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HomeMy WebLinkAbout2008-08-20; Planning Commission; Resolution 64341 PLANNING COMMISSION RESOLUTION NO. 6434 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN NO. SP 07-02 ON 4 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND FARADAY AVENUE IN LOCAL FACILITIES 6 MANAGEMENT ZONE 5. CASE NAME: FENTON CARLSBAD CENTER 7 SPECIFIC PLAN CASE NO.: SP 07-028 9 WHEREAS, Fenton Carlsbad Research Center, LLC, "Developer/Owner," has 10 filed a verified application with the City of Carlsbad regarding property," described as: 11 Lot 1 through Lot 5 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, According to the Map Thereof No. 15253, Filed in the Office of the 13 County Recorder of San Diego County, January 30,2006 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Specific Plan as shown on Exhibit "SP 07-02" dated August 20, 2008, on file in the Carlsbad Planning 17 Department, as FENTON CARLSBAD CENTER SPECIFIC PLAN - SP 07-02 as provided 18 by Government Code Section 65453; and 20 WHEREAS, the proposed Specific Plan - SP 07-02 is set forth and attached in 21 the draft City Council Ordinance, Exhibit "Z" dated, August 20, 2008, and attached hereto as 22 FENTON CARLSBAD CENTER SPECIFIC PLAN - SP 07-02; and 23 WHEREAS, the Planning Commission did, on July 16, 2008, August 6, 2008, 24 and August 20, 2008, hold a duly noticed public hearing as prescribed by law to consider said 25 request; and26 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Specific Plan. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That.the foregoing recitations are true and correct. 4 <. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of FENTON CARLSBAD CENTER 6 SPECIFIC PLAN - SP 07-02; based on the following findings and conditions as included herein: 7 Findings: n 1. The Planning Commission finds that the project, as described and conditioned herein for the creation of a Specific Plan (SP 07-02), is consistent with the provisions of the 10 General Plan based on the following: 11 a. Land Use - The project proposes a General Plan Amendment from Planned Industrial (PI) to Office (O) and a Specific Plan (SP) to allow for the development of medical office and general office uses on lots 1 and 4 and 13 general office uses only on lots 2 and 3 (no medical office uses). The proposed Office Land Use designation would be compatible with adjacent Planned 14 Industrial Office and Open Space land uses. 15 b. Circulation - The proposed Specific Plan would not result in any unavoidable , 6 adverse impacts to the area. Future development of lot 4 within the proposed Specific Plan area will implement identified circulation improvements to 17 mitigate for any possible traffic impacts to Salk Avenue, College Boulevard, and El Camino Real. The project is consistent with the applicable policies 18 and programs of the General Plan. 19 c. Open Space & Conservation - The Specific Plan will continue to preserve lot 5 20 as Open Space consistent with the adopted Habitat Management Plan. 21 2. The proposed plan would not be detrimental to ,the public interest, health, safety, convenience, or welfare of the City in that the Specific Plan as identified in the 22 Mitigated Negative Declaration will not cause any significant impacts to the public health, safety, and welfare. The Specific Plan provides for the design, development, and operation of an office park, with two lots dedicated to general office and 24 medical office uses, within an area that is being changed from Planned Industrial to Office uses. 25 3. All necessary public facilities can be provided concurrent with need, and adequate 26 provisions have been provided to implement those portions of the capital improvement program applicable to the subject property in that all projects within the Specific Plan area have been or will be conditioned to implement required infrastructure 2g improvements consistent with the Zone 5 LFMP. 4. The proposed medical office and office uses will be appropriate in area, location, and overall design to the purpose intended in that the uses will serve workers and citizens PC RESO NO. 6434 -2- of the City of Carlsbad. The design and development standards are such as to create an 2 environment of sustained desirability and stability. Such development will meet performance standards established by this title in that the Specific Plan requires 3 project compliance with the development standards of the Office (O) Zone and also provides general site and architectural design guidelines. 4 5. In the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development in that the Specific Plan guides development and provides for the design, development, and operation of an office park, with two lots 7 dedicated to general office and medical office uses, within an area that is being changed from Planned Industrial to Office uses. 8 6. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon in that the Specific Plan area, with mitigation measures, will not in generate any significant increase in average daily vehicle trips and the existing roadways (Salk Avenue, College Boulevard, and El Camino Real) are capable of 11 handling the proposed vehicle trips. 