HomeMy WebLinkAbout2009-09-02; Planning Commission; ; CUP 03-18AX1 - PINE AVENUE PARK TEMPORARY BUILDINGThe City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Conditional Use Permit Extension
P.C. AGENDA OF: September 2, 2009
Item No.
Application complete date: July 28, 2009
Project Planner: Chris Garcia
Project Engineer: Clyde Wickham
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SUBJECT: CUP 03-lS(A)xl -PINE AVENUE PARK TEMPORARY BUILDINGS -
Request for a five-year extension of CUP 03-18(A) to allow the continued use of
temporary, mobile buildings and extend in perpetuity a proposed permanent
restroom and storage building at Pine A venue Park, 801 Pine A venue, in Local
Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6638
APPROVING a five-year extension and an extension in perpetuity of CUP 03-18(A) based
upon the findings and subject to the conditions contained therein.
II. INTRODUCTION
This proposed five-year extension of CUP 03-18(A) will allow the continued use of temporary,
mobile buildings used for City Parks and Recreation offices and restroom facilities, and extend
in perpetuity the proposed permanent restroom and storage building at 801 Pine A venue from
September 15, 2009 through September 14, 2014.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant, City of Carlsbad, is requesting a five-year extension of CUP 03-18(A) to allow
the continued use of two temporary, mobile buildings used for a City Parks and Recreation
offices and restroom facilities, and extend in perpetuity the proposed permanent restroom and
storage building at this site. On September 15, 2004 the Planning Commission approved CUP
03-18(A). Condition No. 10 of the approving CUP Resolution No. 5731 specifies that CUP 03-
1 S(A) is granted for a period of five years but may be extended upon written application of the
permittee (City of Carlsbad).
The two mobile buildings are being used temporarily for restrooms, park's operations offices and
to conduct park programs. The buildings sit near the same site of the approved, future 20,000
square foot community center. Due to budgetary constraints, construction of the community
center has not taken place and there is no solid timeline to when it may be constructed.
Therefore, the need for the mobile buildings still exists. However, the approved future restroom
and storage building is proposed to be constructed in the next five years. Once this structure is
complete, the mobile building being used for restrooms will no longer be needed· and will be
removed.
CUP 03-18(A)x 1 -PINE A VENUE PARK TEMPORARY BUILDINGS
September 2, 2009
Pae 2
Per Section 21.42.140 B, mobile buildings are only permitted by CUP for terms of five years
unless extended by the Planning Commission. The proposed permanent restroom and storage
building is not subject to the five-year term and can be extended in perpetuity. The CUP for the
park itself has no expiration date.
IV. ANALYSIS
A. The existing mobile building continues to be consistent with all applicable plans, policies
and regulations described below:
1. Carlsbad General Plan;
2. Title 21 of the Carlsbad Municipal Code; and
3. Local Facilities Management Plan Zone 1.
B. The adopted project findings for CUP 03-18(A), which are contained in Planning
Commission Resolution No. 5731 still apply to this project (CUP 03-18(A)xl).
C. The adopted project conditions for CUP 03-18(A), which are contained in Planning
Commission Resolution No. 5731 still apply to this project (CUP 03-18(A)x 1) with the
exception of Condition No. 10 which is amended by Condition No. 4 in Planning
Commission Resolution No. 6638 to extend CUP 03-18(A)xl for five years from
September 15, 2009 through September 14, 2014.
D. No formal written complaints regarding CUP 03-18(A) have been submitted to the City.
E. Annual reviews have been conducted for CUP 03-l 8(A) and the project is in compliance
with all conditions of approval. The mobile buildings are well maintained and have
skirting to screen the trailer chassis as well as landscaping surrounding them.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301,
Existing Facilities and 15303, Construction or Conversion of Small Structures, and will not have
any adverse significant impact on the environment.
