HomeMy WebLinkAboutGPA 09-07; Palomar Commons; General Plan Amendment (GPA)The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: July?, 2010
Application complete date: N/A
Project Planner: Van Lynch
Project Engineer: Steve Bobbett
SUBJECT: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-2UAVCUP
09-07/CUP 10-05/V 10-01 - PALOMAR COMMONS - Request for the
recommendation of adoption of a Mitigated Negative Declaration and a
Mitigation Monitoring and Reporting Program and a recommendation of approval
of a General Plan Amendment to establish a new General Plan Land Use
designation of General Commercial (GC), a General Plan Amendment and a Zone
Change and approval of a Site Development Plan, Special Use Permit, two
Conditional Use Permits, one Conditional Use Permit Amendment, and a
Variance for the development of a 16.65 acre site with a 185,244 square foot
commercial center located at the southwest corner of Palomar Airport Road and
El Camino Real in Local Facilities Management Zone 5.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6700
RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and ADOPT Planning Commission Resolutions Nos. 6701,
6702, and 6703 RECOMMENDING APPROVAL of General Plan Amendment 04-03, General
Plan Amendment 09-07, and Zone Change 09-08 and ADOPT Planning Commission Resolution
Nos. 6704, 6705, 6706, 6707, 6708, and 6709 APPROVING Site Development Plan 09-05,
Special Use Permit 09-08, Conditional Use Permit Amendment 03-21 (A), Conditional Use
Permit 09-07, Conditional Use Permit 10-05, and Variance 10-01 based on the findings and
subject to the conditions contained therein.
II.INTRODUCTION
The project is a request for the recommendation of adoption of a Mitigated Negative Declaration
and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a
General Plan Amendment to establish a new General Plan Land Use designation of General
Commercial (GC), a General Plan Amendment land use change from Travel/Recreation
Commercial (TR) and Planned Industrial (PI) to General Commercial (GC) and a Zone Change
from Commercial Tourist - Qualified development overlay zone (C-T-Q) and Planned Industrial
(P-M) to General Commercial- Qualified development overlay zone (C-2-Q) and approval of a
Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use
Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244
square foot commercial center located at the southwest corner of Palomar Airport Road and El
Camino Real in Local Facilities Management Zone 5. The project site is the former Olympic
Resort and Spa property located on the County of San Diego Airport property.
o
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III. PROJECT DESCRIPTION AND BACKGROUND
The Palomar Commons project involves the construction and operation of an 185,244-square-
foot commercial center on 16.65 acres of land located on the southwest corner of Palomar
Airport Road and El Camino Real. The project features a home improvement store (153,974 sq
ft), gas station and car wash, bank with drive-through, and four retail shop buildings (31,270 sq ft
total). The project includes a Conditional Use Permit for the gas station and car wash, and one
for the drive through facility for the bank building. An amendment to the existing Conditional
Use Permit for the adjacent County Animal Shelter is also proposed to revise the access way to
the shelter. A Variance application has been made for the signs proposed on the home
improvement store to increase the letter heights and sign area permitted.
The City has been working towards establishing a new General Plan Land Use designation for
general commercial uses which do not fit within the two existing commercial land uses which
are Local Shopping Center (L) and Regional Commercial (R). There is a need to establish a
General Commercial (GC) land use designation to provide for the development of a range of
retail, wholesale, office, and service land uses that may not lend themselves to being located
within local or regional shopping centers. The local shopping center designation allows
shopping centers that include elements of the traditional neighborhood shopping center to
provide for the daily needs and convenience of the local residential community. Local shopping
centers are typically anchored by a supermarket and are also supported by other smaller retail
services and are located in proximity to residential neighborhoods which they serve. The
regional commercial land use designation provides for shopping goods, general merchandise,
automobile sales, apparel, furniture, and home furnishings in full depth and variety and consists
of multiple anchor stores. Regional centers draw customers from outside the city and generate
interregional traffic. For this reason, these centers are typically located on sites easily visible as
well as accessible from interchange points between highways and freeways.
The General Commercial land use designation would allow for commercial uses which do not
meet the criteria for Local Shopping Center or are not at a scale or provide enough services to be
considered Regional Commercial. General Commercial sites may not be able to accommodate
the requirements of the Local Shopping Center (C-L) zone or may not be located in proximity to
a residential neighborhood to provide daily goods and services. Local Shopping Center zoning
standards are more restrictive with respect to design to ensure compatibility with the residential
neighborhoods which typically surround them.
The project requires General Plan land use and zone changes. The project proposes a land use
change from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General
Commercial (GC). The past use of the site was the Olympic Resort and Spa which has ceased
operation and is being demolished. A zone change from Commercial Tourist - Qualified
development overlay zone (C-T-Q) and Planned Industrial (P-M) to General Commercial-
Qualified development overlay zone (C-2-Q) is also proposed. On the western end of the site is
the County of San Diego Animal Shelter which as a part of this application is modifying .87
acres of its Planned Industrial (PI) land use designation and zoning boundary and access
driveway to accommodate the commercial project.
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Discretionary applications include: a Site Development Plan for the commercial development;
two Conditional Use Permits for the gas station and car wash, and bank with drive through; and a
Variance to allow for wall signs to exceed the allowed letter height and sign area on the home
improvement store.
The project site is located on the southwest corner of Palomar Airport Road and El Camino Real
and is situated 10 feet below the elevation of El Camino Real. The site varies in height in
relation to the grade elevation of Palomar Airport Road. The previous Olympic Resort
improvements were five feet lower than the grade of El Camino Real and the remainder of the
site followed the grade of Palomar Airport Road which dips down 16 feet across the Olympic
Resort site. Because of these site constraints, the site cannot be graded as one pad and achieve
the pad areas required to accommodate the proposed commercial development. Therefore the
site grading utilizes a split pad design to create two development areas. As Palomar Airport
Road falls in elevation going westerly from El Camino Real, the site will be ten feet higher than
the roadway, then transition to five feet below the roadway towards the westerly end of the
project site. In order to develop the site with commercial buildings, grading is required (25, 166
cy cut/ 187,744 cy fill/162,578 cy import) to create large commercial development pads with
shallow sloping areas for parking lots. The site was previously developed with a commercial 80
room hotel, spa, health club, tennis courts, golf driving range and parking lot. Surrounding the
site to the north across Palomar Airport Road is the McClellan-Palomar Airport, to the south are
existing industrial buildings, to the east is a public utility pumping station and industrial
buildings, and to the west is the San Diego County Animal Control facility.
Overall, the project will have four driveway entrances, two on Palomar Airport Road and two on
El Camino Real. The project will modify the existing eastern most San Diego County Animal
Shelter driveway entrance off Palomar Airport Road by moving it 100 feet easterly and forming
a new signalized intersection on Palomar Airport Road. The new full intersection will provide
access to both the commercial center and the Shelter and will be timed to coordinate with the
signal at El Camino Real. The other entrance off Palomar Airport Road is a right in only located
between the new signal and El Camino Real. Two right in - right out driveways are provided on
El Camino Real with the most southern driveway intended for deliveries. New deceleration
lanes for the project entrances along eastbound Palomar Airport Road and southbound El
Camino Real will also be provided. The project will close the existing left turn lane onto the
project site on northbound El Camino Real. The project will also modify the northbound left
turn lane on El Camino Real to Palomar Airport Road to provide dual left turn lanes at the
intersection and construct a separate eastbound right turn only lane on Palomar Airport Road at
the El Camino Real intersection. The internal driveways allow cross circulation throughout the
site and also access to the County Animal Shelter facility.
The architectural theme of the commercial center is Spanish/Mediterranean. The home
improvement store is a light beige painted concrete tilt up building enhanced with a front entry
feature and covered arcade which extends over most of the front (north side) of the building.
