HomeMy WebLinkAbout2018-06-06; Planning Commission; Resolution 72981
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PLANNING COMMISSION RESOLUTION NO. 7298
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN,
CONDITIONAL USE PERMIT, HILLSIDE DEVELOPMENT PERMIT, SCENIC
CORRIDOR SPECIAL USE PERMIT, HABITAT MANAGEMENT PERMIT,
TEN:rATIVE PARCEL MAP, AND VARIANCE TO ALLOW FOR THE
CONSTRUCTION AND OPERATION OF AN 84,243 SQUARE FOOT, TWO-
STORY, PROFESSIONAL CARE FACILITY, LOCATED AT 5592 EL CAMINO
REAL, AT THE NORTHEAST CORNER OF EL CAMINO REAL AND COUGAR
DRIVE, ON AN APPROXIMATELY 3.44-ACRE SITE, ZONED OFFICE, WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: SUMMIT SENIOR CARLSBAD
CASE NO.: SOP 2017-0006/CUP 2017-0007/HDP 2017-0003/SUP
2017 -0002/HMP 2018-0002/MS 2017-004/V2018-0003
(DEV2016-0053)
WHEREAS, Summit Senior Life, LLC, "Developer," has filed a verified application with the City of
Carlsbad regarding property described as:
PARCEL 1: 209-060-56
ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT "B", AS
SHOWN ON MAP OF RECORD OF SURVEY NO. 517, RECORDS OF SAN
DIEGO COUNTY; THENCE SOUTH 0° 06' EAST ALONG THE WEST LINE OF
SAID LOT, AS SHOWN ON THE AFORESAID MAP, 1093.5 FEET; THENCE
SOUTH 87° 45' EAST, 1133.0 FEET; THENCE SOUTH 13° 12' WEST, 550.0
FEET; THENCE SOUTH 81 ° 53' EAST, 2214.4 FEET; THENCE SOUTH 9° 35'
WEST, 1003.3 FEET; THENCE NORTH 65° 45' WEST, 646.0 FEET; THENCE
NORTH 78° 32' WEST, 369.0 FEET; THENCE SOUTH 22° 37' WEST, 1236.8
FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT "B", BEING
ALSO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS A-13, AND
SHOWN ON THE MAP THEREOF ON FILE IN THE OFFICE COUNTY
SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID
SOUTHWESTERLY LINE OF SAID LOT AND SAID CENTER LINE OF SAID
ROAD, SOUTH 77° 30' EAST, 888.8 FEET; SOUTH 52° 56' EAST, 514.0
FEET; AND SOUTH 80° 12' EAST 660.0 FEET; THENCE SOUTH 80° 12 EAST
ALONG THE EASTERLY PROLONGATION OF SAID CENTER LINE, 7.6 FEET
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 20° 31' 30" EAST,
370.03 FEET; THENCE NORTH 40° 28' 30" WEST, 238.78 FEET; THENCE
SOUTH 20° 31' 30" WEST, 525.34 FEET TO THE AFOREMENTIONED
CENTER LINE OF COUNTY ROAD A-13; THENCE SOUTH 80° 12' EAST
ALONG SAID CENTER LINE AND THE EASTERLY PROLONGATION
THEREOF, 212.55 FEET TO THE TRUE POINT OF BEGINNING.
