HomeMy WebLinkAbout2021-03-17; Planning Commission; Resolution 7408PLANNING COMMISSION RESOLUTION NO. 7408
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN, COASTAL
DEVELOPMENT PERMIT, AND TENTATIVE PARCEL MAP FOR THE
DEMOLITION OF THE EXISTING BUILDINGS AND THE CONSTRUCTION OF A
NEW 65,350 SQUARE-FOOT AUTOMOBILE DEALERSHIP WITH A PARKING
STRUCTURE, LOCATED ON A 3.7-ACRE LOT AT 1060 AUTO CENTER COURT,
WITHIN THE CAR COUNTRY CARLSBAD SPECIFIC PLAN (SP 19(J)), THE MELLO
II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME:
CASE NO.:
BMW CARLSBAD
SOP 2019-0005/CDP 2019-0013/MS 2019-0003
(DEV2018-0198)
WHEREAS, AN Motors of Ft. Lauderdale, Inc. c/o Autonation, Inc., "Developer," has filed
a verified application with the City of Carlsbad regarding property owned by AN Motors of Ft. Lauderdale,
Inc. c/o Autonation, Inc., "Owner," described as
LOTS 2 AND 3 OF CARLSBAD TRACT NO. 87-3, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO ,COUNTY, OCTOBER 28, 1988.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan,
Coastal Development Permit, and Tentative Parcel Map as shown on Exhibit(s) "A" -"AD" dated March
17, 2021 on file in the Planning Division, SDP 2019-0005/CDP 2019-0013/MS 2019-0003 (DEV2018-0198)
-BMW CARLSBAD as provided by Chapter 21.06, Section 21.201.030 and Section 20.24.020 of the
· Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on March 17, 2021, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan, Coastal Development Permit and Tentative Parcel Map; and
WHEREAS, on March 17, 2021, the Planning Commission approved, SOP 2019-0005/CDP
2019-0013/MS 2019-0003 (DEV2018-0198)-BMW CARLSBAD, as described and conditioned in Planning
Commission Resolution No. 7408.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SOP 2019-0005/CDP 2019-0013/MS 2019-0003 (DEV2018-0198) -BMW
CARLSBAD based on the following findings and subject to the following conditions:
Findings:
Site Development Plan SOP 2019-0005
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the various goals
and objectives of the General Plan will be implemented since the proposed project falls within
an approved Specific Plan (Car Country Carlsbad Specific Plan), which was found to be consistent
with the General Plan. The proposed use, motor vehicle dealerships for retail sales and service,
is a permitted use within the Car Country Carlsbad Specific Plan (SP 19(J)). The proposed
dealership will also comply with all applicable development st.andards.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the proposed automobile dealership is a permitted use within the Car Country Carlsbad Specific
Plan (SP 19(J)) and is consistent with the existing automobile-dealership uses to-the south and
west of the project site and, therefore, will not be detrimental to the adjacent properties. The
project site will not be adversely impacted as it is currently developed with automotive services
and a rental commercial center. Traffic circulation for the proposed project was evaluated
based on the city's Transportation Impact Analysis guidelines and was determined to meet all
applicable standards. Additionally, an evaluation consistent with Vehicle Miles Travelled
guidelines was conducted and no impacts were identified. The project will add traffic to Cannon
Road between Avenida Encinas and Paseo del Norte. However, this segment was exempted
from vehicular Level of Service standards by the City Council on January 12, 2021. To comply
with General Plan Mobility Element Policy 3-P.11 the project has been conditioned to
implement Transportation Demand Management and Transportation System Management
strategies.
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3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the proposed automobile dealership complies with the required development
and design standards of Car Country Carlsbad Specific Plan (SP 19(J)). The project is consistent
with the required setbacks and has a proposed lot coverage of 40 percent, which is below the
allowable lot coverage of 50 percent for properties which include a parking structure. The height
of the sales office, service repair (including parts department) and the parking structure comply
with the height limitations of the Car Country Specific Plan.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the site functions as a component of the
Specific Plan's allowed automobile sales, service, and auto-related uses. The project has been
designed in accordance with all development and design standards of the Car Country Carlsbad
Specific Plan (SP 19(J)) and, therefore, the project is compatible with existing permitted and
future uses. Specifically, the proposed dealership will be setback from the property line along
Car Country Drive a distance of 60 feet, and 49 feet along Cannon Road. In addition, adequate
circulation, access aisles and parking spaces will be provided as well as landscaping.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that access to the site will continue to be provided
by one existing and one relocated driveway along Auto Center Court as well as one existing
driveway along Car Country Drive.