The store front, arcade, and architectural projections are painted medium beige. The base of the
arcade structure, vertical storefront and side architectural elements are tiled with brown terra
cotta tile. Both the entry feature and arcade are tiled with s-shaped mission tile roofing. The
building also supports a customer loading canopy on the northwestern elevation of the building
which also has a tile roof. A garden center is located on the eastern end of the building and is
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partially coved by a shade structure and solid roof structure. The garden area is enclosed by a
screening material and pilasters spaced at 25 foot intervals. The other commercial buildings are
finished with a smooth stucco coating with a stone and painted plaster wainscot. Roof designs
include both flat and pitched roofs in an alternating manner to provide vertical building relief.
The hipped and gable pitched roofs have a clay colored barrel tile covering and decorative
cement plaster parapet detail. The flat roofed buildings include a decorative cornice trim. The
building elevations are enhanced with square or arched glazed window storefronts with
decorative surrounds. The building facades also vary in depth from each other by 1 foot to 2 feet
to provide a variety of building planes to add interest and depth to the building elevations. Three
of the pad buildings (4, 6 and 7) have a larger tiled roof architectural corner feature which
projects further from the primary building and provides a taller architectural element to add
vertical relief. The earth tone building colors are accented with stone tile, stone veneers, ceramic
accent tiles, and accent colored fabric awnings. All buildings are single story with the exception
of the bank building (Pad 2) which has two stories. All buildings include adequate roof parapet
walls to screen roof top mechanical equipment. The site is landscaped with a Mediterranean
landscape character with drought tolerant plantings. An incidental outdoor dining area is
provided between two of the retail buildings.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances and standards as analyzed
within the following section of this staff report:
A. General Plan Land Use Element - General Commercial Land Use Designation;
B. General Commercial Zone (C-2) (Carlsbad Municipal Code Chapter 21.28);
C. Qualified Development Overlay Zone, Chapter 21.06 of the Municipal Code;
D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP);
E. El Camino Real Corridor Development Standards;
F. Conditional Use Permits, Chapter 21.42 of the Municipal Code; and
G. Variance, Chapter 21.50 of the Municipal Code; and
H. Local Facilities Management Plan Zone 5;
The recommendation for approval of this project was developed by analyzing the project's
consistency with the applicable regulations and policies. The project's compliance with each of
the above regulations is discussed in detail in the sections below.
A. General Plan
In 2002, the city approved a General Plan Land Use change to combine the "Community
Commercial" and "Neighborhood Commercial" into one "Local Shopping Center" land use
designation. It was found that the "Community Commercial" land use designations were not
being developed to provide community level goods and services. The current policies in the
Land Use Element of the General Plan require that all Local Shopping Centers must contain
anchor and secondary tenants that provide local daily goods and services. The most common
anchor tenant is a grocery store and/or drug store. Secondary tenants may include restaurants,
banks, personal grooming services, small retail, gas stations, etc. "Community" serving tenants
are also allowed to locate within a local shopping center, in addition to, but not in place of, the
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uses required to provide neighborhood goods and services. "Community" serving tenants may
include large format retail uses; however, they are not currently permitted as a stand-alone use in
place of a local shopping center. A new General Commercial (GC) land use designation would
allow for commercial uses such as standalone uses such as home improvement stores not
meeting the local or regional definition. The GC land use designation is proposed to be applied
exclusively to this project site. Any future General Plan Land Use change of other sites will
require a General Plan Amendment and will also need to meet the goals and objectives of the
General Plan.
In accordance with the new GC designation, a new general plan commercial policy will be added
to "Provide a greater mix of commercial services to the community and provide general
commercial services in more convenient locations for residents. This may be on discrete stand
alone commercial lots which are not part of a local or regional shopping center or meet the size
requirement of a local or regional shopping center."
In the project area, there have been determined to be adequate local shopping centers to serve the
daily goods and services to local residents (Neighborhood and Commercial Land Use Study,
October 1996). The surrounding local shopping centers are, Bressi Ranch, La Costa Plaza, and
Sunny Creek/Robertson Ranch commercial sites. The proposed general commercial site would
provide more general goods and services and would not directly compete with the local shopping
centers. The site would be developed with commercial uses not meeting the definition of local
or regional commercial. There is not another vacant commercial site which would provide
general commercial services in the immediate area. A market analysis (Market Feasibility
Study, Palomar Commons Shopping Center, City of Carlsbad, California, Market Pointe Realty
Advisors, April 14, 2010) shows that there is a lack of home improvement type services and that
residents need to drive outside the city to find these types of services.
There is a need for a General Plan Land Use designation to allow for commercial uses which do
not fit within the local or regional commercial land use designations. The proposed General
Commercial designation would fill a void left by the combining of the Local and Community
Commercial designations. The project site is already land use designated Travel/Recreation
Commercial for commercial uses catering to the tourist and recreational industry. The existing
tourist/recreational use has ceased to operate and is being removed. Other hotels have been built
in the immediate area to fulfill any loss from the existing use. The project is centrally located in
the City and is not located in proximity to residential land uses and is compatible with the
surrounding industrial land uses. The General Commercial land use designation would be
applied to this site as well as a small portion of the County Animal Shelter which is currently
land use designated Planned Industrial (PI).
The project complies with all the applicable elements of the General Plan as illustrated in Table
A below:
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TABLE A - GENERAL PLAN COMPLIANCE
ELEMENT
Land Use
Circulation
Noise
Public Safety
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
A healthy and diverse
economic base, quality
commercial development to
serve the employment,
shopping, and service needs.
Require new development to
construct roadway
improvements needed to serve
proposed development.
To achieve noise compatibility
between commercial and
surrounding land uses.
Minimize noise and safety
hazards within areas around
the airport.
PROPOSED USES &
IMPROVEMENTS
A commercial center that
provides a home improvement
store, gas station, car wash,
bank with drive through, and
eating and drinking uses to
provide tax revenue, jobs, and
goods and convenient services
in the City.
The project will
construct/improve public streets
needed to serve the
development and offsite uses.
Project includes noise
mitigation measures (i.e.
building improvements and
notice to owners/tenants) to
attenuate noise to an acceptable
level.
Project is consistent with
ALUCP
COMPLY
Yes
Yes
Yes
Yes
B.General Commercial Zone
The property is proposed to be rezoned from Tourist-Commercial - Qualified development
overlay (C-T-Q) and Planned Industrial (P-M) to General Commercial - Qualified development
overlay (C-2-Q). The proposed new GC land use designation would also be compatible with and
implemented by the C-2-Q zone. If the site were near residential or other sensitive uses, the
neighborhood commercial (C-l) zone, which is more restrictive, would be better suited. The C-2
zone permits retail, wholesale and service businesses catering directly to the consumer and also
includes the uses allowed in the C-l zone.
The project complies with the following requirements of the General Commercial zone as
demonstrated in Table B below.
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TABLE B -GENERAL COMMERCIAL ZONE (C-2) REQUIREMENTS
STANDARD
Building height - 35 feet with
architectural to 45 feet
Setbacks - Palomar Airport
Road = 0 feet.
El Camino Real Corridor
Standards = 30 feet
Parking - Eastern individual
retail portion = 1 space/300 sq
ft = 513.25 spaces
Western Shopping Center
retail portion = 1 space/200 sq
ft = 156.35 spaces
Total required = 670 spaces
*w/5% reduction = 637
Compact spaces up to 25%
Signs
Landscaping
PROVIDED
35 foot tall buildings with
architectural tower element to
45 feet
Palomar Airport Road - 1 5
feet
El Camino Real - 132 feet
508 spaces - Home
improvement store.