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PARCEL 2: APN 209-060-57
ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT "B", AS
SHOWN ON MAP OF RECORD OF SURVEY NO. 517, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1935;
THENCE ALONG THE WEST SIDE OF SAID LOT "B" AS SHOWN ON SAID
RECORD OF SURVEY MAP NO. 517, SOUTH 0° 06' EAST, 1093.5 FEET;
THENCE SOUTH 87° 45' EAST, 1133.0 FEET; THENCE SOUTH 13° 12'
WEST, 550.0 FEET; THENCE SOUTH 81° 53' EAST, 2214.4 FEET; THENCE
SOUTH go 35' WEST, 1003.3 FEET; THENCE NORTH 65° 45' WEST, 646.0
FEET; THENCE NORTH 78° 32' WEST, 369.0 FEET; THENCE SOUTH 22° 37'
WEST, 1236.8 FEET TO THE CENTER LINE OF THE COUNTY ROAD A-13 AS
SHOWN ON SAID RECORD OF SURVEY MAP NO. 517; THENCE ALONG
SAID CENTER LINE AS FOLLOWS: SOUTH 77° 30' EAST, 888.8 FEET;
SOUTH 52° 56' EAST, 514.0 FEET; AND SOUTH 80° 12' EAST 455.05 FEET
TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO
STEVEN GREGORY, ET UX, RECORDED DECEMBER 4, 1956 IN BOOK 6367,
PAGE 25 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID GREGORY'S
LAND, NORTH 20° 31' 30" EAST, 525.34 FEET TO THE MOST NORTHERLY
CORNER OF SAID LAND; THENCE ALONG THE NORTHWESTERLY
PROLONGATION OF THE NORTHEASTERLY LINE OF SAID GREGORY'S
LAND, NORTH 40° 28' 30" WEST TO THE INTERSECTION OF A LINE BEING
PARALLEL WITH AND DISTANT 100 FEET NORTHWESTERLY OF THE
NORTHWESTERLY LINE OF SAID GREGORY'S LAND; THENCE SOUTH 20°
31' 30" WEST ALONG SAID PARALLEL LINE TO THE CENTER LINE OF SAID
COUNTY ROAD A-13; THENCE ALONG SAID CENTER LINE SOUTH 80° 12'
EAST TO THE TRUE POINT OF BEGINNING
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan, Conditional
Use Permit, Hillside Development Permit, Scenic Corridor Special Use Permit, Habitat Management
Permit, Tentative Parcel Map, and Variance as shown on Exhibit(s) "A" -"AA" dated June 6, 2018, on file
in the Planning Division, SOP 2017-0006/CUP 2017-0007/HDP 2017-0003/SUP 2017-0002/HMP 2018-
0002/MS 2017-004/V 2018-0003 (DEV2016-0053) -SUMMIT SENIOR CARLSBAD, as provided by
Chapters 20.24, 21.06, 21.40, 21.42, 21.50, 21.95 and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 6, 2018, hold a duly noticed public hearing as
prescribed by law to consider said request; and
PC RESO NO. 7298 -2-
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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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission APPROVES
SDP 2017-0006/ CUP 2017-0007 /H DP 2017-0003/SU P 2017-0002/H MP 2018-0002/MS 2017-004/V 2018-
0003 -SUMMIT SENIOR CARLSBAD, based on the following findings and subject to the following
conditions:
Findings:
Site Development Plan {SDP 2017-0006)
1.
2.
That the proposed development or use is consistent with the General Plan and any applicable
master plan {as amended) 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 project
design complies with the requirements of the zoning ordinance, Title 21, except for a deviation
in building height (from the El Camino Real Corridor Development Standards) and variance
request as discussed in the findings below. The project is in compliance with the General Plan
in that the professional care facility will provide additional shelter for Carlsbad residents, the
use is compatible with adjacent residential and office/light industrial uses, and the project will
meet all required Building and Fire Codes.
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 3.44-acre site is adequate in size and shape to accommodate a professional care facility.
The site does not have any constraints that would impede development or require significant
site alterations. The professional care facility with the requested variance and standard
modification satisfies all applicable requirements, including but not limited to building setback,
landscaping in the setbacks, lot coverage, parking requirements, and El Camino Real Corridor
design theme standards. The design of the facility is compatible with the adjacent residential
use and provides a visual transition between the adjacent light industrial office uses across
Cougar Drive to the south and the abutting residential homes to the north. The proposed
professional care facility use will replace and expand upon the professional care facility use,
Madonna Hill Guest Home assisted living facility, that previously operated on the site from the
mid-1950s until 2014. The use is compatible with adjacent residential and light industrial/office
uses and will serve as a buffer between those uses. The existing surrounding streets which are
fully improved have adequate capacity to accommodate the 366 Average Daily Trips (ADT)
generated by the project.
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3.
4.
5.
That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the project complies with all development standards of the Office zone with the
requested variance and standard modification as demonstrated in the staff report, including
setbacks, building coverage, landscaping requirements, parking, and height restrictions.
