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HomeMy WebLinkAbout2024-10-16; Planning Commission; Resolution 7522PLANNING COMMISSION RESOLUTION NO. 7522 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN, SDP 2023-0025, TO DEMOLISH AN EXISTING MEDICAL OFFICE BUILDING AND CONSTRUCT A 10,671-SQUARE-FOOT, TWO STORY, 34-FOOT-TALL, 3- TENANT MEDICAL OFFICE BUILDING WITH PRIVATE BALCONIES, A 395- SQUARE-FOOT COMMON EGRESS BALCONY ON THE SECOND FLOOR AND A ONE-STORY, 2,803-SQUARE-FOOT ENCLOSED PARKING GARAGE CONSISTING OF FOUR PARKING SPACES AND TWO LIFT SPACES (TWO PARKING SPACES PER LIFT) FOR A TOTAL OF 8 SPACES ON A 0.16-ACRE PROPERTY LOCATED AT 2879 HOPE AVENUE IN THE NORTHWEST QUADRANT OF THE CITY, THE VILLAGE & BARRIO MASTER PLAN, AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: GRAND HOPE MEDICAL OFFICE BUILDING CASE NO.: SDP 2023-0025 (DEV2023-0122) WHEREAS, Kirk Moeller, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by William Cho, "Owner," described as LOT 26 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 20, 1929. ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) "A" -"R" dated Oct. 16, 2024, on file in the Planning Division, SDP 2023-0025 (DEV2023-0122)-GRAND HOPE MEDICAL OFFICE BUILDING as provided by Chapters 21.06 and 21.35 of the Carlsbad Municipal Code and the Village & Barrio Master Plan; and WHEREAS, the Planning Division studied the Site Development Plan application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the City Planner and on its behalf, the City Planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15332 -In-fill Development Projects. CEQA Guidelines Section 15332 is a Class 32 exemption for projects under five acres, located within urbanized areas, and consistent with the General Plan and zoning regulations for the site. The project will not have a significant effect on the environment and all of the requirements of CEQA have been met; and WHEREAS, on Aug. 1, 2024, the city distributed a notice of intended decision to adopt the "In-fill Development Projects" exemption. The notice was posted for a 10-day period, which began on Aug. 1, 2024 and ended on Aug. 10, 2024. The city did not receive any comment letters or an appeal on the CEQA findings and determination. The effective date and order of the City Planner CEQA determination was Aug. 10, 2024. WHEREAS, the Planning Commission did, on Oct. 16, 2024, hold a duly noticed public hearing as prescribed by law to consider said request relative to the Site Development Plan land use application; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) Findings: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL OF SDP 2023-0025 (DEV2023-0122) -GRAND HOPE MEDICAL OFFICE BUILDING, based on the following findings and subject to the following conditions: Site Development Plan, SDP 2023-0025 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project proposes the demolition of an existing 1,456-square-foot medical office building, and in its place the construction of a new 10,671-square-foot, two story, 34-foot-tall, 3-tenant medical office building with private balconies, a 395-square-foot common egress balcony on the second floor fronting Hope Avenue and a one-story, 2,803 square-foot enclosed parking garage consisting of four parking spaces and two lift spaces (two parking spaces per lift) for a total of 8 spaces, all on a 0.16-acre infill site located at 2879 Hope Avenue, within the Village Center (VC) District of the Village & Barrio Master Plan. Medical office uses are permitted by right within the VC District. The project is consistent with the various elements and objectives of the Village (V) General Plan Land Use designation and the Village & Barrio Master Plan as discussed in the findings below and in the project staff report dated Oct. 16, 2024, incorporated by reference, with the exception of Village and Barrio Master Plan section 2.7.1.H, Building Massing. A Standards Modification has been requested to allow a deviation from the building massing requirement for the purpose of providing a significant public benefit. Staff has reviewed the standards modification and concurs with the request. The Standards Modification request is discussed in greater detail in findings 7 through 9 below. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed medical office building is located within the Village Center (VC) District of the Village & Barrio Master Plan. The project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that medical office uses are permitted by right in the VC District. The properties surrounding the Site to the south and west are designated for VC uses under the VBMP. The properties located to the north along Hope Avenue are designated as Multiple-Family Residential Zone (R-3). The properties to the east of the Site, across Hope Avenue, are designated as Residential Density-Multiple (RD-M) Zone. The project Site is immediately surrounded by residential uses on all four sides, including a four- story condominium to the west, two two-story multi-family apartment buildings to the north along Hope Avenue and south across Grand Avenue and a one-story, single-family, residential buildings to the east across Hope Avenue. However, the greater surrounding neighborhood provides a mixture of commercial and residential uses, including a hotel east of the site along Grand Avenue, a shopping center south of the site between Grand Avenue and Carlsbad Village Drive and an office building south of the site across Grand Avenue between Harding Street and Jefferson Street and north of Carlsbad Village Drive. The medical office project is estimated to generate 394 average daily trips (ADT) which is an increase of 321 average daily trips from the existing medical office use. However, the project is located in Traffic Analysis Zone (TAZ) 809 per the City's VMT Guidelines, which has an existing VMT per employee of 17.1 miles. The regional employee average for this TAZ is 20.6 miles per employee, which is 83.3 percent of the regional mean. As a result, the project does not have a significant transportation VMT impact. In addition, the vehicle level of service (LOS) on Grand Avenue and Hope Avenue will not be significantly impacted by the increase in ADT. Pedestrian LOS was evaluated and was found to be adequate. Pursuant to Assembly Bill 2097 (AB 2097), the city is prohibited from requiring parking for projects located within one-half mile of a major transit stop. The project is located approximately 0.4 miles from the Carlsbad Village Train Station, and therefore parking is not required for the proposed medical office building. However, the project proposes to provide a total of eight spaces. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the project consists of the demolition of an existing 1,456-square-foot medical office building, and in its place the construction of a new 10,671-square-foot, two story, 34- foot-tall, 3-tenant medical office building with private balconies, a 395-square-foot common egress balcony fronting Hope Avenue and a one-story, 2,803-square-foot enclosed parking garage consisting of four parking spaces and two lift spaces (two parking spaces per lift) for a total of 8 spaces, all on a 0.16-acre infill site located at 2879 Hope Avenue, within the Village Center (VC) District of the Village & Barrio Master Plan. Medical office uses are permitted by right within the VC District. The Village Center District does not have maximum lot coverage requirements; however, the project will meet the setback and height standards of the Village Center District. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the project complies with all applicable development standards (i.e. setbacks, lot coverage, parking and height restrictions) of the Village Center District and the Village & Barrio Master Plan with the proposed standards modification. The architecture of the building is compatible with the surrounding residential and commercial development. Landscaping along the street frontages will be provided consistent with the requirements of the city's Landscape Manual and the Village & Barrio Master Plan. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed project is considered a corner lot as it has two primary street frontages, Hope Avenue to the east, and Grand Avenue to the south. The Grand Avenue segment between Jefferson Street and Hope Avenue has a Village Street typology. The Hope Avenue segment between Grand Avenue and Home Avenue has a Local/Neighborhood Street typology. The project is estimated to generate 394 daily trips, which is a net increase of 321 trips as the existing medical office building is estimated to generate 73 trips. The vehicle level of service (LOS) on Grand Avenue and Hope Avenue will not be significantly impacted by the increase in ADT. The project site is also located within 0.4 miles of the Carlsbad Village major transit station which provides bus, train, and Coaster service on a daily basis. In addition, the Developer will be required to pay traffic impact fees in accordance with Carlsbad Municipal Code Section 18.42 prior to issuance of building permits that will go towards future road improvements. 6. That the proposed development or use meets all other specific additional findings as required by Title 21, in that there are no other specific additional Title 21 findings that apply to the project. Village and Barrio Master Plan, Standards Modification, Building Massing 7. That the applicant has provided acceptable evidence to demonstrate the need for the standards modification and there is no other way to reasonably achieve one or more of the purposes outlined in Section 2.6. 7.B without the modification in that the project is requesting a standards modification from Village Center District building massing standard, Section 2.7.1.H, which states no building fa!;ade visible from any public street (excluding alleys) shall extend more than 40 feet in length without a 5-foot minimum variation in the wall plane, as well as, a change in roofline. The parking garage building fa!;ade extends 66 feet in length along Hope Avenue with only a 2-foot wall plane variation. By allowing a modification to this standard, the project is able to provide a parking garage containing 8 spaces (4 EV installed spaces, 1 ADA space and 3 regular spaces). The project is only required to provide a total of 5 parking spaces (1 EV installed, 3 EV capable and 1 ADA space). The project exceeds the EV requirements of the Carlsbad Climate Action Plan by providing fully installed spaces as opposed to capable spaces. In addition, the project provides 3 extra parking spaces above the required minimum of 5 total spaces which provides an added public benefit of providing increased parking above the state required minimum. Parking in this neighborhood is tightly constrained and the provision of a variety of parking options -EV, ADA and standard -will alleviate the demand for on-street parking. Diversity of parking is found to be in the public interest for this project and this neighborhood. Without the standards modification there would be no reasonable way to provide the increase in on-site parking proposed as project conformance with this standard would result in a loss of spaces. Providing as much parking as possible on site for patients and employees of the building provides a significant public benefit by reducing street parking. The project has been conditioned to provide EV parking and ADA parking in compliance with the California Building Standards Code and Green Building Standards Code as an additional ADA space may be required prior to building permit issuance. Reconfiguring the parking to provide for an additional ADA space may result in the loss of two parking spaces; however, in this scenario the remaining parking spaces would still constitute a public benefit as it exceeds the minimum number of required spaces. 