151 spaces - Commercial
659 total spaces (1.6%
reduction)
16%
Variance requested to exceed
sign height, area and overall
area for one building
Per landscape
manual/Streetscape Program
COMPLY
Yes
Yes
Yes
Yes* - see parking reduction
provision below.
Yes
Project conditioned to submit
a comprehensive sign program
per the Sign Ordinance.
Yes
*The applicant is requesting a 5 percent reduction for shared parking between all the uses on the
site. The parking ordinance allows up to a 15 percent reduction for shared parking. The 5
percent reduction amounts to 33 fewer parking spaces than required by code. More parking
spaces are provided (22) than the 5% reduction in the event of minor project changes during
construction/design. All of the parking spaces are available to any user of the center and parking
is well distributed to provide adequate parking to each individual tenant.
C. Qualified Development Overlay Zone, Chapter 21.06 of the Municipal Code
The project's proposed Qualified Development (Q) Overlay zoning designation and location
within the Airport Influence Area (AIA) of the McClellan-Palomar Airport requires the processing
of a Site Development Plan. Pursuant to the General Plan Land Use Element, projects within the
AIA shall process a Site Development Plan or other discretionary action. The processing of a Site
Development Plan is pursuant to Chapter 21.06, the Qualified Development Overlay Zone. The Q
Overlay provides the City with discretion to apply additional development and design regulations
over and above the standards of the C-2 zone to the project to ensure a quality design. Four
findings are required for the Q-Overlay Zone. The required findings with justification for each are
contained in the Planning Commission Resolution for the project. This section summarizes the
necessary findings and support for each.
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1. That the requested use is properly related to the site, surroundings, and environmental
settings; it is consistent with the various elements and objectives of the General Plan; it
will not be detrimental to existing uses or to uses specifically permitted in the. area in
which the proposed use is to be located; and it will not adversely impact the site,
surroundings, or traffic circulation.
The requested use is properly related to the site, surroundings and environmental setting as the
project design complies with the requirements of the General Commercial (C-2-Q) zone and
all other applicable development regulations as discussed previously in this report, except for
the sign variance discussed below in the report. The proposed commercial uses are consistent
with and implement the General Commercial land use designation. The increased building
setbacks from El Camino Real and Palomar Airport Road and landscaped setbacks provide an
appropriate separation between the commercial center and existing and future industrial
developments and to ensure the proposed project will not be detrimental to existing uses.
Furthermore, the surrounding industrial uses will benefit directly by having a commercial center to
serve everyday commercial needs in close proximity. The project's enhanced
Spanish/Mediterranean architectural design will be compatible with the diversity of industrial and
commercial architectural styles in the area. All required parking has been provided for and the
infrastructure needs (full street improvements, curb, gutter, sidewalk, and traffic signals) of the
uses were planned for with the construction of existing facility improvements or are conditioned to
be installed.
2. That the site for the intended use is adequate in size and shape to accommodate the use.
The subject site is adequate in size and shape to accommodate the proposed buildings and the
proposed uses comply with the required development and design standards of the General
Commercial (C-2-Q) Zone of Carlsbad Municipal Code Title 21 as previously discussed in this
report. The proposed project complies with or exceeds the development standards for building
setbacks, building height, and parking as proposed within the General Commercial Zone, except
for the variance for additional sign height and area for the commercial project.
3. That all 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.
The project has been designed in accordance with all development and design standards of the
General Commercial and Qualified Development Overlay Zones; therefore, the project is
compatible with existing permitted and future uses. The project has been conditioned to include
traffic and noise mitigation measures and outdoor lighting restrictions to ensure compatibility
with the surrounding industrial and airport uses.
4. That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use.
Primary access to the commercial site will be provided from four driveways: two located off of
Palomar Airport Road and two off of El Camino Real. Pursuant to the Circulation Analysis of
the project, the street system serving the proposed uses will be adequate to handle the 12,370
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Average Daily Trips generated by the proposed project. A new traffic signal is proposed on
Palomar Airport Road located 100 feet easterly of the existing entrance to the San Diego County
Animal Shelter, which will be abandoned. The surrounding public streets will be modified to
close the existing left turn lane onto the project site on northbound El Camino Real, and add new
deceleration lanes for project entrances on Palomar Airport Rd and El Camino Real. The project
will also modify the northbound left turn lane on El Camino Real to Palomar Airport Road to
provide dual left turn lanes at the intersection and construct a separate eastbound right turn only
lane on Palomar Airport Road at the El Camino Real intersection.
D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP)
The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP). The ALUCP was adopted on March 4, 2010 and all projects
within its boundary are required to be reviewed for consistency with its goals and policies. The
ALUCP identifies four types of airport impacts that must be considered for each development:
Noise, Safety, Airspace Protection, and Overflight.
Noise Compatibility
The purpose of the noise compatibility policies are to avoid the establishment of new
incompatible land uses and exposure of the users to levels of aircraft noise that can disrupt the
activities involved. Noise compatibility is evaluated pursuant to the policies and noise contours
as set forth in the ALUCP, Section 3.3 Noise Compatibility Policies for McClellan-Palomar
Airport. References in this staff report will be made to Table III-l and Exhibit III-2 of that
Section which are incorporated herein by reference. Buildings within this project are located
within three Noise Exposure Ranges: 60 - 65 dB CNEL, 65 - 70 dB CNEL and 70 - 75 dB
CNEL pursuant to Exhibit III-l of the ALUCP.
The land use category for this site for purposes of determining noise impacts is "retail sales;
eating/drinking establishments; movie theaters; personal services." For the area of the project
that is exposed to 60 - 65 dB CNEL, no special noise mitigation is required. For that portion of
the site exposed to 65 - 70 dB CNEL and 70 - 75 dB CNEL, interior noise levels must be
attenuated to 50dB CNEL. Also, within the area of the project exposed to 70 - 75 dB CNEL,
outdoor dining is considered incompatible and is not allowed!
Additionally, pursuant to Section 2.11.5 of the ALUCP, an Avigation Easement is required for
any project situated on a site lying within a projected 65dB CNEL noise contour. The Avigation
Easement is required to be dedicated to the entity that owns the airport. In this case, the owner
of the subject site and the airport are the same entity, the County of San Diego. Since the two
ownerships are the same, an avigation easement, or equivalent as approved by the County of San
Diego, has been made a condition of project approval.
Staff has found that this project, as conditioned, complies with all applicable noise policies of the
ALUCP.
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Airspace Protection Compatibility
The purpose of the Airspace Protection compatibility policies is to ensure that structures and
other uses of the land do not cause hazards to aircraft in flight within the Airport vicinity.
Hazards to flight include: Physical obstructions to the navigable airspace; wildlife hazards such
as bird strikes; and land uses that create visual or electronic interference with aircraft navigation
or communication. The airspace protection policies of the ALUCP rely primarily upon
regulations enacted by the FAA and the State of California. Basically, the regulations require
notification of the FAA of any proposed construction that could interfere with aircraft flight
patterns. A component of a project containing any structure or objects that may exceed the
height standards defined in the FAA's Part 77, Subpart C, must submit notification of the
proposal to the FAA. This project is within the boundaries of the notification area pursuant to
Exhibit III-3 of the ALUCP incorporated herein by reference. As such, a condition of approval
has been added requiring that an FAA notification and a non-hazard determination be provided
prior to the issuance of a building permit.
With this condition, staff has determined that this project meets all requirements of the Airspace
Protection policies of the ALUCP.
Overflight Compatibility
The purpose of the Overflight compatibility policies of the ALUCP is to help notify people about
the presence of overflights near airports so that they can make an informed decision regarding
acquisition or leasing of property, especially residential properties, in the affected area. The
Overflight policies are contained in Section 3.6 and the Notification Area is depicted on Exhibit
III-4 of the ALUCP.
Although this project is within the Airport Overflight Notification Area, it is a non-residential
development and the recordation of an overflight notification is not required.