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 proposed two-story professional care
facility building, parking, and other necessary improvements can fit within the developable area
of the lot and all applicable development standards have been met with the requested variance
and standard modification. Adequate vehicle circulation has been provided to accommodate
safety and truck turning movements. Access to the site will be provided by Cougar Drive.
Pedestrian and cyclist connections to the overall circulation network along El Camino Real have
been provided. The professional care facility with the requested variance and standard
modification satisfies all applicable requirements, including but not limited to building setbacks,
landscaping in the setbacks, lot coverage, parking requirements, and El Camino Real Corridor
design theme standards.
That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the project site will be accessed off of Cougar
Drive, which can accommodate the 366 ADT expected to be generated by the proposed
professional care facility. The project is not anticipated to impact the existing levels of service
on El Camino Real and Cougar Drive.
Conditional Use Permit {CUP 2017-0007}
6.
7.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and is not
detrimental to existing uses specifically permitted in the zone in which the proposed use is
located, in that the proposed professional care facility will provide shelter for Carlsbad residents
in need of social interaction activities, medical care, dietary, exercising or other medically
recommended programs. The proposed professional care facility use will replace and expand
upon the professional care facility use, Madonna Hill Guest Home assisted living facility, that
previously operated on the site from the mid-1950s until 2014. The use is compatible with
adjacent residential and light industrial/office uses and will serve as a buffer between those
uses. The project will result in development of an underutilized lot. The facility is in harmony
with the General Plan by providing desired professional care facility shelter, and the proposed
use has been designed to be compatible with the surrounding uses.
That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located, in that the proposed use is compatible with
adjacent residential and light industrial/office uses and will serve as a buffer between those
uses. The use does not create negative noise, traffic, or visual impacts. Lastly, ingress and
egress to the site is safe by providing access off of a private driveway from Cougar Drive.
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8.
9.
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 3.44-acre site is adequate in size and shape to accommodate a professional care facility.
The site does not have any constraints that would impede development or require significant
site alterations. The professional care facility with the requested variance and standard
modification from the El Camino Real Corridor Development Standards satisfies all applicable
requirements, including but not limited to building setback, landscaping in the setbacks, lot ·
coverage, parking requirements, and El Camino Real Corridor design theme standards. Lastly,
the design of the facility is compatible with the adjacent residential use, and provides a visual
transition between the adjacent light industrial office uses across Cougar Drive to the south and
the abutting residential homes to the north.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the project site will be accessed off of Cougar Drive, which
can accommodate the 366 ADT expected to be generated by the proposed professional care
facility. The project is not anticipated to impact the existing levels of service on El Camino Real
and Cougar Drive.
Hillside Development Permit (HDP 2017-0003)
10.
11.
12.
Undevelopable areas of the project, pursuant to Section 21.53.230{b) of this code, have been
properly identified. /
The project complies with the purpose and intent provisions of Section 21.95.010 of this chapter
in that: 1) the existing hillside conditions have been properly identified on a constraints map
with a slope analysis and slope profiles and have been incorporated into the project; and 2) the
project design and grading will preserve and enhance the aesthetic qualities of the site by
limiting the area of grading and accommodating a stepped grade design so that the building
follows the existing contours of the site.
The project design substantially conforms to the hillside development guidelines manual in that
the proposed grading volume is 8,110 cubic yards volume of grading, which is within the
potentially acceptable range per CMC Section 21.195.140(D). Potentially acceptable grading
volumes are subject to the approval of the city planner and city engineer. Both the city planner
and engineer have reviewed the volume of grading and determined that the proposed hillside
grading cut will enable a stepped building design that complements the downward sloping
topography of the site and reduces perceived building mass. None of the manufactured slopes
exceed a height of 40 feet. Furthermore, the graded slopes will be landscaped pursuant to the
City's Landscape Manual and Habitat Management Plan. The combined effect will soften the
appearance of the graded slopes.
Scenic Corridor Special Use Permit (SUP 2017-0002)
13. The project is consistent with the purposes of this chapter and all other applicable requirements
of this code in that the project complies with all applicable provisions of the El Camino Real
Corridor Development Standards, except as discussed elsewhere in these findings. The Spanish
architecture is an appropriate architectural style for the residential-like character of the use and
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14.