8. That the standards modification is consistent with the goals and objectives of the Master Plan and the vision and intent of the applicable district in that the proposed project provides a continuous and interesting commercial frontage along Grand Avenue consistent with VBMP placemaking goal of creating great streets and placemaking policy of implementing the Grand Avenue Promenade with continuous commercial street frontage along Grand Avenue by providing parking garage access from Hope Avenue instead of Grand Avenue. In addition, that standards modification allows for enclosure of parking, trash and recycle areas effectively shielding these areas from public view and further promoting the place making goal of creating great streets. 9. That the decision-making authority has determined the project provides a significant public benefit that warrants the granting of the standards modification in that pursuant to Assembly Bill 2097 (AB 2097), the city is prohibited from requiring parking for projects located within one- half mile of a major transit. Irrespective of proximity to public transit, state law allows the city to continue to apply minimum parking standards for electric vehicle (EV) charging stations as well as required parking spaces accessible to persons with disabilities (ADA). The parking requirement is based on the total number of actual parking spaces that would have otherwise applied to the development if the state code section did not exist. The project is located approximately 0.4 miles from the Carlsbad Village Train Station and therefore no standard parking spaces are required for the development of the medical office building. The total number of actual parking spaces that would have otherwise applied to the project is 23 spaces, and therefore a total of 1 ADA space, 1 EV installed space, and 3 EV capable spaces are required. The project proposes to provide 4 EV installed charging spaces, 1 ADA compliant space, and 3 standard spaces, for a total of 8 parking spaces which exceed minimum parking space requirements. General 10. 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 Oct. 16, 2024 including, but not limited to the following: a. Land Use & Community Design, Goal 2-G.2 and Goal 2-G.8 -The proposed project includes a request to demolish an existing medical office building and construct a new 10,671- square-foot medical office building oriented towards Grand Avenue in accordance with the Village & Barrio Master Plan. The site can be adequately served by existing utilities and is convenient to public transit including 8 bus stops and the Carlsbad Village Train Station all located within 0.5 miles from the project site. The proposed medical office building will provide a convenient essential service to surrounding residences. The medical office will also provide employment opportunities for residents who live within proximity to the site, therefore enhancing the city's position as a premier regional employment center. b. Land Use & Community Design, Goal 2-G.3 -The office project is proposed on a developed site surrounded by urban development. The project will provide the surrounding residential neighborhood with access to an essential service. Although the property is surrounded on all sides by residential uses, properties within the vicinity consist of a mixture of residential and commercial uses as permitted within the Village Center District of the Village and Barrio Master Plan. c. Land Use & Community Design, Goal 2-G.17 -The two-story, 34-foot-tall, 10,671-square- foot medical office building is proposed on a 0.16-acre (7,000-square-foot) lot in the Village and Barrio Mater Plan area. The site is surrounded on all sides by urban development, including a four-story, 124,080-square-foot residential condominium to the west (APN 203- 202-18-00) which measures 42.5-feet-tall to the roof pitch and 47-feet to the top of the architectural projections. The project site is also surrounded by two-story, multi-family residences to the north and south. d. Land Use & Community Design, Goal 2-G.30 -The proposal to construct a 10,671-square- foot medical office would enhance the vitality of the Village by providing an essential commercial office in the downtown core area. The project reinforces the pedestrian orientation desired for the downtown area by providing an essential service within walking distance of residential uses. The project's proximity to existing bus routes and other mass transit including the Village Station helps to further the goal of providing new economic development near transportation corridors. e. Mobility, Goal 3-G.3 and Policy 3-P.5 -The project also proposes construction of a new 15- foot-wide parkway along Grand Avenue with a 10-foot-wide sidewalk and 5-foot-wide landscaped area with street trees. On Hope Avenue, the project will replace the existing 5- foot-wide sidewalk, curb and gutter along the project frontage to accommodate the new driveway approach. The proposed project is located approximately 0.4 miles from the Carlsbad Village Train Station, which provides rail and bus service throughout the day. The project is also within 0.5 miles of 8 existing bus stops. The project's proximity to the transit station and bus stops would provide future medical office patients and employees with the option of using public transportation, thereby reducing vehicle miles traveled (VMTs) and the carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near other existing goods and services within the Village. f. Noise, Goals 5-G.1 and 5-G.2 -Birdseye Planning Group conducted a noise study (Jan. 2024) for the proposed project. The principal noise source associated with the proposed project is traffic generated from the lnterstate-5 freeway and the surrounding street system (Grand Avenue and Hope Avenue). As it relates to exterior use areas, the project will include outdoor usable patio spaces. The