12 7. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development in that the site is topographically suitable for the development of Office type uses, as lots 1, 2, and 3 currently have 14 recently approved and built planned industrial/office buildings and the remaining developable portion (lot 4) of the Specific Plan area has been previously graded for 15 planned industrial/office development. 16 8. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Mitigated Negative Declaration and Mitigation Monitoring and 1' Reporting Program for the project. 18 9. The proposed plan will contribute to the balance of land use so that local residents may 19 work in the community in which they live. 20 10. All requirements of Government Code Sections 65450 et. Seq. have been meet and incorporated in the Fenton Carlsbad Center Specific Plan thereby demonstrating its compliance with applicable provisions of state planning and zoning laws. 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 24 degree of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions; 26 . If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy PC RESO NO. 6434 -3- issued under the authority of approvals herein granted; record a notice of violation on the 2 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 3 or a successor in interest by the City's approval of this Specific Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections _ and modifications to the Specific Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall 5 occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 7 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. 9 4. If any conditions for construction of any public improvements or facilities, or the 10 payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 13 5. Developer shall implement, or cause the implementation of, the Fenton Carlsbad 14 Center Specific Plan Project Mitigation Monitoring and Reporting Program. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold > s harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 17 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 Specific Plan, (b) City's 18 approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation r and operation of the facility permitted hereby, including without limitation, any and all 2Q liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have 21 been concluded and continues even if the City's approval is not validated. 22 7. This approval is granted subject to the approval of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of GPA 07-04, and ZC 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 24 6431, 6132, and 6433 for those other approvals incorporated herein by reference. 25 8. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera-ready master copy of the Fenton 26 Carlsbad Center Specific Plan, in addition to the required number of bound copies. 27 28 PC RESO NO. 6434 -4- 1 2 3 4 5 6 8 9 10 iiA 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees project; NOR DOES IT APPLY to any fees/exactions of which you have in connection with this previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 20, 2008, by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, and Chairperson Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: TSUH^L. >£M2k=> F'RANK H. WHITTON, chairperson CARLSBAD PLANNING COMMISSION ATTEST: .&L / «t/ DON NEU Planning Director PC RESO NO. 6434 -5- Douglas, Montgomery, • EXHIBIT "Z" July 16, 2008 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ADOPTING THE FENTON CARLSBAD CENTER SPECIFIC PLAN (SP 07-02) ON 4 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN COLLEGE BOULEVARD AND 5 FARADAY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 6 CASE NAME: FENTON CARLSBAD CENTER SP 7 CASE NO.: SP 07-02 8 WHEREAS, the City Council did on the day of , hold a duly , „ noticed public hearing as prescribed by law to consider said request; and 11 WHEREAS, said application constitutes a request for a Specific Plan as shown 12 on Exhibit "Z" dated July 16, 2008, attached hereto and made a part hereof. 13 WHEREAS at said public hearing, upon hearing and considering all testimony 14 and arguments, if any, of all persons desiring to be heard, said City Council considered all 15 factors relating to the Fenton Carlsbad Center Specific Plan (SP 07-02); and 16 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 17 follows: 18 SECTION I: That Fenton Carlsbad Center Specific Plan (SP 07-02) 19 dated July 16, 2008, on file in he Planning Department, and incorporated by reference herein, is 20 approved. The Fenton Carlsbad Center Specific Plan (SP 07-02) shall constitute the 21 development plan for the plan area and all development within the plan area shall conform to the 22 plan. 23 SECTION II: That the findings and conditions of the Planning Commission in 24 Planning Commission Resolution No. 6434 shall also constitute the findings and conditions of 25 the City Council.26 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation the City of Carlsbad within fifteen 2 days after its adoption. 