15.
the Scenic Preservation Overlay allows for a variety of architectural styles. The project provides
adequate setbacks from El Camino Real to preclude a "tunnel effect" of buildings along the
roadway. The project does not obscure scenic views or impair traffic safety along El Camino
Real. The proposed building design "steps down" and follows existing topography.
The proposed project is consistent with the General Plan, Local Coastal Program (project is not
located in Coastal Zone), and applicable Master or Specific Plans in that the property is proposed
to be developed with a professional care facility use, which is expressly authorized by the Zoning
Ordinance and General Plan regulations governing the subject property with the approval of a
conditional use permit.
The proposed project will not adversely affect the scenic, historical, or cultural qualities of the
property in that there are no notable landmarks, mountains or other unique topographical
features on the property. The project's Cultural Resources Survey determined that the existing
buildings on-site are not of significant historical or cultural value.
El Camino Real Corridor Development Standards Deviations (SUP 2017-0002)
16.
17.
That compliance with a particular standard (Building Height) is infeasible for a particular project,
in that it is not feasible to avoid the two portions of the building with an overlap where the
building height of 43'-3.5" exceeds the maximum 35' height standard due to the sloping of the
grade between building pads ("grade steps") and the need to provide elevator access amongst
the floors. The overlap of the building levels at the grade steps is an important feature for the
operation of the professional care facility use; the feature allows elevator service to the building
levels and is important to the function and safety of the future residents of the facility. Visually,
the finished grade reduces the perceived height of these two areas, which makes the areas
appear no taller than the rest of the building. Furthermore, spreading out the building over a
greater area of the site to reduce building height is infeasible due to the following: 1) limited
access to the site restricts the location of the building footprint and dictates where Fire
Department circulation for access to the building can be located towards the rear (north end)
of the site; 2) the rear of the property falls within.a PCCSYA (Potential Critical Coarse Sediment
Yield Area) area, that prohibits disturbance at a portion of the northwest and north side of the
property. The requirement of the PCCSYA to allow treated and modified storm water to
continue to flow over the sediment area requires a retention basin and outfall structures that
also limit the available area for a building footprint at the rear of the site; 3) there is a
water/sewer easement that runs the full width (west to east) at the rear of the property that
prevents development at the north end. Lastly, the entry tower, proposed at 38'-6.5", is part
of the architectural character of the building. The tower is part of the design theme of "Old
California/Hispanic" as stated in the City of Carlsbad El Camino Real Corridor Development
Standards.
That the scenic qualities of the corridor will continue to be maintained if the standard is not
fulfilled in that a deviation in building height from 35' to 43'-3.5" will not affect the scenic
qualities of the corridor as this site primarily slopes down from El Camino Real. There is
currently no view across the property as a landscaped berm exists in the extended right-of-way
(ROW) between the back of sidewalk and the property line, which results in little scenic value
worthy of preservation. The existing topography screen is maintained to a large extent in the.
proposed project, augmented by new landscaping that will continue throughout the extended
ROW to the back of sidewalk, enhancing the appearance of the El Camino Real roadway.
Furthermore, the proposed building design "steps down" and follows existing topography and
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18.
19.
the over-height building areas cannot be seen from the view of the El Camino Real Corridor.
The visible tower element is integral to the Spanish design of the building.
That the project will not have an adverse impact on traffic safety in that the building will not be
located within the path of travel for any vehicles nor does building height have any impact on
traffic safety. The 366 ADT expected to be generated by the proposed professional care facility
is not anticipated to impact the existing levels of service on El Camino Real and Cougar Drive.
That the project is designed so as to meet the intent of the scenic preservation overlay zone in
that the proposed design of the building was executed with the priorities of the Scenic
Preservation Overlay zone in mind. The proposed building design steps down in grade,
following existing topography, and the building overlap areas where the building exceeds the
35' height limitation cannot be seen from the view of the El Camino Real corridor. The Spanish
architecture is an appropriate architectural style for the residential-like ch~racter of the use and
the Scenic Preservation Overlay allows for a variety of architectural styles. The visible tower
element is integral to the Spanish design of the building.