ATTACHMENTS:
1. • Planning Commission Resolution No. 6638
2. Location Map
3. Reduced Exhibit "A" of CUP 03-18(A), dated September 15, 2004
4. Planning Commission Resolution No. 5731, dated September 15, 2004
5. Planning Commission Resolution No. 5526, dated December 17, 2003
SITE MAP
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Pine Avenue Park Temporary Buildings
CUP 03-18AX1
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PUBLIC UTILITIES AND DISTRICTS
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Poliee:
Schools:
San mega Gas & Electric
Pacific Sell Telephone
City of Carlsbad
Cily of Carlsbad
City of Carlsbad
Cityofcarlsbad
Cityof Gansbad
Carlsbad Unified School District
SITE SUMMARY
Location:
Assesso(s parcel number.
Site acreage:
Existing zone and land use:
Proposed land use:
Building square footage:
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MADISON STREET
"''"" CITY OF CARlBBAD
1200 CARLSBAD YII..LACE ORl\'E -CARLSl:IAO. CA 92008
PHONE: (760) •~-2820 -f""AX (760) 720-9-461
APPiJCANT:
CITY OF CARlBBAD
RECREATION DEPARTMENT
PARK DEVELOPMENT l)IVISION
1200 CARLSBAD I/Ill.ACE ORI'-"£ -CARlSQ,t.(), CA 92008
PHON( (760) ~-2826 -FAX (760) 720-6911
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LOCATION MAP
TITLE SHEET
RE<;ISIVEO
-JUL-1-Zzoot·~
CfTY OF CARL.SBAlJ PLANNING DEPT.
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PLANNING COMMISSION RESOLUTION NO. 5731
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
THE ADDITION OF A STORAGE/RESTROOM BUILDING
AND TWO MOBILE BUILDINGS ON THE PINE A VENUE
PARK SITE ON PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF HARDING STREET AND
CHESTNUT A VENUE IN LOCAL FACILITIES MANAGE-
MENT ZONE 1.
CASE NAME: PINE A VENUE PARK
CASE NO.: CUP 03-18(A)
WHEREAS, City of Carlsbad, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Tract 110 of Carlsbad Lands, according to Map No. 1661, filed
in the Office of the County Recorder on February 27, 1915;
and Portions of Blocks 45, 46, and 59 and Lots 5 through 10 of
Town of Carlsbad Amended, according to Map No. 775, filed
in the Office of the County Recorder on February 15, 1893, all
in the City of Carlsbad, County of Sao Diego, State of
California
("the Property''); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A" -"E" dated September 15, 2004, on file in the Planning
Department, PINE AVENUE PARK -CUP 03-18(A), as provided by Chapter 21.42 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of September 2004,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
WHEREAS, on February 10, 2004, the City Council approved CUP 03-18, as
described and conditioned in Planning Commission Resolution No. 5526.
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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 PINE AVENUE PARK-CUP 03-lS(A), based on the following
findings and subject to the following conditions:
Findings:
2.
3.
4.
5.
6.
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 structures serve the park use which is
desirable to provide a recreational opportunity for the residents of the northwest
quadrant of the city and is harmonious with the Parks and Recreation Element of
the General Plan; the storage/restroom building has been designed to be compatible
with the existing Senior Center building and future structures within the park; the
mobile buildings site development will include landscaping to partially screen the
structures from public views; and no additional traffic above that anticipated with
the original park CUP approval is proposed.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site can accommodate the proposed buildings and can still provide all
required parking, screening and other amenities of the originally approved park
development.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposal includes enhanced landscaping to
partially screen the mobile building from public views.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that ·no additional traffic above that anticipated with
the original park CUP approval is proposed.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, based on the facts set forth in
the staff report dated September 15, 2004 including, but not limited to the following:
The proposed structures would provide necessary support and program space
outdoor recreation uses within Pine Avenue Park;
PC RESO NO. 5731 -2-
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7.
8.
The proposed storage/restroom building will meet all applicable requirements of the
UBC and State building requirements and the proposed mobile buildings will meet
the seismic standards as regulated by the State Department of Housing and
Community Development.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 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.