Safety Compatibility
The purpose of the Safety compatibility policies is to minimize the risks of an off-airport aircraft
accident or emergency landing to people and property on the ground close to the airport and to
people on board an aircraft. Safety criteria relates primarily to "usage intensity" of people on a
site as projected by a particular land use type. "Usage intensity" is defined as the maximum
number of people per acre that can be in a given area at any one time. If a proposed use exceeds
the maximum intensity, then it is considered inconsistent with the safety compatibility policies of
the ALUCP. Six separate safety zones (Zones 1-6) are defined by the ALUCP. Each zone has
maximum intensity levels for each zone. Zone 1 is the boundary of the Runway Protection Zone
(RPZ) and is the most restrictive of the safety zones. Increased intensity is permitted with each
higher safety zone with Zone 6 being the least restrictive.
The ALUCP provides three separate methodologies for determining intensity levels of people for
a site. The three methods are: Floor Area Ratio, Maximum Building Occupancy and Parking
Space Requirements. The local implementing agency is responsible for determining which
method of identifying usage-intensity is best suited to their jurisdiction. For this project, staff is
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using the Parking Space Requirement as its method of determining usage intensity for this
project. This methodology determines the number of people that can be on the site at any given
time based on the demand for parking that is created by the land uses proposed on the site.
Contained within Section 3.4 of the ALUCP and incorporated herein by reference are Table III-
2, Safety Compatibility Land Use Matrix, and Exhibit III-2, the Safety Compatibility Map.
Exhibit III-2 depicts the safety zones for the land surrounding McClellan-Palomar Airport.
Table III-2 is a matrix that sorts land uses by specific categories and defines maximum usage for
each land use category by safety zone.
The site contains four safety zones. Zone 1 is the RPZ and parking is the only use proposed
within this zone. The proposed home improvement building is located primarily in Zone 3 with
a portion of the building within Zones 2 and 4. The remaining shops on the west side of the
property are located within Zones 2 and 3. The proposed uses for this project are defined by
Table III-2 as "Community/Neighborhood Shopping Centers < 300,000 square feet."
The method for determining usage intensity based on required parking standards are as follows.
First, the parking space demand must be determined for the proposed land uses. For this project,
the home improvement building has a parking demand of 1 parking space per 300 square feet of
gross floor area. The remaining buildings on site have a parking demand of 1 parking space per
200 square feet of gross floor area. Next, a Vehicle Occupancy Ratio (average number of people
per vehicle) is determined by using the guidelines provided in Appendix D of the ALUCP. A
shopping use category has a projected Vehicle Occupancy range of 1.5 to 1.8 average people per
vehicle. The home improvement store uses the lower value (1.5) as the use is less intense and
the remainder of the site uses a more conservative (1.7) value.
Once the parking demand and the vehicle occupancy ratio are defined, the usage intensity is
determined within each safety zone to ensure compliance with the policies of the ALUCP. A
measurement of usage intensity is shown in Table C:
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PAGE 12
TABLE C - PROJECT INTENSITY
Zones
1
2
3
4
Use
Home
Imp
Shops
Home
Imp
Shops
Home
Imp
Shops
Home
Imp
Shops
Gross
Building
Sq. Ft.
0
0
32,484
14,270
114,678
17,000
6,812
0
Parking
Ratio
0
0
0.003
0.005
0.003
0.005
0.003
0.005
Parking
Req'd
(1)
0
0
108.28
71.35
382.26
85.00
22.71
0
People
per
Vehicle
Ratio
(2)
1.5
1.7
1.5
1.7
1.5
2.2
1.5
1.7
Total
People Per
Use Per
zone
0
0
162.42
+121.30=
573.39
+187.00=
34.06
+ 0=
Total
People
Per
Acre
0
283.72
760.39
34.06
Zone
Acreage
4.99
4.24
7.2
0.45
Calculated
People Per
Acre
0
66.91
105.61
75.69
Allowed
People
Per
Acre
0
70
130
130
1. Required parking is the total parking required by the Zoning Ordinance before any reductions
are taken for shared parking.
2. People per Vehicle Ratio is increased in Zone 3 to take into account the likelihood of more
dining uses.
Based on Required Parking Spaces methodology, this project complies with the safety criteria of
usage intensity of the ALUCP.
E. El Camino Real Corridor Development Standards
The project is located within Area Four of the El Camino Real Corridor Development Standards.
Area Four identifies this area as a "planned campus" research, business, and service center area.
The original Olympic Resort facility which provided commercial and service type uses was
under construction when the plan was adopted. The proposed commercial project will continue
the provision of goods and service type uses to the industrial park and community. This segment
of the corridor does not provide distant views and the substantial building setback provided (132
feet) will not cause a tunnel effect as if buildings were in proximity to the roadway. The project
complies with the requirements of the El Camino Real Corridor Development Standards as
demonstrated in Table D below.
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PAGE 13
TABLE D - EL CAMINO REAL CORRIDOR DEVELOPMENT STANDARDS
STANDARD
Sidewalks
Signs -Free standing monument
not to exceed five feet in height
and 24 square feet in area.
Building height - Maximum
of 35 feet from pad grade.
Grading - No cut or fill
exceeding 15 feet from
original grade.
Setbacks - Minimum 30 feet.
Parking 25 foot minimum
Roof Equipment shall not be
visible
PROVIDED
Sidewalks along the entire
project frontage
Free standing monument five
feet in height and 24 square feet
in area
35 feet from pad grade
Grading is within 5 to 1 0 feet
of existing grade.
Building setback 132 feet.
Parking 25 feet.
Parapet walls screen
mechanical equipment from El
Camino Real
COMPLY
Yes
Yes
Yes
Yes
Yes
Yes
F. Conditional Use Permits, Chapter 21.42 of the Municipal Code
As shown in Table E, two drive-through facilities (a gas station and car wash, and drive thru
bank) are proposed with this project. Conditional uses, such as bank drive thru teller lanes, gas
stations, and car washes possess unique and special characteristics that make it impractical to
include them as permitted uses "by right" in any of the various zoning classifications (i.e.
commercial, office, industrial). Pursuant to the General Commercial (C-2) Zone, drive-thru
businesses (that are not restaurants), gas stations, and car washes are permitted in the zone with
the approval of a CUP pursuant to the provisions and findings of Chapter 21.42.030. Staff has
reviewed the two drive-thru facilities in the proposed project and concludes that all the necessary
findings can be made to approve the CUPs. The required findings and satisfaction of these
findings are discussed below in Table F.
TABLE E - PROPOSED CONDITIONAL USES
CUP NUMBER
CUP 09-07
CUP 10-05
TYPE OF PROPOSED USE
Gas station/car wash
Financial pad - Bank Drive thru
UNIQUE FEATURES
Carwash integrated into building
design
Covered drive-thru and landscaped
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PAGE 14
TABLE F - CONDITIONAL USE PERMIT FINDINGS
FINDINGS PROJECT CONSISTENCY
That the requested use is necessary or desirable
for the development of the community, and is
essentially in harmony with the various elements
and objectives of the General Plan, including, if
applicable, the certified Local Coastal Program.
The requested use is necessary and desirable
for the development of the community in
that a drive-thru teller, gas station and car
wash provide desirable services and are a
convenience to the community by providing
increased accessibility and are designed to
operate safely and efficiently within the
commercial center. The projects are
consistent with the General Plan Land Use,
Circulation, and Public Safety Elements as
shown in Table A.
That the requested use is not detrimental to
existing uses or to uses specifically permitted in
the zone in which the proposed use is to be
located.