Habitat Management Permit {HMP 2018-0002)
20.
21.
22.
23.
24.
25.
That APN 212-060-56-00 and 209-060-57-00 of the Summit Senior Carlsbad project is shown in
Figure 28 of the approved HMP as a "Development Area," and is not a proposed hardline or
standards area.
That authorization to impact sensitive habitats through the removal of 2.67 acres of Group F
{Disturbed Lands) vegetation and 0.13 acres of Group D {southern mixed chaparral) habitat is
subject to continuous compliance with all provisions of the Habitat Management Plan for Natural
Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the
HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and
the Biological Opinion.
That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
{SCH No. 93121073).
That all impacts to habitat wi.11 be incidental to otherwise lawful activities related to construction
and operation of the Summit Senior Carlsbad project.
That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the
native habitat contained on this project site is not a part of, nor is of any biological value to, the
HMP citywide regional habitat preserve system. The impact to 0.13 acres of habitat will not
jeopardize the existence or survival of any rare, threatened or endangered plant or animal
species, and the impact will be mitigated through the payment of habitat in-lieu mitigation fees
as a condition of approval of the project.
That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
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26.
27.
28.
That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
That the City planner is authorized to sign the Take Permit.
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 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. Pursuant to the HMP, the project has been conditioned to pay a
habitat in-lieu fee for disturbing 2.67 acres of Group F (Disturbed Lands) vegetation and 0.13
acres of Group D (southern mixed chaparral) habitat.
Tentative Parcel Map (MS 2017-004}
29.
30.
31.
32.
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 professional care facility use is
expressly authorized by the Zoning Ordinance and General Plan regulations governing the
subject property with the approval of a conditional use permit. The merger of the two lots into
one lot satisfies all minimum requirements of Titles 20 and 21 regarding lot sizes and
configuration and has been designed to comply with all other applicable regulations.
That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for Planned Industrial (Pl}, Open Space (OS}, and Residential (R-8}
development on the General Plan, in that the subject property with the proposed professional
care facility is compatible with adjacent residential and light industrial/office uses and will serve
as a buffer between those uses.
That the site is physically suitable for the type of the development since the site is adequate in
size and shape to accommodate the two-story professional care facility building in that the
proposed building on the proposed single lot meets all development standards and design
criteria required by the Ozone, with the requested variance and standard modification, for the
merger of the two lots into one lot, including but not limited to requirements for access,
minimum lot size, lot width and setbacks.
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 developer has
delineated and preserved on the parcel map all existing easements of record.
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33.
34.
35.
That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
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 has been previously developed and is surrounded by existing development.
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.
Variance {V 2018-0003)
36. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification, in that:
a) The proposed 5' retaining wall in the front yard setback area is needed to accommodate the
proposed driveway access from Cougar Drive at a lower elevation, which allows for contour
grading and the building to be stepped into the slope to match the existing topography per the
El Camino Real Scenic Corridor standards. The driveway cannot be located along an alternative
frontage such as El Camino Real as it is not a preferred location. There are no other properties
in the vicinity, similarly zoned or otherwise, that have limited locations for driveway access.
The retaining wall will not be visible from the adjoining property to the south, from El Caniino
Real or from Cougar Drive due to the existing grades and vegetation, which are features that
will remain with the proposed design.
b) The areas of parking space and drive aisle that encroach into the 30' front yard setback is
mitigated by excess right-of-way between El Camino Real and the property. The excess right-
of-way between El Camino Real and the property is 25' to 80', which serves as the intended
setback of 30' between El Camino Real and the parking/driveway areas. There are no other
properties in the vicinity under identical zoning that have this extended right-of-way between
the street and the front property line. Furthermore, the parking and driveway areas are visually
screened by an existing landscaped berm that is proposed to remain.
c) A solid masonry wall along the common lot line between the residential use and the subject
property would create a barrier to the existing and proposed drainage that allows water to shed
to an existing brow ditch located in the residential subdivision, which leads to the City's storm
drain system. A physical barrier (solid wall) would necessitate capturing additional water runoff
on site and the enlargement of the biofiltration basin, which is not only a hardship for the
project by forcing complications to the design and use of the property, but is also a less desirable
approach to handling storm water. Furthermore, the proposed fence achieves similar visual
screening as a block wall; existing landscape on the 40'-50' downward slope limits the visibility
of the fence from the residential building pads; and a solid wall is not necessary for sound
attenuation as the 40' plus vertical and 70' plus horizontal separation between the residential
building pads and the proposed site is a substantial distance that allows for substantial noise
dissipation.