3 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City 4 Council on the day of , 2008, and thereafter. 5 " 6 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council 7 of the City of Carlsbad, California, held on the day of , 2008, by the following vote, to wit: 9 AYES: 10 NOES: 11 ABSENT: ABSTAIN: 13 " 14 APPROVED AS TO FORM AND LEGALITY 15 16 RONALD R. BALL, City Attorney 17 18 19 CLAUDE A. LEWIS, Mayor 20 ATTEST: 21 22 LORRAINE M. WOOD, City Clerk 23 (SEAL) 24 25 26 27 28 -2- Fenton Carlsbad Center SPECIFIC PLAN 07-02 Prepared for: H.G. Fenton 7577 Mission Valley Road, Suite 200 San Diego, CA92108 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Prepared by: Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 Approved July 16, 2008 by Planning Commission Resolution (6434) And , 2008 by City Council Ordinance (XXX) (A 48.54 acre medical/office complex on the north and south sides of Salk Ave. between College Boulevard and El Camino Real) July 2008 TABLE OF CONTENTS INTRODUCTION A. PURPOSE AND SCOPE 3 B. LOCATION AND PLANNING AREA INFORMATION 3 C. HISTORY 4 D. REGULATORY SPECIFIC PLAN 4 E. CONSISTENCY WITH THE GENERAL PLAN AND PLANS OF OTHER JURISDICTIONS 8 //. LAND USES A. PERMITTED USES 9 1. AREA 1 9 2. AREA 2 10 3. AREA 3 13 B. LAND USE STANDARDS AND DESIGN REGULATIONS 13 ///. INFRASTRUCTURE PLAN AND IMPLEMENTATION MEASURES 14 IV. RELATIONSHIP OF THE SPECIFIC PLAN'S ENVIRONMENTAL DOCUMENT TO SUBSEQUENT DISCRETIONARY PROJECTS 15 V. SPECIFIC PLAN ADMINISTRATION 75 A. GENERAL NOTES 15 B. MITIGATION MEASURES 15 LIST OF FIGURES Figure 1: Regional Context 5 5 Figure 2: City Context 6 Figure 3: Land Use Plan 7 July 2008 I. INTRODUCTION A. PURPOSE AND SCOPE The purpose of this Fenton Carlsbad Center Specific Plan (FCCSP) is to address the need for a full mix of office and medical facilities within Carlsbad, to serve both residents and the daily workforce. In doing so, the plan aims to achieve an objective of the City of Carlsbad's General Plan by reflecting the cultural values of the community. Some important values are maintaining a jobs-housing balance, providing for a healthy lifestyle, including the provision of services for adequate health care needs, and providing those who live and work in the City of Carlsbad, the right to convenient and readily accessible health care. FCCSP only seeks to define the allowable type of land uses and does not provide development standards or design standards above and beyond those of the Office Zone; the plan does include several implementation measures that future projects will need to comply with in addition to those of the base zone. The FCCSP is adopted pursuant to the provisions of Government Code Sections 65450 et. seq. and the Land Use Element of the City of Carlsbad General Plan. B. LOCATION AND PLANNING AREA INFORMATION The Fenton Carlsbad Center Specific Plan area is located on Salk Avenue, between El Camino Real and College Boulevard. Direct access to the properties will be from Salk Avenue. The 48.54 acre area is located entirely within the boundary of Local Facilities Management Zone 5. The plan area is described as Lots 1 through 5 of Carlsbad Tract 00-20, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15253, filed in the Office of the Recorder of San Diego County, January 30, 2006. The size of the lots and the three land use areas of the FCCSP are listed below: • Area 1 (13.26 acres) o Lot 1 is 3.47 acres. o Lot 4 is 9.79 acres. • Area 2 (14.69 acres) o Lot 2 is 9.78 acres. -, o Lot 3 is 4.91 acres. • Area 3 (20.59 acres) o Lot 5 is 20.59 acres. The plan area (shown in Exhibits 1, 2 and 3) is centrally located to Carlsbad's employment center, yet it is situated on the periphery of the industrial zone in proximity to residential areas to the east and to the north. Additionally, the plan area is approximately 4,000 feet north of McClellan-Palomar Airport within the Airport Influence Area and Flight Activity Zone, but outside the 60 dBA CNEL noise contour, as shown in the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport, amended July 2008 October 4, 2004. A regional map depicting the location of the property within the County and a city context map presenting the location of the property within the City of Carlsbad are provided in Exhibits 1 and 2 on pages 5 and 6 respectively. The boundaries of the FCCSP, and each land use area within the plan, are shown in Exhibit 3 on page 7. C. HISTORY The Fenton Carlsbad Medical Center, formerly the Fox Miller Property, was subdivided and graded into five lots under CT 00-20 in 2002. Lots 1 through 4 were zoned PM for industrial use and Lot 5 was zoned as open space (OS). In 2006, Lot 1 of the FCMC was rezoned from Planned Industrial (PM) to Office (O) under GPA 06-01/ZC 06-017 SDP 06-03. SDP 06-03 allowed for the construction of a two-story 40,655 square foot Medical Office building on Lot 1. This specific plan is being prepared in conjunction with a General Plan Amendment and Zone Change that will