The proposed drive-thru facilities lanes are
designed so that they will not impact other
commercial uses in the center. The gas
station and car wash will not be detrimental
to existing uses as discussed in the section
below. Each drive-thru provides an
adequate vehicle stacking lane as to prevent
blocking the commercial centers internal
circulation aisles, parking aisles, or parking
spaces.
That the site for the proposed conditional use is
adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading
facilities, buffer areas, landscaping and other
development features prescribed in this code and
required by the planning director, planning
commission or city council, in order to integrate
the use with other uses in the neighborhood.
That the street system serving the proposed use is
adequate to properly handle all traffic generated
by the proposed use.
The proposed drive-through facilities
comply with all required development
standards of the C-2 Zone discussed
previously in this report. The gas station
and car washes comply with the CUP
section of the Zoning Ordinance as
discussed below. The proposed design of
each drive-thru lane includes a covered
decorative building element with planters
and landscaping to screen and separate the
drive-thru lane from the existing parking lot.
The project will generate approximately
12,370 ADT. All uses within the Palomar
Commons Shopping Center, including
businesses with drive-through facilities, gas
station, and car washes, are included in the
overall shopping center Site Development
Plan approval. The proposed drive through
facilities will provide directional
arrows/signs in the parking lot to guide
drive-up users to the lane and is designed
with sufficient vehicular stacking to avoid
impacting the internal circulation system.
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PAGE 15
TABLE F - SPECIFIC GAS STATION FINDINGS
DEVELOPMENT
STANDARD
Part of a community shopping
center
Architecturally compatible
with surrounding uses
Landscaping:
• Six foot planters
• Six inch curbs
• Flowers , shrubs, and
trees
• Efficient sprinkler
system
• Maintenance schedule
Six foot masonry wall
adjoining residential
Shield exterior lighting
All display and storage
contained within building
Trash enclosures
Signs in conformance with
Sign Ordinance
Full public improvements
PROVIDED
Gas station is within a General
Commercial shopping center.
Architecture similar to
remainder of center.
Project provides 10 foot
minimum planters with six-
inch curbs and flowers, shrubs
and trees irrigated with an
efficient sprinkler system and
maintenance schedule per the
Landscape Manual.
Not adjacent to residential, no
wall required.
Project conditioned to provide
lighting study showing
compliance.
Project conditioned to
preclude outdoor displays and
storage.
Project provides and is
conditioned to meet
Engineering GS-16 trash
enclosure standard.
Project conditioned to provide
a sign program that complies
with the sign ordinance.
Project conditioned to fully
construct required public
improvements.
COMPLIANCE
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
TABLE F - SPECIFIC CAR WASH FINDINGS
DEVELOPMENT
STANDARD
Designed to reduce visual
impacts of buildings and
waiting car's
Architecturally integrated
buildings
PROVIDED
Building is located
perpendicular to Palomar
Airport Road and is behind the
gas station convenience store
with screening of waiting cars
by landscaping.
Architecture similar to
remainder of center.
COMPLIANCE
Yes
Yes
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PAGE 16
TABLE F - SPECIFIC CAR WASH FINDINGS CONTINUED
DEVELOPMENT
STANDARD
Noise analysis addressing
noise impacts
Traffic study
Adequate parking and
circulation
Screening of waiting cars
Signs in conformance with
Sign Ordinance
Adequate means to eliminate
oils and grease
PROVIDED
Noise assessment prepared
and no significant noise
impacts are identified.
Traffic study prepared and
impacts addressed via
conditions of approval.
Parking provided and queue
lines are adequate to not
impact driveways or
circulation.
Queue lines screened by
landscaping and topography.
Project conditioned to provide
a sign program that complies
with the sign ordinance.
Building code requires
interceptor (clarifiers) to
remove oils and grease.
COMPLIANCE
Yes
Yes
Yes
Yes
Yes
Yes
The findings and conditions for the approval of the existing San Diego Animal Control Facility,
CUP 03-21, are still applicable and adequate for the use. The revision of the CUP is for the
documentation of the new and reconfigured driveway entrance. The existing CUP does not have
an expiration date and no expiration date is proposed. In the event the project did not move
forward, the existing CUP 03-21 would remain in effect as the new CUP amendment (03-21 (A))
would not be effectuated.
G. Variance, Chapter 21.50 of the Municipal Code
The applicant is requesting a Variance from the Sign Ordinance (C.M.C. 21.41) to allow for an
increase in the overall sign area allowance, individual sign area allowance, and maximum
sign/letter height on only the home improvement store. Pursuant to Section 21.41.095 of the
Carlsbad Municipal Code, commercial free standing buildings are allowed one square foot of
wall sign area per lineal foot of building frontage. The building frontage of the home
improvement store is 691 lineal feet. This would allocate 691 square feet of wall sign area for
the whole building and to be used at the discretion of the developer and pursuant to an approved
sign program and sign permits. The ordinance also has a maximum sign area per wall sign of
150 square feet. The maximum letter heights vary based on building size. For a building greater
than 50,000 square feet, the maximum letter height is 48 inches (or four feet).
Per the sign ordinance, sign area is computed by measuring the extreme limits of the writing,
representation, emblem or other display, together with any material or color forming an integral
part of the background of the message used to differentiate the sign from the backdrop or
structure against which it placed. The sign for the home improvement store contains a blue
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PAGE 17
colored background which is the corporation's logo and is significantly larger than the text of the
actual sign. The background is considered an integral part of the sign and is included in the
overall sign area calculation. The Variance for the increase in the individual sign area is
requested for three of the five signs proposed for the home improvement store with one sign per
readily visible building elevation (no sign on back of building). The sign above the main entry to
the store is the largest at 616 square feet in overall area. The other two signs are located on each
side building elevation and are each 164 square feet in area. The letter height of the main entry
sign is seven feet-nine inches (7'9") and the letter height of the side elevations signs is four (4)
feet, which is in compliance. The overall sign area being requested is 1051 square feet. The area
of just the actual signs (lettering only) proposed is 436 square feet in area, which is 255 square
feet below the 691 square foot allowance for the building.
Pursuant to Chapter 21.50 of the Carlsbad Municipal Code, Variances may only be granted if all
four required findings can be made. Each of the findings and the supporting analysis is described
below.
1. That because of special circumstances applicable to the subject property, including size,
shape, topography, location or surroundings, the strict application of the zoning
ordinance deprives such property of privileges enjoyed by other property in the vicinity
and under identical zoning classification.
The subject lot is located on the southwest corner of El Camino Real and Palomar Airport Road,
and was the site of the former Olympic Resort. The development of the previous use was not
subject to current airport regulations. The site is unique given the constraints of a Runway
Protection Zone discussed in section D of this report that encumbers the subject property,
including much of its Palomar Airport Road frontage. In fact, very few parcels in the city have
this airport-based constraint and thus, this property is highly unique in this regard.
The effect of the Runway Protection Zone results in an anchor-tenant setback for this use that
ranges from 180 to 300 feet from Palomar Airport Road. This required setback from Palomar
Airport reduces the visibility of the wall signs to the general public and passing motorists. For a
retail commercial use, such as a home improvement store, visible signage from passing motorists
is a significant determinant of economic success. Therefore, staff recommends support of the
request for the home improvement building to exceed the maximum sign area and maximum
letter height standards.
The approval of this sign variance for this use will not establish a negative precedent for other
properties in the vicinity and under identical zoning classification because the surrounding
properties are zoned Planned Industrial: there are no other C-2 zoned properties in the project
vicinity with similar airport setback constraints.
2. That the variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property
is located and is subject to any conditions necessary to assure compliance with this
finding.
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PAGE 18
As discussed above, no other properties in this vicinity are zoned for commercial uses, nor rely
primarily on the general public and particularly passing motorist for business given their Planned
Industrial zoning classification. In addition, the other properties are not subject to the significant
airport building setbacks required of this project for the home improvement building, therefore
inconsistent limitations or signage allowances are not being established.