That the Planning Director 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 15303 -New Construction
or Conversion of Small Structures of the State CEQA Guidelines. In making this
determination, the Planning Director has found that the exceptions listed in Section
15300.2 of the state CEQA Guidelines do not apply to this project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
1.
2.
3.
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; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any 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
PC RESO NO. 5731 -3-
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5.
6.
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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 oflaw.
Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
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 1 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 Conditional Use Permit shall be reviewed by the Planning Director 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 and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit Amendment is granted for a period of five (5) years
from September 15, 2004 through September 14, 2009. This permit may be revoked
at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or
the conditions imposed herein have not been met. This permit may be extended for
a reasonable period of time not to exceed five (5) years upon written application of
the permittee made no less than 90 days prior to the expiration date. The Planning
Commission may not grant such extension, unless it finds that there are no
substantial negative effects on surrounding land uses or the public's health and
welfare. If a substantial negative effect on surrounding land uses or the public's
health and welfare are found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no
limit to the number of extensions the Planning Commission may grant.
This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 03-18) as contained in Planning Commission Resolution No. 5526.
12. Minor additions to existing buildings (not including mobile buildings) or facilities
and new accessory buildings (not including mobile buildings) consistent with public
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use and enjoyment of the park may be approved by the Planning Director provided
that additions to existing buildings do not exceed ten (10) percent of the floor area of
the existing structure and new buildings do not exceed 1,500 square feet.
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 ~
"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.
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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 the 15th day of September 2004 by the
following vote, to wit:
AYES: Chairperson Whitton; Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Segall
NOES:
ABSENT:
ABSTAJN:
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
M~=,~~
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 5526
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION AND OPERATION OF A CITY COM-
MUNITY PARK AND THE CONTINUED OPERATION OF
THE SENIOR CENTER ON PROPERTY GENERALLY
LOCATED WEST OF HARDING STREET, BETWEEN PINE
A VENUE AND CHESTNUT A VENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: NORTHWEST QUADRANT COMMUNITY
PARK AND SENIOR CENTER
CASE NO.: CUP 03-18
WHEREAS, City of Carlsbad, ''Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Tract 110 of Carlsbad Lands, according to Map No. 1661, filed
in the Office of the County Recorder on February 27, 1915;
and Portions of Blocks 45, 46, and 59 and Lots 5 through 10 of
Town of Carlsbad Amended, according to Map No. 775, filed
in the Office of the County Recorder on February 15, 1893, all
in the City of Carlsbad, County of San Diego, State of
California
("the Property''); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Pennit as shown on Exhibits "A" -"M" dated December 17, 2003, on file in the Carlsbad
Planning Department, NORTHWEST QUADRANT COMMUNITY PARK AND SENIOR
CENTER-CUP 03-18, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 17th day of December 2003,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP.
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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 NORTHWEST QUADRANT COMMUNITY PARK AND
SENIOR CENTER-CUP 03-18, based on the following findings and subject to
the following conditions:
Findings:
1.
2.
3.
4.
5.
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 park use is desirable to provide a recreational
opportunity for the residents of the northwest quadrant of the city and will be
harmonious with the proposed Open Space General Plan designation and the park
has been designed to be compatible and not detrimental to surrounding uses by the
placement of more passive use areas closer to surrounding residences and provision
of a wooden screening fence.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the site can accommodate the proposed uses and can provide all required
parking, screening and other amenities.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed project includes a wooden screening
fence around the ornamental garden and large areas of landscaping to properly
screen the use from other surrounding uses and all lighting will be low-intensity and
will be screened to prevent unnecessary light spillage and lights will be turned off at
10:00 p.m.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the street system serving the project consists of
local roadways which can handle the anticipated 390 ADT to be generated by the
proposed project and all required parking (255 spaces) can be provided.
This Conditional Use Permit supercedes CUP 88-04 for the Carlsbad Senior Center.
