan (HMP) for impacts to 17.22 acres of
Disturbed Lands (HMP Habitat Group F). If the In-lieu Mitigation Fee for this project is not
paid, this project will not be consistent with the Habitat Management Plan and the General Plan
and any and all approvals for this project shall become null and void.
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Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a parcel map, building or grading permit
whichever occurs first.
General
19. 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.
20. 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.
21. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan reflecting the conditions approved by the final decision making
body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable,
signed by the city's project engineer and project planner prior to submittal of the building plans,
improvement plans, grading plans, or final map, whichever occurs first.
22. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private streets, parking lots,
utilities, street trees, sidewalks, pathways, landscaping, street lighting, enhanced paving, water
quality treatment measures, low impact development features, storm drain facilities, etc.
located therein and to distribute the costs of such maintenance in an equitable manner among
the owners of the properties within this subdivision.
23. 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.
24. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall submit to
the city engineer written approval from North County Transit District (NCTD) demonstrating
mass-transit improvement requirements for this project have been satisfied.
Fees/Agreements
25. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
26. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
27. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
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28. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private drainage facilities and enhanced
concrete located over proposed public right-of-way or easements as shown on the tentative
parcel map. Developer shall pay processing fees per the city’s latest fee schedule.
29. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the associated
Assessment District 95-1 (Carlsbad Ranch), or the assessments must be paid in full. Developer
shall pay all associated costs of said reapportionment. The application shall be submitted to the
city engineer with the application for the final map.
30. Developer shall cause owner to give written consent to the city engineer for the annexation of
the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form provided by
the city engineer.
Grading
31. Based upon a review of the proposed grading and the grading quantities shown on the tentative
parcel map, a grading permit for this project is required concurrent with the approval of the
parcel map, unless otherwise approved by the City Engineer. 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.
32. 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.
33. 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.
34. 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.
35. 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
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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.
36. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment
control BMP, applicable hydro modification measures, and Low Impact Design (LID) facilities.
37. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with hydro modification requirements per the city’s SUSMP, latest
version. Documentation shall be included within the Storm Water Management Plan (SWMP).
Dedications/Improvements
38. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement or other means acceptable to the city engineer for securing private cross lot
drainage, parking, and reciprocal access as shown on the tentative map. Developer shall pay
processing fees per the city’s latest fee schedule.
39. Developer shall cause owner to dedicate to the city and/or other appropriate entities a general
utility and access easement for water and sewer facilities, a public street & public utility
easement for a proposed deceleration lane on Cannon Road, and relinquished access rights
along the new public street & public utility easement for said deceleration lane on Cannon
Road as shown on the tentative map. The offer shall be made by a certificate on the final map.
All land so offered shall be free and clear of all liens and encumbrances 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.
40. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
41. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard subdivision 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:
1. A deceleration lane on Cannon Road with new pavement, striping, curb, gutter, sidewalk
and pedestrian ramps.
2. Onsite public water and sewer facilities.
3. Modifying the traffic signal at the intersection Cannon Road and Legoland Drive and
installing a left turn lane on eastbound Cannon Road to accommodate u-turns at said
intersection OR constructing paved access to Car Country Drive with development of
Phase 1.
42. Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
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43. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of
the city engineer.
44. Developer shall cause owner to process an abandonment of that portion of the relinquished
access rights recorded per Map 13357 that will be replaced by new easement dedication for
the deceleration lane on Cannon Road.
45. Developer shall design, and obtain approval from the city engineer, the structural section for
the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
Non-Mapping Notes
46. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
1. A deceleration lane on Cannon Road with new pavement, curb, gutter, sidewalk
and pedestrian ramps.
2. Onsite public water and sewer facilities.
3. Modifying the traffic signal at the intersection Cannon Road and Legoland Drive
and installing a left turn lane on eastbound Cannon Road to accommodate u-
turns at said intersection OR constructing paved access to Car Country Drive
with development of Phase 1.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
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drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
Utilities
47. Developer shall design public facilities to be 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.
48. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
49. 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.
50. During construction, developer shall install potable water and/or recycled water services and
meters at locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
51. During construction, 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.
52. During construction, the developer shall install public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the district engineer
and city engineer.
53. The developer shall submit a detailed sewer study, prepared by a registered engineer, that
identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the
main lines, and the capacity of the existing infrastructure. Said study shall be submitted
concurrently with the improvement plans for the project and the study shall be prepared to the
satisfaction of the district engineer. In addition to studying the impacts from the development
of Phase 1, the study shall analyze the development impacts for future phases 2 through 4.
Said assessment shall be based on the highest and most intensive development anticipated.
54. The developer shall submit a detailed potable water study, prepared by a registered engineer
that identifies the peak demands of the project (including fire flow demands). The study shall
identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall
be submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer. In addition to studying the impacts from
the development of Phase 1, the study shall analyze the development impacts for future
phases 2 through 4. Said assessment shall be based on the highest and most intensive
development anticipated.
. . .
. . .
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
55. This tentative parcel map shall expire two years from the date on which the planning
commission voted to approve this application.
56. 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 tentative map are for planning
purposes only.
57. 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.
58. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
59. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
60. 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 December 4, 2013 by the following vote, to wit:
AYES:
NOES:
ABSENT:
Chairperson Siekmann, Commissioners Black, L'Heureux, Schumacher,
Scully and Segall
Commissioner Anderson
bA'J<"s~~
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
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