change uses in the FCCSP area from Planned Industrial to Office. The FCCSP limits medical uses to lots 1 and 4 of the FCCSP. The following are past approvals related to the FCCSP area: • GPA 00-05/ZC 00-07/CT 00-20/PIP 00-02/HDP 00-11/SUP 00-10 • GPA 06-01/ZC 06-017 SDP 06-03 • PIP 04-03/SUP 04-11 • PIP 06-06 D. REGULATORY SPECIFIC PLAN The FCCSP is a regulatory document that only manages land uses. It is not a policy document, and does not introduce any new policy objectives. The plan provides for a mix of office uses and proportional amount of medical office uses within the city's central employment area and also within close proximity to residentially zoned areas. July 2008 COUNTYRIVERSIDE CAMP PENDLETON (U . S . M . C .) Warner SpringsRincon Valley Center oBorrego Springs San Marcos ^ESCONDIDO \ " s <X-San Pasqual PROJECT LOCATION Scissors CrossingLeucadia Encinitas Olivenhain / o »n Cardiff fc / oAN Solana Beach V! °Rancho / Santa Fe//o Agua Caliente Spring Descanso °/ oGuatay Laguna Pineo . ValleyNPacific Beac Mission Beach Ocean Beach I EGO p National City Chula Vista Boulevard Jacumba Imperial Beach NOT TO SCALE FIGURE lf REGIONAL MAP FENTON CARLSBAD CENTER SPECIFIC PLAN Hofman Planning & Engineering Perpared 2-15-08 3152 Ljonshead AvenueCarlsbad, CA 92010(760) 69^-4100 www.hofmanplanning.oim NOT TO SCALE CITY OF OCEANSIDE CITY OF VISTA CITY OF SAN MARCOS PACIFIC OCEAN CITY OF ENCINITAS FIGURE 2, VICINITY MAP Perpared 2-15-08 FENTON CARLSBAD CENTER SPECIFIC PLAN Hofman Planning & Engineering 3J52 LJonshead AvenueCarlsbad, CA 92010 (760) 692-nOO www.hofmanplannlng.oom SCALE: 1" = 500' FIGURE 3, LAND USE PLAN FENTON CARLSBAD CENTER SPECIFIC PLAN SPECIFIC PLAN BOUNDARY AREA1 13.256 Ac AREA 2 H.690 AC mi , , £HofmanAREAS 20.590AC ^^K Planning & Engineering Perpared 2-15-08 3152 LJonshead AvenueCarlsbad, CA 92010(760) 69^-4100 www.hofmanplannlng.com E. CONSISTENCY WITH THE GENERAL PLAN AND PLANS OF OTHER JURISDICTIONS Lots 1-4 of the plan area are designated in the City of Carlsbad's General Plan as Office and Related Commercial (O) and Lot 5 is designated Open Space (OS). The Fenton Carlsbad Center Specific Plan is consistent with the eight elements of the Carlsbad General Plan. The plan allows a full mix of office uses and limited area for medical offices (Lots 1 and 4) in an area that is zoned and planned for similar planned industrial uses, and provides for the continued use and protection of open space on Lot 5. The following highlights some of the major General Plan goals applicable to the Fenton Carlsbad Center Specific Plan. 1. Land Use Element a. Commercial development to serve the employment and service needs of Carlsbad residents. The specific plan will meet this requirement by allowing development of medical/professional office services to serve as an employment base for both the community and the region in close proximity to housing, and to provide residents and persons employed locally with conveniently located services. 2. Circulation Element a. Adequate circulation infrastructure to serve the projected population. The existing Salk Avenue, College Boulevard and El Camino Real roadways and intersections are adequate in capacity to handle the traffic generated by Office use, and specifically medical office use within Area 1 (Lots 1 and 4 in Figure 3), with the implementation of traffic mitigation improvements detailed in the implementation section of this plan. 3. Noise Element a. Comply with the City policy that 55 Leq (h) dBA is the maximum interior noise level for general office uses. The uses within the plan area will comply with interior noise standards, through the requirement to submit a letter from an acoustician detailing how specific construction measures attenuate the interior noise environment to 55 Leq (h) dBA or lower. July 2008 This plan implements the General Plan in conjunction with the Office and Open Space Zoning classifications of the area. The permitted uses are primarily those specifically referenced in Section II of this document. The provisions of the Office Zone (e.g. development standards, development permit requirements, etc.) and any amendments to it apply to the topics that are not covered in this plan. Approval of this plan does not vest any rights for future approvals of any licenses, discretionary acts or other entitlements necessary for future development in the plan area. Subsequent public works projects, tentative or parcel maps, discretionary acts, and zoning ordinances that affect the plan area must be consistent with the FCCSP. Pre-existing tentative or parcel maps, discretionary acts (e.g., Site Development Plans, Planned Industrial Permits, grading permit, etc.), ministerial acts (e.g., building permits, etc.) are deemed consistent with the FCCSP. The FCCSP area is located within the Airport Influence Area and Flight Activity Zone of the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALCUP). A mix of office and medical office uses allowed under the FCCSP is consistent with compatibility requirements of the existing Airport Land Use Compatibility Plan for the