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General
40.
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That the variance shall not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zone in which the subject' property is located and is
subject to any conditions necessary to assure compliance ~ith this finding, in that
a) No other properties in the vicinity of a similar zoning are burdened with such significant
limitations on access to public roadways combined with maintaining contour grading to match
the existing sloping topography per the El Camino Real Scenic Corridor standards; b) no other
properties in the vicinity of a similar zoning are burdened with such significant limitations by an
extended right-of-way, which effectively functions as a front yard setback from El Camino Real;
and c) no other properties in the vicinity of a similar zoning are burdened with having to
maintain a unique watershed and there is an existing drainage facility that is adequate and
appropriate to handle the flows to the north.
That the variance does not authorize a use or activity which is not otherwise expressly authorized
by the zone regulation governing the subject property, in that the granting of the variance does
not authorize a use which is not otherwise expressly permitted by the zoning regulations. The
professional care facility is a conditionally permitted use within the Office (0) zone. Therefore,
a deviation to allow parking, a driveway, and a 5' wall in the front yard setback area as well as
a 6' composite fence on the property line (as opposed to a masonry wall) does not authorize a
use or activity which is not authorized by the zone.
That the variance is consistent with the general purpose and intent of the General Plan and any
applicable specific or master plans, in that the proposed use is expressly authorized by the Zoning
Ordinance and General Plan regulations governing the subject property with the approval of a
conditional use permit. The granting of a variance to allow parking, a driveway, and a 5' wall in
the front yard setback area as well as a 6' composite fence on the property line (as opposed to
a masonry wall) is consistent with the general purpose and intent of the General Plan for the
Office Land Use designation.
I
The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport {ALUCP), dated December 1, 2011, in that the project is consistent with the noise
criterion because it is outside the 60dB CNEL range. It is located in safety zone 6 and is a
compatible use within the zone. The Federal Aviation Administration determined the project
to be of no hazard to airspace. The project is not required to provide an overflight notification
because the use is professional care facility and not residential.
That the City planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332 -In-fill Development Projects of the state CEQA
Guidelines. In making this determination, the City planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
42. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan f~r Zone 15 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.
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44.
That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
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 recordation of a parcel
map or issuance of a grading permit or building permit, whichever occurs first.
1.
2.
3.
4.
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,
Conditional Use Permit, Hillside Development Permit, Scenic Corridor Special Use Permit,
Habitat Management Permit, Tentative Parcel Map, and Variance.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan, Conditional Use Permit, Hillside Development
Permit, Scenic Corridor Special Use Permit, Habitat Management Permit, Tentative Parcel Map,
and Variance 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.
Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Site Development Plan, Conditional Use Permit,
Hillside Development Permit, Scenic Corridor Special Use Permit, Habitat Management Permit,
Tentative Parcel Map, and Variance, (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 liabilitie-s arising from the emission by the facility of
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7.
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9.
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12.
13.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the Director from
the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 15 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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.
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.
CUP 2017-0007 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 frauq or misrepresentation; or (2) the use for which
such approval is granted is not being exercised; or (3) the conditions of approval have not been
met; or (4) the conditional use permit is being or recently has been exercised contrary to any of
the terms or conditions of approval; or (5) the use for which such approval was granted has ceased
to exist or has been suspended for one year or more; or (6) the use is in violation of any statute,
ordinance, law, or regulation; or (7) the use permitted by the ~onditional 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.
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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
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.
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.
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15.
16.
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18.
19.
Developer shall report, in writing, to the city planner within 30 days, any address change from
that which is shown on the permit application.
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 CFO
#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
15, 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.
Prior to the issuance of a grading permit, the Developer shall submit to the city a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
planner, notifying all1 interested parties and successors in interest that the City of Carlsbad has
issued a Conditional Use Permit, Hillside Development Permit, Scenic Corridor Special Use
Permit, Habitat Management Permit, Tentative Parcel Map, and Variance by Resolution No.