3. That the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property.
The granting of a variance for increased wall signage for the proposed home improvement use
does not authorize a use which is not otherwise expressly permitted by the. zoning regulations or
by the project Site Development Plan in that signs are a permitted use in the General Commercial
zone.
4. That the variance is consistent with the general purpose and intent of the General Plan
and any applicable specific or master plans.
The intent of the General Plan with regards to the proposed project is to ensure that commercial
architecture emphasizes community identity while preserving visually appealing designs
compatible with their surroundings. The increase in height of the sign letters and the increase in
size of the wall signs do not compromise the general aesthetic character of the surrounding area
since the large building is over 150,000 square feet in area and 691 feet in length, and the
signage is proportionate to the building size. The one largest letter height of the main sign (the
"L") is 7'9" and the remainder of the main sign letters area 6'8" tall. The height of the building
elevation where the sign is located is 35 feet tall. The actual sign lettering proposed (436 sq ft) is
255 sq ft less than the sign area allowed (691 sq ft) and the pairing of the larger logo and letter
signs for Lowe's is common and used nationwide.
H. Local Facilities Management Plan Zone 5
A Local Facilities Management Plan (LFMP) has been previously prepared and adopted for Zone
5 pursuant to the requirements of the Growth Management Ordinance, Chapter 21.90 of the
Municipal Code. The project will be in compliance with the required performance standards by
satisfying the general and special conditions listed in the LFMZ plan. The previous Olympic
resort site was developed with 33,000 square feet of commercial use. The net increase in
commercial space is 152,244 square feet with the redevelopment of this property with the
proposed project. All required infrastructure is currently in place or conditioned to be
constructed with this project to serve the proposed commercial use consistent with LFMZ 5.
The facility demands of the build out of Local Facilities Management Zone 5 were based on a
projection of future development within the zone. The project's facilities impacts are
summarized in Table G below:
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PAGE 19
TABLE G- LFMP ZONE 5 SUMMARY
STANDARD
City Administration
Library
Waste Water Treatment
Parks
Drainage
Circulation
Fire
Open Space
Schools:
Carlsbad Unified
School District
Sewer
Water
IMPACTS
N/A
N/A
1 8,607 gpd
$.40/sq ft
28.3 cfs
12,370 ADT
Station #5
N/A Disturbed site previously dev
Elementary: 0
Middle: 0
High: 0
85EDU
18,700 gpd
COMPLIANCE
W/STANDARDS
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes: School Fees
Yes
Yes
V.ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection
Ordinance (Title 19 of the Carlsbad Municipal Code), staff has conducted an environmental
impact assessment to determine if the project could have any potentially significant impact on
the environment. The environmental impact assessment identified potentially significant impacts
to air quality, green house gasses, biological resources, cultural resources, hazards, and
transportation and circulation. Mitigation measures have been incorporated into the design of the
project or have been placed as conditions of approval for the project such that all potentially
significant impacts have been mitigated to below a level of significance. Consequently, a Notice
of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and
Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse
for public agency review. Public comment letters were not received during the 30-day public
review period from May 26, 2010 to June 25, 2010.
ATTACHMENTS:
1. Planning Commission Resolution No. 6700 (MND)
2. Planning Commission Resolution No. 6701 (GPA)
3. Planning Commission Resolution No. 6702 (GPA)
4. Planning Commission Resolution No. 6703 (ZC)
5. Planning Commission Resolution No. 6704 (SDP)
6. Planning Commission Resolution No. 6705 (SUP)
7. Planning Commission Resolution No. 6706 (CUP)
8. Planning Commission Resolution No. 6707 (CUP)
9. Planning Commission Resolution No. 6708 (CUP)
10. Planning Commission Resolution No. 6709 (V)
11. Location Map
12. Background Data Sheet
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PAGE 20
13. Local Facilities Impacts Assessment Form
14. Disclosure Statement
15. Planning Commission Resolution No. 5492
16. Reduced Exhibits
17. Exhibits "A - KK" dated July 7, 2010
SITEMAP
NOT TO SCALE
Palomar Commons
GPA 04-03 / GPA 09-07 / ZC 09-08 /
SDP 09-05 / SUP 09-08 / CUP 03-21 (A) /
CUP 09-07 / CUP 10-05 / V 10-01
BACKGROUND DATA SHEET
CASE NO: GPA 04-03/GPA 09-07/ZC 09-08/SDP Q9-05/ SUP 09-08/CUP 03-21 (A VCUP
09-07/CUP 10-05/V 10-01
CASE NAME: PALOMAR COMMONS
APPLICANT: Pacific Sports Resort. Inc/Pacific Athletic Club Carlsbad. Inc.
REQUEST AND LOCATION: Request for the recommendation of adoption of a Mitigated
Negative Declaration and a Mitigation Monitoring and Reporting Program and a
recommendation of approval of a General Plan Amendment to establish a new General Plan
Land Use designation of General Commercial (GO, a General Plan Amendment, and a Zone
Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use
Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65
acre site with a 185,244 square foot commercial center located at the southwest corner of
Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5.
LEGAL DESCRIPTION: That portion of Palomar Airport in Lot G of the Rancho Agua
Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map
thereof No. 823, filed in the office of the county recorder of San Diego County.
APN: 213-020-18-00 Acres: 16.65 Proposed No. of Lots/Units: 185.244 sq ft commercial
GENERAL PLAN AND ZONING
Existing Land Use Designation: Travel/Recreation Commercial (TR)
Proposed Land Use Designation: General Commercial (GC)
Density Allowed: N/A Density Proposed: N/A
Existing Zone: Tourist Commercial (C-T-Q) and Planned Industrial (PM)
Proposed Zone: General Commercial (C-2-0) and Planned Industrial (PM)
Surrounding Zoning, General Plan and Land Use:
General Plan
Site
North
South
East
West
C-2-Q CG
Manufacturing (M)
Planned Industrial (P-
M)
Planned Industrial (P-
M)
Planned Industrial (P-
M)
Government (G)
Planned Industrial (PI)
Planned Industrial (PI)
Planned Industrial (PI)
Current Land Use
Vacant
Palomar Airport
Industrial
Industrial
Animal Shelter
Revised 01/06
LOCAL COASTAL PROGRAM
Coastal Zone: I I Yes IXI No Local Coastal Program Segment: N/A
Within Appeal Jurisdiction: | | Yes [X] No Coastal Development Permit: I I Yes IXI No
Local Coastal Program Amendment: I I Yes 1X1 No
Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A
Existing LCP Zone: N/A Proposed LCP Zone: N/A :
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 85
ENVIRONMENTAL IMPACT ASSESSMENT
I I Categorical Exemption,
Negative Declaration, issued May 25, 2010
I | Certified Environmental Impact Report, dated
D Other,
Revised 01/06
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Palomar Commons - GPA Q4-03/GPA 09-07/ZC 09-08/SDP 09-057
SUP 09-087 CUP 03-2KAVCUP 09-07/CUP 10-05/V 10-01
LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: General Commercial (GO
ZONING: General Commercial - Qualified Development Overlay Zone (C-2-0)
DEVELOPER'S NAME: Pacific Sports Resort. Inc./Pacific Athletic Club Carlsbad. Inc.