McClellan-Palomar Airport, as amended October 4, 2004, because of the area's location well outside the 60 CNEL dB noise contour. This airport plan is in the process of being revised and modified, and the FCCSP contains a requirement that all future development permits be consistent with the airport plan in effect at the time of the application for development permit. FCCSP was considered at the May 1, 2008 San Diego Airport Authority hearing and found to be conditionally consistent with the ALCUP. The Airport Authority conditioned the plan not to allow intensive development nor uses which involve the assembly of large groups of people (more than one hundred (100) persons per assembly area (as defined by the California Building Code Group A Occupancy). II. LAND USES The Fenton Carlsbad Center Specific Plan does not seek to introduce new uses, however it will not provide for medical uses in Area 2 (Lots 2 and 3) of the plan. A. PERMITTED USES This section outlines the allowed office uses in Areas 1 through 3 of the plan area, no development or design standards are proposed. All development in the O Zone, except child day care centers, shall require approval of a site development plan processed according to the provisions of Chapter 21.06 of the Carlsbad Municipal Code. 1. AREA 1 (LOTS 1 & 4) All uses allowed in the underlying Office zone, which includes medical offices, are permitted in Area 1 (Lots 1 and 4). Additionally permitted appurtenant uses such as a cafeteria, flower or gift shop, and any other accessory uses determined by the Planning Director as relating to a primary use of medical offices, medical clinic July 2008 and/or medical complex. Up to 150,000 square feet of medical offices/complex /clinic are permitted on Lot 4 and up to 47,000 square feet on Lot 1, provided that parking is consistent with the requirements of Chapter 21.44 of the Carlsbad Municipal Code. The maximum size of any future development of Lots 1 and 4 with offices allowed in the O Zone, other than medical offices, would be subject to the development standards of the O Zone. 2. AREA 2 (LOTS 2 & 3) Area 2 (Lots 2 and 3) uses consist of P-M Zone listed office uses that are not directly listed in the O Zone and all uses allowed in the underlying Office zone, excluding dentists, doctors, chiropractors and incidental related uses such as pharmacies (prescription only), biochemical, X-ray laboratories, medical offices, clinics and hospitals. The underlying Office zone "administrative and executive offices / offices business and professional" uses and PM Zone office uses include, but are not limited to: Accessory uses and structures where related and incidental to a permitted use Advertising-direct mail Agricultural consultants Airlines Offices, general offices Air courier services Audio visual services Answering bureaus Appraisers Arbitrators Banks and other financial institutions without drive-thru facilities Billing service Blueprinters Book publishing Bookbinding Building inspection services Burglar alarm systems Business offices for professional and labor organizations Bookkeeping services Building designers Business consultants Civil Engineers Child day care center (2) Computer service (time-sharing) Computer systems Corporate travel agencies and bureaus Collection agencies Commodity brokers Communications consultants 10 July 2008 • Computer programmers • Construction manager • Credit rating service • Diamond and gold brokers • Data communication service • Data processing service • Data systems consultants • Display designers • Display services • Drafting service • Economics research • Educational consultants • Educational research • Electronics consultants • Electric contractors • Environmental services • Energy management consultants • Engineering offices • Escrow service • Estimators • Executive recruiting consultants • Executive training consultants • Executive search office • Export and import consultants • Fire protection consultants • Financial planners and consultants • Foreclosure assistance • Foundation-educational research • Franchise services • Fund-raising counselors • Gemologist • Geophysicist • Government contract consultants • Government facilities and offices • Governmental agencies • Graphic designers • Hotels and motels (2) • Human service organization • Human factors research and development • Importers • Incorporating agency • Industrial medical (workers comp) • Information bureaus • Interior decorators and designers (no merchandise storage) • Investigators • Investment advisory 11 July 2008 Investment securities Leasing services Lecture bureaus Literary agents Magazine subscription agents Mailing list service Management consultants Manufacturer's agents Marketing research and analysis Message receiving service Mutual funds Newspaper/periodical printing (2) On-site recreational facilities intended for the use of employees of the office zone Patent searchers Pension and profit sharing plans Personal service bureau Product development and marketing Public relations services Public utilities companies Publicity services