noise study found that existing and future exterior noise levels at the property lines fronting Grand Avenue and Hope Avenue did not exceed the City's 65 dBA CNEL commercial exterior noise standard. The study further found that future interior noise levels would not exceed the City's 45 dBA CNEL commercial interior noise levels. With consideration given to traffic noise generated by the implantation of the project, the exterior noise is anticipated between 53.7 and 55.3 dBA. The project will not be built without adequately demonstrating compliance with the California Building Code (CBC), as locally amended. Current construction methods and materials would result in an interior noise level between 23.7 and 25.3 dBA. The project is anticipated to be within the 65 dBA future year (2040) noise contour. Assuming a baseline noise level of 65 dBA, a 30 dBA reduction in noise levels associated with current construction methods and materials, would result in an interior noise level of approximately 35 dBA within the proposed building. This would be within the 50 dBA standard for commercial uses. The study further found that noise levels associated with the proposed HVAC system proposed on the office building's roof will not exceed 47 dBA at the north end and 51 dBA at the southern end of the proposed building. Noise levels would be less than the 60 dBA residential limit at all surrounding residential units and inaudible over ambient noise at the east facing first and second floor units. The report also concluded that long term traffic operation associated with the project would have no adverse effect on noise levels at sensitive properties within proximity to the site, including the surrounding residential uses. As is relates to airport noise, the nearest airport is McClellan-Palomar Airport, which is approximately 6.0 miles southeast of the project site and is located outside of all CNEL noise contours outlined in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) and included in the City's General Plan. g. Public Safety, Goal 6-G.1-The proposed project is not located in any Very High Fire Severity Zone, Flood Zones, or Earthquake Fault Zones. The proposed structural improvements would be required to meet all seismic design standards at time of building permit in accordance with the California Building Code. The Fire & Life Safety Division has approved the proposed conceptual building design with fire sprinklers included throughout per the National Fire Protection Association (NFPA) standards. h. Public Safety, Goal 6-G.4 -The proposed project will provide all supporting water infrastructure in accordance with Fire & Life Safety requirements; fire sprinklers are required and provided throughout the project; Fire protection service will be provided to the project site by a 6-inch service connection to the existing 8-inch public water line in Hope Avenue. i. Public Safety, Policy 6-P.6 -The project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter and/or are transported within storm drainage facilities. j. Public Safety, Policy 6-P.34 -The project is required to comply with all Building and Fire codes to ensure that fire protection standards are met by the proposed structures. The Fire & Life Safety Division has approved conceptual building designs with fire sprinklers included throughout per the National Fire Protection Association (NFPA) standards. Therefore, the proposed project is consistent with the applicable fire safety requirements. k. Public Safety, Policy 6-P.39 -The project is required to construct or pay applicable fees for necessary improvements, public utilities, and facilities in accordance with Growth Management requirements. The site is located less than 0.6-miles from fire Station No. 1. Water service will include two connections to the existing 8-inch public water line in Hope Avenue: one connection will be made for the private domestic irrigation water system and one connection will be made for the private fire protection system. No upsizing to the existing sewer mains in Hope Avenue is requires, as the existing sewer infrastructure and subsequent downstream runs have sufficient capacity to convey the anticipated sewer flows from the proposed project. I. Sustainability, Policy 9-P.1 -The project implements and is consistent with measures identified in the Climate Action Plan (CAP) through the provision of renewable energy generation (photovoltaic systems), energy conservation (Green Building Code), and by accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and features. At building permit, the project will also be reviewed for compliance with the CAP ordinances. 10. The project is consistent with the Citywide 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. Specifically, a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. b. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 11. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 12. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 13. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted city standards. 14. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 15. 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 preparation of environmental documents pursuant to Section 15332 -In-fill Development Projects of the State CEQA Guidelines as an in-fill development project. 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. No appeals were made to this determination; therefore, it is final. 16. 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 specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of the building or grading permit whichever occurs first. All references to the "Site Plan" reference the project plans dated Oct. 16, 2024, attached as Exhibits 8 and 9 of the Planning Commission Staff Report dated Oct. 16, 2024. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any 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 §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 (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Project Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. 