7298 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.
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.
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.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property. Project lighting shall be in the amber wavelength and directed
away from native habitat or shielded to minimize light pollution.
20. 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. 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. Pursuant to the HMP, the project has been
conditioned to pay a habitat in-lieu fee for impacts to 2.67 acres of Group F (Disturbed Lands)
vegetation and 0.13 acres of Group D (southern mixed chaparral) habitat.
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24.
If clearing and grubbing activities are to occur within the avian breeding season, a general bird
and raptor nest survey must be conducted by a qualified biologist within the project area,
including a 500-foot buffer around the project footprint, within three days before the start of
construction. If an active bird nest is discovered, a 300 to 500 foot (as determined by a biologist)
"no construction activity" buffer shall be established around the tree until the young are
independent of the nest site.
Signage and fencing shall be installed along the northern project limits to inform people that
there is no public access into the adjacent proposed hardline preserve, the sensitive nature of
the proposed adjacent hardline, and associated habitats that are being protected.
Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, the project developer shall:
a.
b.
Retain the services of a qualified archaeologist who shall be on-site to monitor ground-
disturbing activities. In the event cultural resource material is encountered, the
archaeologist is empowered to temporarily divert or halt grading to allow for
coordination with the Luiseno Native American monitor and to determine the
significance of the discovery. The archaeologist shall follow all standard procedures for
cultural resource materials that are not Tribal Cultural Resources, in accordance with
applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural
and Paleontological Resources Guidelines (2017).
Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other luiseno Native American tribe that meets all standard requirements of
the tribe for such Agreements, in accordance with applicable laws and regulations
including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources
Guidelines (2017). This agreement will address provision of a Luiseno Native American
monitor and contain provisions to address the proper treatment of any Tribal Cultural
Resources and/or Native American human remains inadvertently discovered during the
course of the project. The agreement will outline the roles and powers of the luiseno
Native American monitor and the archaeologist.
A high standard and high-quality appearance fence that has a comparable life span to a CMU
fence that allows for the needed drainage for the area shall be installed along the property line
adjacent to the residential properties, subject to final approval by the City Planner.
Engineering:
General
25.
26.
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.
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.
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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.
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.
Developer shall prepare, submit and process for city engineer approval a Parcel Map to
consolidate the two existing lots. There shall be one Parcel Map recorded for this project.
Developer shall pay the city standard map review plan check fees.
Fees/ Agreements
30.
31.
32.
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.
Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
33. Upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports for city engineer review, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
Storm Water Quality
34.
35.
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.
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.
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
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37.
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.
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.
39.
40.
Developer shall cause the owner to vacate a portion of the existing public right-of-way as shown
on the tentative parcel map.
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 to:
1) Curb, gutter and sidewalk
2) Driveway approach
3) Street Pavement
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.
Non-Mapping Notes
41.
42.
43.
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) Curb, gutter and sidewalk
2) Driveway approach
3) Street Pavement
Building permits will not be issued for development of the subject property unless the appropriate
agency determines that sewer and water facilities are available.
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.
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Utilities
44.
45.
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50.
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 private improvements and shall be served by private water main
to the satisfaction of the district engineer.
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.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
The developer shall design landscape and irrigation plans to utilize recycled water as a source (if
recycled water is available in the future) and prepare and submit a colored recycled water use
map to the Planning Department for processing and approval by the district engineer.
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.
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.
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:
51.
52.
53.
54.
55.
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 site plan are for planning purposes only.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 15 as required by Carlsbad Municipal Code Section 21.90.050.
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 or
occupancy permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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58.
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61.
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.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
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.
Subdivider shall comply with Section 20.16.040{d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
This tentative map shall expire two years from the date on which the final approving body voted
to approve this application.
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 June 6, 2018, by the following vote, to wit:
DON NEU
City Planner
AVES:
NOES:
ABSENT:
PC RESO NO. 7298
V. Anderson, N. Black, C. Luna, R. Meenes, J. Segall
M . Montgomery, L. Geidner
None
-18-