ADDRESS: One Lombard Street. San Francisco. CA 94111
PHONE NO.: (720)284-6418 ASSESSOR'S PARCEL NO.: 213-020-18-00
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 185.244 sq ft commercial
ESTIMATED COMPLETION DATE: Spring 2011
18.607 gpd
.40/sq ft
28.3 cfs
A. City Administrative Facilities: Demand in Square Footage = N/A
B. Library: Demand in Square Footage = N/A
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage =
E. Drainage: Demand in CFS =
Identify Drainage Basin =
F. Circulation: Demand in ADT =
G. Fire: Served by Fire Station No.
H. Open Space: Acreage Provided =
I. Schools:
J. Sewer: Demands in EDU
Identify Sub Basin =
K. Water: Demand in GPD =
12.370
N/A
Carlsbad
85
Buena/Vallecitos
18.700
"
DISCLOSURE Development Services
STATEMENT Planning Department
CITYOF P 1fA\ 1635 Faraday Avenue
/•* ADI CD AH * (760)602wt610
V-r\l\l_ODr\L/ www.cartsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submitted. Your project
cannot be reviewed until this information is completed. Please print.
Note; -..-••••.• • .
Person is defined as; "Any individual, firm, co-partnership, joint venture, association, social dub, fraternal
organuatiohi corporation, estate, trust, receiver, syndicate, in thteand any ether county, city and county,,
city municipality, district or other political subdivision or any. other group or combination acting as a unit"
Ageirts may sign this, document however, the legal name and entity of the applicant arid property owner
must be^prpvlded below; : :
1 . APPLICANT (Not the applicants agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application, rf the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a oublidv-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.) Pacif ic Sports Resort , Inc . /
Person Corp/Part Pacific Ath:Letic club carisbaa,inc.
Title _ __ Title _
AddreSS AddrBSS One ij°mbarii Street C/0 Western Athletic Club
San Francisco, Ca 94111
2. OWNER (Not the owner's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
CQrP/Port CountV o£ San Diego, Dept . of Public works, Airports
ix poUVc'M ^u-b^iv/ision oC Jf\f\e. ShiVe c?
Title Title
Address _ Address 196° Joe crosson Drive
_ , _ El Cajon, Ca 92020-1236
P-1(A) Page 1 of 2 Revised 04/09
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust.
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non ProfiVTrust '. Non ProfitfTrust
Title Title_
Address Address
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
i information is true and correct to the best of my knowledge.
Signature of owner/dafe' Signature of applicant/date *
\J
County of San Diego, Dept. of Public Works, Airports Pacific Sports Resort,Inc./Pacific Athletic Club Carlsbad,Inc.
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 04/09
1 PLANNING COMMISSION RESOLUTION NO. 5492
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO REDEVELOP THE NORTH
4 COUNTY ANIMAL SHELTER ON PROPERTY GENERALLY
5 LOCATED SOUTH OF PALOMAR AIRPORT ROAD, WEST
OF EL CAMINO REAL IN LOCAL FACILITIES
6 MANAGEMENT ZONE 5.
CASE NAME: NORTH COUNTY ANIMAL SHELTER
7 CASE NO.: CUP 03-21
WHEREAS, the County of San Diego, "Owner/Developer," has filed a verified
9
application with the City of Carlsbad regarding property described as
10
A portion of Lot G of Rancho Agua Hedionda according to
11 Map No. 823, filed in the Office of the County Recorder of San
12 Diego County, State of California on November 16,1896
13 ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits "A" - "J" dated October 15, 2003, on file in the Carlsbad
16
Planning Department, NORTH COUNTY ANIMAL SHELTER - CUP 03-21 provided by
17
Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and18
19 WHEREAS, the Planning Commission did, on the 15th day of October 2003,
20 hold a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
23
relating to the Conditional Use Permit.
24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
26 Commission of the City of Carlsbad as follows:
27 A) That the foregoing recitations are true and correct.
28 B) That based on the evidence presented at the public hearing, the'Commission
APPROVES NORTH COUNTY ANIMAL SHELTER- CUP 03-21, based on
the following findings and subject to the following conditions:
Findings:
2
1. That the requested use is necessary or desirable for the development of the community, is
3 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 4.37-acre site currently accommodates the North
r County Animal Shelter which has been a part of the community for several years.
The proposed modernization of this County facility is consistent with the General
6 Plan and will not adversely impact existing or permitted uses in the area. The
project will not adversely impact the operations of Palomar Airport located north
7 from the site across Palomar Airport Road. An animal shelter is beneficial to the
community's health, safety and welfare. The proposed project is an expansion and
modernization of a facility, which already exists on this site.
9
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
10 that the site has adequate space for the location and operation of the modernization
of the Animal Shelter including the proposed 25,548 square foot building, 68
parking spaces and vehicle access and internal movements in compliance with City
12 standards or policies.
13 3. 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
'4 provided and maintained, in that the project complies with all requirements for yards,
15 setbacks, walls, fences and landscaping.
16 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Palomar Airport Road is a public street that
17 will be able to handle the traffic involved with this project since projected project
Average Daily Trips is 268 ADT and acceptable levels of service will be maintained
on Palomar Airport Road and its intersection with £1 Camino Real.
19
5. The Planning Commission of the City of Carlsbad does hereby find:
20
a. it had reviewed, analyzed and considered the Negative Declaration and the
21 environmental impacts therein identified for this project and any comments
22 thereon prior to RECOMMENDING APPROVAL of the project; and
23 b. the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
24 Environmental Protection Procedures of the City of Carlsbad; and
25 c. it reflects the independent judgment of the Planning Commission of the City of
26 Carlsbad; and
27 d. based on the EIA Part II and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
28
PCRESONO.5492 -2-
6. The Planning Commission finds that the project, as conditioned herein, is in
2 conformance with the Elements of the City's General Plan, based on the facts set forth in
the staff report dated October 15,2003 including, but not limited to the following:
3
a. Land Use - The project is consistent with the City's General Plan since the
site is designated for Planned Industrial uses which also allows for ancillary
r and conditional uses to be approved if they are compatible with the existing
and future permitted uses in the area. The Animal Shelter has operated at
5 this location for 40+ years and has proven to not adversely impact any of the
adjacent uses or properties.
7
b. Circulation - The project has access to El Camino Real via two existing
driveways and complies with all applicable standards. The existing westerly
access will remain and the easterly access is being realigned approximately
250-feet to the east. The westerly access serves as an entrance into the
10 project while the easterly driveway serves as the exit and a secondary
entrance.
11
c. Open Space and Conservation - That the project is consistent with the Open
Space and Conservation Element of the General Plan and the impacts to
, native vegetation will be mitigated consistent with the City's Habitat
Management Plan either via offsite purchase or In-Lieu fee payment.
14 d. Public Safety - Required facilities have been conditioned to be constructed or
15 are shown on the project plans.
7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
17 Facilities Management Plan for Zone 5 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
lg provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; and fire related to the project will be installed
19 to serve new development prior to or concurrent with need. Specifically,
20 a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
2 j collected prior to the issuance of building permit.
22 b. The Local Facilities Management fee for Zone 5 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
24 c. The project has been conditioned to pay any increase in public facility fee, or new
25 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared
26 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.
28
PC RESO NO. 5492 -3-
8. This project has been conditioned to comply with any requirement approved as part of the
2 Local Facilities Management Plan for Zone 5.
3 9. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
c noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use is acceptably compatible with the airport, in that it is
6 mostly within the 60-65 CNEL contour created by the airport; while some of the site
straddles the 65 CNEL, the proposed use also has elements which would be allowed
and considered acceptably compatible within the 65-70 CNEL noise contours.
o
10. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
9 Code Section 14.28.020 and Landscape Manual Section IB).
10 11. 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.
13 Conditions:
14 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit issuance.
15
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
17 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
20 vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit
21
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the CUP 03-21 documents, as necessary to make them internally
23 consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development
24 different from this approval, shall require an amendment to this approval.
25 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.
27 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
28 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
PC RESO NO. 5492 -4-
unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b)
6 City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
7 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
9 all legal proceedings have been concluded and continues even if the City's approval is not
validated.
10
6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
Site Plan, Preliminary Grading Plan and Preliminary Improvement Plan reflecting
12 the conditions approved by the final decision making body.