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. 8. This approval shall become null and void if building or grading permits are not issued for this project within 24 months from the date of project approval. 9. 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. 10. 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 1 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. 11. Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan 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. 12. Prior to issuance of grading permit(s), developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 13. 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. 14. Prior to issuance of grading and building permits, Developer shall list the following condition on all grading and building permit construction plans. Construction activities shall take place during the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. 15. 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 City Planner and Building Official. 16. 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. 17. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 18. The project is required to provide Electric Vehicle (EV) parking and Americans with Disabilities Act (ADA) parking in compliance with the California Building Code (CBC) and California Green Building Standards Codes. In the scenario that the parking is reconfigured within the approved garage footprint to accommodate CBC Chapter 11B accessibility provisions for EV and an additional ADA space(s) or accessible EVCS vehicle space(s) are required, resulting in a loss of one or more parking space(s), no additional discretionary actions will be required and the standard modification will continue to be valid. Full compliance with standard modification requirements are substantiated by the benefits of electrical vehicle use which relies on installed infrastructure. 19. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall: a. 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). b. 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. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. General 20. 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. 21. 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. 22. 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. 23. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 24. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Grand Avenue and Hope Avenue as shown on the Tentative Map/Site Plan. Fees/ Agreements 25. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 26. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 27. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 28. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. 29. Concurrent with the grading plans Developer shall include shoring plans as part of the grading plans to the satisfaction of the city engineer and building official. Structural calculations for all shoring shall be submitted for review and approval by the building division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 30. 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. 31. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 32. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans and/or building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 33. 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, pollutant control BMP and applicable hydromodification measures. 34. Developer shall complete the City of Carlsbad Standard Storm water Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 35. Developer shall cause owner to dedicate an easement to the city and/or other appropriate entities for the public street & public utility purposes as shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 36. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 37. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 38. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Replacement of five-foot wide sidewalk fronting Grand Avenue with a ten-foot wide sidewalk and replacement of sidewalk due to utility work. B. Installation of domestic, landscape irrigation, and fire services and related meters and backflow devices. C. Installation of new sewer lateral. D. Construction of new driveway. E. Grind and overlay of street pavement. F. Removal of abandoned sewer lateral and water services fronting the property. Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 39. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Site Plan and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Utilities 40. 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 41. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 42. The developer shall agree to 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. 43. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 44. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the Carlsbad Municipal Code to the satisfaction of the City Engineer. 45. 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. 46. 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 preempted by State law or specifically provided herein. 47. Any signs proposed for this development shall at a minimum be designed in conformance with the Village & Barrio Master Plan, shall require review and approval of the City Planner prior to installation of such signs. 48. Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11 -CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. NOTICE 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 §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 Oct. 16, 2024, by the following vote, to wit: AYES: Danna, Hubinger, Meenes, Merz, Stine NAYES: Kamenjarin, Lafferty ABSENT: None. ABSTAIN: None. ILLIAM KAMENJARIN, CARLSBAD PLANNING MIKE STRONG - Assistant Director of Community Development