Coastal Development Permit CDP 2019-0013
6. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program and all applicable policies in that the proposed automobile dealership is
consistent with the LCP Land Use Plan, which designates the site Regional Commercial (R) and
allows for regional commercial-related uses. Furthermore, no agricultural activities, sensitive
resources, geological instability, flood hazard, or coastal access opportunities exist onsite, and
the development does not obstruct views of the coastline as seen from public lands or public
right-of-way or otherwise damage the visual beauty of the coastal zone.
7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the project
will not interfere with the public's right to physical access to the ocean and the _site is not suited
for water-oriented recreational activities.
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, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) 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.
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9. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan. Agricultural Conversion Mitigation Fees are not required in accordance with the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance).
10. The project is not located between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance).
Tentative Parcel Map MS 2019-0003
11. 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 proposed tentative parcel map
satisfies all the minimum requirements of Title 20 and has been designed to comply with other
applicable regulations, including the Growth Management Ordinance and the Regional
Commercial.General Plan Land Use designation.
12. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated Cannon Road Agricultural/Open Space, Open Space, and General
Commercial and Qualified Development Overlay (C-2-Q). Additionally, the property is located
within the Car Country Carlsbad Specific Plan (SP 19(J)). The proposed automobile dealership is
a permitted use within the Car Country Carlsbad Specific Plan (SP 19(J)) and is consistent with
the existing automobile-dealership uses to the south and west of the project site.
13. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate development in that the proposed automobile
dealership complies with the required development and design standards of the Car Country
Carlsbad Specific Plan (SP 19(J)). The project is consistent with the required setbacks and has a
proposed lot coverage of 40 percent, which is below the allowable lot coverage of 50 percent
for properties which include a parking structure. Further, the height of the sales office, service
repair (including parts department) and the parking structure comply with the height
limitations of the Car Country Specific Plan.
14. 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 the Tentative Parcel
Map includes the consolidation of Lots 2 and 3 of Map 12242, quitclaims the existing Carlsbad
Municipal Water District (CMWD) water easement, and dedicates a new CMWD water
easement. Additionally, the project is conditioned to avoid conflicts with established easements
and no additional right-of-way is required.
15. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
16. 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 the structure is designed to include a
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photovoltaic energy system, which can be used to aid the powering of the heating and air
conditioning system for the building.
17. 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 project site is an infill site, has been previously developed, and is adjacent to existing
development. Additionally, the project complies with the City of Carlsbad's Climate Action Plan .
18. 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 automobile dealership will
adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP
Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased
urban runoff, pollutants, and soil erosion.
19. The City Planner has determined that the project belongs to a class of projects that the Secretary
for Resources has found do not have a significant impact on the environment; therefore, the
project is categorically exempt from the requirement for the preparation of an environmental
document pursuant to Section 15332 -In-Fill Development Projects -of the California
Environmental Quality Act (CEQA) Guidelines.
20. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
21. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 3 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. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
22. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010, in that the proposed building is well below the
Federal Aviation Regulation Part 77 obstruction surface of 402 feet AMSL at the project site,
and thus notification is not required and the project is outside of the Airport Overflight
Notification Area and recordation of an overflight notification is not required. The project is
compatible with the projected noise levels of the ALUCP; and, based on the noise/land use
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compatibility matrix of the ALUCP, the proposed land use is compatible with the airport in that
the proposed automobile dealership is located outside of the 60 dB CNEL noise contour and
thus is not impacted by airport noise and the project site is located outside Safety Zones 1-6,
thus, the proposed land use is considered compatible within the Airport Influence Area.
23. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading
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 Site Development Plan,
Coastal Development Permit, and Tentative Parcel Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan, Coastal Development Permit, and 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 provrsrons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Sectio.n 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 menJbers, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Site Development Plan, Coastal Development Permit,
and 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
PC RESO NO. 7408 -6-
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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Tentative
Map/Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the
conditions approved by the final decision making body. The copy shall be submitted to the City
Planner, reviewed and, if found acceptable, signed by the city's project planner and project
engineer. If no changes were required, the approved exhibits shall fulfill this condition.
7. 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.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certffication 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 Map.
11. Developer shall make a separate formal landscape construction drawing plan check submittal to
the Planning Division 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. Where
landscaping is proposed in front of monument signs, consideration should be given so that the
height of the vegetation does not obstruct the lettering on the monument.
12. 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.
13. 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
3, 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.
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14. 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.
15. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
16. Developer shall construct, install, and stripe not less 198 parking spaces, as shown on Exhibit 5.
17. Prior to the issuance of the grading 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 Site Development Plan, Coastal Development Permit, and Tentative
Parcel Map by Resolution No. 7408 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.
19. 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.
20. 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 Building Official and
City Planner.
Engineering
General
21. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer sh.all apply for and obtain approval from, the city engineer for the proposed
haul route.
22. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
23. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property owner shall
maintain this condition.
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24. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
25. Developer shall prepare, submit and process for city engineer approval of a Parcel Map to
consolidate lots 2 and 3 of Map No. 12242. There shall be one Parcel Map recorded for this
project. Developer shall pay the city standard map review plan check fees.
26. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Cannon Road, Car Country Drive and Auto Center
Court as shown on the Site Plan.
Fees/ Agreements
27. 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.
28. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
29. 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.
30. Developer shall implement Transportation Demand Management strategies per the city's
Mobility Element policy 3-P.11 and Carlsbad Municipal Code section 18.51. The Transportation
Demand Management (TOM) Plan prepared during discretionary review is preliminary and shall
be finalized and approved prior to occupancy. Prior to building permit issuance, the Developer
shall have a consultation with city staff regarding submittal of the TOM Plan. Prior to occupancy,
the Developer shall submit a Tier 3 Transportation Demand Management Plan for review and
approval to the satisfaction of the city engineer.
31. Prior to occupancy, · the developer shall install transportation demand management
infrastructure measures, in accordance with the projects Transportation Demand Management
Plan, as shown on the site plan, including but not limited to the following, to the satisfaction of
the City Engineer
a) 4 covered bike parking spaces
b) 2 public bike racks with 10 bicycle spaces each
c) 1 bicycle repair station
d) 3 Car/vanpool parking
e) 1 preferential parking spaces for car and van pools
f) 3 passenger vehicle loading zone
32. Developer shall implement Transportation System Management strategies per the city's
Mobility Element policy 3-P.11. Prior to issuance of a building permit, developer shall pay for
the installation of one traffic signal controller.
Grading
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33. Upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit forth is project is required. Developer shall prepare and submit plans and technical
studies/reports for city engineer review, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
Storm Water Quality
34. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
35. 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 SW PPP plan review and inspection fees per the city's latest fee schedule.
36. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
37. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, and Low Impact Design (LID) facilities.
Dedications/Improvements
38. Developer shall cause the owner to quitclaim the existing CMWD water easement located
within Lots 2 and 3 of Map 12242 as shown on the tentat-ive parcel map.
39. 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.
40. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
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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 to
complete Cougar Drive improvements at the project frontage shown on the tentative parcel map.
Said improvements shall be installed to city standards to the satisfaction of the city engineer.
These improvements include, but are not limited the following, as shown on the tentative parcel
map:
1) Remove existing driveways and install curb, gutter and sidewalk
2) Install 2 new driveway approaches
3) Connect to existing potable water service with existing water meter and backflow
preventer
4) Install new 2" recycled water service, with 2" water meter and backflow preventers
S) Install 8" fire service and double detector check valve (DDCV)
6) Remove existing 10" public waterline located within the project property
7) Reconstruct ADA curb ramp at the intersection of Cannon Road and Car Country Drive
to meet ADA standards.
Non-Mapping Notes
42. 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) Remove existing driveways and install curb, gutter and sidewalk
2) New driveway approaches
3) Connect to existing potable water service with existing water meter and backflow
preventer
4) Install new 2" recycled water service, with 2" water meter and backflow preventers
S) Install 8" fire service and double detector check valve (DDCV)
6) Remove existing 10" public waterline located wi'thin the project site
7) Reconstruct ADA curb ramp at the intersection of Cannon Road and Car Country Drive
to meet ADA standards.
8) Connect to existing sewer lateral, add a cleanout
43. Building permits will not be issued for development of the subject property unless the appropriate
agency determines that sewer and water facilities are available.
44. 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 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
45. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
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fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered private improvements and shall be served by private water main
to the satisfaction of the district engineer.
46. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
47. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
48. The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
49. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
50. The developer shall 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.
51. 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:
52. 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.
53. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
Fees
54. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
55. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
56. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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General
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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division.
59. 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.
60. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
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.
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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 March 17, 2021, by the following vote, to wit:
AYES: Commissioners Kamenjarin, Lafferty, Luna, Meenes, Merz, Sabellico, and Stine
NOES:
ABSENT:
ABSTAIN:
ROY MEENES Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU .
City Planner
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