13 7. This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
8. This approval is granted subject to the adoption of the Mitigated Negative Declaration
16 and approval of ZC 03-07 and HDP 03-04 and is subject to all conditions contained in
Planning Commission Resolutions No. 5490, 5491 and 5493 for those other approvals
17 are incorporated herein by reference.
18 9. This Conditional Use Permit shall be reviewed by the Planning Director annually to
19 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
20 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
22 substantial negative effects.
23 10. Developer shall implement, or cause the implementation of, the North County Animal
Shelter's Project Mitigation Monitoring and Reporting Program.
24
11. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
27 facilities will continue to be available until the time of occupancy.
28 12. Approval is granted for CUP 03-21 as shown on Exhibits "A"-"J", dated October 15,
2003, on file in the Planning Department and incorporated herein by reference.
PC RESO NO. 5492 -5-
Development shall occur substantially as shown unless otherwise noted in these
2 conditions.
3 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
4 the City's Landscape Manual. Developer shall construct and install all landscaping as
c shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
6
14. 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,o
9 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
10 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
16. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
13
17. Prior to the issuance of the grading permit, 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. 5492 on the
16 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
17 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.
20 18. Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this property may be subject to noise impacts from the proposed or existing
Transportation Corridor, in a form meeting the approval of the Planning Director and City
Attorney (see Noise Form #1 on file in the Planning Department).
23 19. Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
24 McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and
the City Attorney (see Noise Form #2 on file in the Planning Department).
20. Prior to issuance of building permits, the Developer shall record an Avigation Easement
for the property to the County of San Diego and file a copy of the recorded document
27 with the Planning Director.
21. 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
PC RESO NO. 5492 -6-
the Planning Director of an Outdoor Storage-Plan, and thereafter comply with the
2 approved plan.
3 22. 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.
Engineering
6
General
7
23. 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
9 for the proposed haul route.
10 24. 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.
12 Fees/Agreements
13
25. Developer shall cause property owner to execute and submit to the City Engineer for
14 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
16 26. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
17 lot drainage as shown on the Site Plan. The deed restriction document shall be in a form
acceptable to the City Engineer and shall:18
jo a. Clearly delineate the limits of the drainage course;
20 b. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
21
c. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
23 damage to the underlying and adjacent properties or the creation of a public
nuisance.
24
27. Prior to approval of any grading or building permits for this project, Developer shall
^ cause Owner to give written consent to the City Engineer to the annexation of the area
2g shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
27 additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
28
PC RESO NO. 5492 -7-
1 Grading
2
28. Based upon a review of the proposed grading and the grading quantities shown on the
3 Site Plan, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
29. Prior to the issuance of a grading permit or building permit, whichever occurs first,
6 Developer shall submit to the City Engineer proof that a Receipt of Notice of Intent for
the start of work from the State Water Resources Control Board.
7
30. This project requires off site construction. No offsite construction shall occur outside
the limits of this approval unless Developer obtains, records and submits a recorded copy
9 to the City Engineer a grading or slope easement or agreement from the owners of the
affected properties or notarized letter of permission from the adjacent property
10 owner to the satisfaction of the City Engineer. If Developer is unable to obtain the
grading or slope easement, agreement, or letter of permission, no offsite construction
will be permitted. In that case, Developer must either apply for and obtain an
amendment of this approval or modify the plans so construction will not occur outside
the project and apply for and obtain a finding of substantial conformance from both the
13 City Engineer and Planning Director.
Dedications/Improvements
31. Additional drainage easements may be required. Developer shall dedicate and provide or
16 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
17
32. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the Site Plan and the following improvements including, but not
limited to public potable water line, fire hydrants and appurtenances, constructed to City
20 Standards to the satisfaction of the City Engineer.
a) Proposed public potable waterline extended off Palomar Airport Road into
22 the easterly project driveway to serve a proposed onsite public fire hydrant,
sprinkler and water meter needs.
23
Improvements listed above shall be constructed within 18 months of approval of the
24 subdivision or development improvement agreement or such other time as provided in
said agreement.
26 33. Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along the project boundary fronting Palomar Airport Road.
27
34. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
PC RESO NO. 5492 -8-
"California Storm Water Best Management Practices Handbook" to reduce surface
2 pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
3 Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
4 a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
9 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
10 containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
, 2 when planning any changes to the landscaping and surface improvements.
13 35. 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
14 (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:
17
a. include all content as established by the California Regional Water Quality
Control Board requirements;
,n b. include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board;
20 c. recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
21 pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
d. establish specific procedures for handling spills and routine clean up. Special
23 considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
24
36. 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 Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region
27 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
28 storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
PC RESO.NO. 5492 -9-
1
2 a. identify existing and post-development on-site pollutants-of-concem;
b. identify the hydrologic unit this project contributes to and impaired water bodies
3 that could be impacted by this project;
c. 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
c maximum extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
6 considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants;
7 e. ensure long-term maintenance of all post construction BMPs in perpetuity; and
f. 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
9 practicable.
10 37. Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffic index of 5.0 in accordance with City Standards
12 due to truck access through the parking area and/or aisles with an ADT greater than 500.
The structural pavement design of the aisle ways shall be submitted together with
13 required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
14
ic Water15 ~~
lg 38. 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,
17 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
18 satisfaction of the District Engineer.
19 39. The Developer shall design and construct public facilities within public right-of-way or
20 within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
21 maintenance, access and/or joint utility purposes.
22 40. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
23 for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
24
41. The Developer shall design landscape and irrigation plans utilizing recycled water as a
25 source.
f\£_
42. The Developer shall install potable water and/or recycled water services and meters at a
27 location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
28
PC RESO NO. 5492 -10-
43. The Developer shall install sewer laterals and clean-outs at a location approved by the
2 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
3
44. The Developer shall design and construct public water, sewer, and recycled water
4 facilities substantially as shown on the Site Plan to the satisfaction of the District
c Engineer. Proposed public facilities shall be reflected on public improvement plans.
6 45. 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
7 determined that adequate water and sewer facilities are available at the time of
occupancy.o
9 Fire
10 46. The Animal Shelter buildings shall be sprinklered to the satisfaction of the Fire
Marshal and shall be shown on building permit plan submittals.
12 47. Final landscape plans shall depict the landscaped median containing a fire hydrant and
backflow preventer, located at the entrance of the public parking area, with shrubs and
13 planting that will not exceed 36 inches in height. The landscaping in this median shall
also maintain a three-foot separation from the backflow preventer and fire hydrant.
14
Code Reminders
16 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
17
48. Developer shall pay a landscape plan check and inspection fee as required by Section
18 20.08.050 of the Carlsbad Municipal Code.
19 49. Approval of this request shall not excuse compliance with all applicable sections of the
20 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
21
50. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
23
51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
24 Code Section 18.04.320.
^ 52. Any signs proposed for this development shall at a minimum be designed in conformance
26 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
27
53. Developer shall exercise special care during the construction phase of this project to
28 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
PC RESO NO. 5492 -11-
of the City Engineer.
2
54. The Average Daily Trips (ADT) contained in the staff report and shown on the Site Plan
3 are for planning purposes only. 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.
5 NOTICE
6 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."
8
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
9 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.
12
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
13 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
15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
16 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of October 2003 by the
18 following vote, to wit:
19
AYES: Chairperson Baker, Coiranlssloners Dominguez, Montgomery,
20 Segall, White and Whitton
NOES: None
22 ABSENT: Commissioner Heineman
23 ^ ABSTAIN: None
24
25 JlfLEE BAKER, Chairperson
AD PLANNING COMMISSION
26
ATTEST:
8 MICHAEL J.
Planning Director
PCRESONO. 5492 -12-