6. That the proposed project is exempt from the 25-foot building height limit contained
in the underlying O-S (Open Space) Zone due to the fact that a building height of 35
feet: a) is necessary for the intended use of the building; b) is necessary to the
architectural design of the proposed community center building; c) is compatible
with surrounding uses; and d) has already been approved in the Northwest
Quadrant Community Park Master Plan.
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7.
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9.
The Planning Commission finds that the project, as conditioned herein, is in confonnance
with the Land Use and Open Space and Conservation Elements of the City's General
Plan, based on the facts set forth in the staff report dated December 17, 2003.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 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; schoo1s; 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.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 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 tenns, 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 pennits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
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 provisions 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
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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.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City's approval is not
validated.
Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
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 1 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 Conditional Use Permit shall be reviewed by the Planning Director 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 and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for an unlimited time period. This permit
may be revoked at any time after a public hearing, if it is found that the use has a
substantial detrimental effect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met.
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This approval is granted subject to the approval of GPA 03-09 and ZC 03-06 and is
subject to all conditions contained in Planning Commission Resolutions No. 5524 and
5525 for those other approvals incorporated he~ein by reference.
Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
Developer shall submit and obtain Planning Director 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 Department 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.
Prior to the issuance of the grading or building permit, whichever occurs first,
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 Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolution No. 5526 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
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Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
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.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
Developer shall construct, install and stripe not less than 255 parking spaces, as shown on
Exhibit "B", dated December 17, 2003.
Developer shall install bike racks to the satisfaction of the Planning Director.
Engineering:
General
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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.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards and shall place the following
statement on the grading and landscape plans for this project
Type I
''No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standard Public Street-Design Criteria, Section
8.B.3. The underlying property owner shall maintain this condition."
Type II
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within the Caltrans corner sight distance
corridors. No obstructions shall impede nor conflict with the line-of-sight which is
established per City Standard Public Street-Design Criteria, Section 8.B.1 The sight
line is depicted on the Site Plan."
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The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
Grading
27. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
Dedications/Improvements
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Developer shall construct the following improvements including but not limited to:
Public improvements shown on the Site Plan, reconstruction of Chestnut Ave., paving,
base, signing '& striping, sidewalks, curbs and gutters, medians, grading, clearing and
grubbing, under-grounding or relocation of overhead utilities, sewer, water, fire hydrants,
street lights, water quality treatment devices and reclaimed water, to City Standards to the
satisfaction of the City Engineer.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
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include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of ''Notice of Intent" issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
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identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct l3MPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s} prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map for
processing and approval by the District Engineer. A copy of the approved exhibit shall
accompany the landscape, improvement and grading plans for reference.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water• and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
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
occupancy.
For the Senior Center use area only: Within 6 months of approval of this
Conditional Use Permit extension, developer/owner shall submit and receive
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approval for a Storm Water Management Plan (SWMP) to the City of Carlsbad
Engineering Department. This project qualifies as a "priority project" as defined
by California Regional Water Quality Control Board San Diego Region Order No.
2001-01, and therefore, the project is required to capture and reduce pollutants to a
level of insignificance. The organization and content of the SWMP shall be
prepared in accordance with the guidelines established by the City of Carlsbad.
The SWMP shall address the anticipated pollutants of concern associated with the
Project. The SWMP shall also suggest the type(s) of post-construction (structural)
Best Management Practices (BMPs) required to capture and filter said pollutants of
concern.
For the Senior Center use area only: Prior to the next annual review of this
Conditional Use Permit, developer/owner shall have constructed the necessary BMP
measures necessary to capture and filter the anticipated pollutants of concern
associated with the project in accordance with the SWMP and the latest California
National Pollutant Discharge Eliminate System (NPDES) permit.
Code Reminders:
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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.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
43. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
44. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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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 the 17th day of December 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Montgomery,
Segall, and White
NOES: None
ABSENT: Commissioners Whitton and Dominguez
ABSTAIN: None
, Chairperson
i7'11,i.....i1LANNING COMMISSION
ATTEST:
\
Ml~!f.t~Wz •
Planning Director
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