Publishers' representatives Printing services Radio communications Recording services Relocation service Repossessing service Retail uses (2) Retirement planning consultants Safety consultants Sales training and counseling Satellite antennas (1) Searchers of records Security firms Security systems Sound system consultants Space planning consultants Storage, wholesale and distribution facilities Surveyors Tax service and consultants Telephone cable companies Telephone systems Translators and interpreters Tour operators Trademark consultants Trust companies 12 July 2008 • Any other administrative, executive, business and professional offices (excluding medical uses as listed above) 1 = Administrative hearing process 2 = Planning Commission hearing process 3. AREA 3 (LOT 5) This 20.59 acre area was previously established as an open space preserve for the preservation of natural habitat, particularly the Brodiaea Filifolia (Threaded Leaved Brodiaea), consistent with the City of Carlsbad's Habitat Management Plan. Use of Area 3 remains restricted to existing open space / habitat, and there are no development rights in this area of the plan. B. LAND USE STANDARDS AND DESIGN REGULATIONS No land use regulations or design standards beyond those of the underlying office zone and other associated, applicable local regulations (e.g., subdivision, etc.) are imposed by this plan. However, site and architectural design concepts for both areas 1 and 2 are described below. 1. The siting of buildings within the Fenton Carlsbad Medical Center should capture the available views from the property. Changes in massing and articulation of each building should highlight its public entry. All sides of the building facade should receive equal design attention. A building's exterior finish materials should include a generous amount of glass; smooth texture finishes such as plaster, pre-finished metal or concrete, and stone or masonry. Masonry may be utilized as a contrasting or complementary material to other hard surface materials such as glass or metal panels that may be used on the building. Masonry materials may include brick, stone, tile, or architectural concrete block (such as burnished, split face or ribbed block). The materials selected should be consistent with the character of a corporate office building and consistent with the existing buildings in the Carlsbad Research Center. 3. As the buildings may be viewed from above, a neat and clean roof appearance is important. Any roof mounted equipment should be screened and architecturally integrated with the building elements. 13 July 2008 4. Development of each lot should offer pedestrian-oriented site amenities. Pedestrian walkways, plazas and outdoor seating/eating areas, with shade structures, are encouraged throughout the site. Pedestrian and vehicular access to the lots, once off Salk Avenue, should afford a variety of, and continuously changing, view corridors to the new buildings. Trees and other shading elements should provide cover for the parking area as well as the pedestrian access to the building. On-site enclosures such as for trash/recycling, mechanical equipment, or above-grade parking structures should blend into the site environment and be designed in a manner that is architecturally compatible with the primary building in exterior finishes. Shading of the top level of a parking structure should be considered through the use of tree planters or trellis structures. 6. Design and development of Lot 2 is regulated by PIP 04-03 and SUP 04- 11. To the extent that the language, above, conflicts with the provisions of these earlier approvals, the PIP and SUP shall prevail. III. INFRASTRUCTURE PLAN AND IMPLEMENTATION MEASURES The infrastructure improvements planned for and approved as part of Local Facilities Management Zone 5 and the City of Carlsbad Capital Improvement Plan, remain applicable and satisfactory for the FCCSP for all categories except for traffic circulation. FCCSP allows for and encourages the development of medical offices in Area 1 (lots 1 and 4) of the plan area. If medical offices, which have higher traffic generation rates than other types of offices, develop in this plan area, traffic circulation improvements will be necessary, as detailed below. Implementation of the specific plan shall occur through the adherence of future development proposals to the permitting requirements and development standards of the underlying zoning (Office Zone) and all other applicable requirements of the Carlsbad Municipal Code (e.g., Titles 19, 20, 21, etc.). Additionally, all future requests for development, whether administrative or discretionary, within the plan area shall comply with the following in addition to the traffic mitigation measures identified in this plan: • Provide a letter from an acoustician detailing how specific construction measures attenuate the interior noise environment to 55 Leq (h) dBA or lower; • Comply with the requirements of whichever Airport Land Use Compatibility Plan for McClellan-Palomar Airport is in effect at the time of subsequent 14 July 2008 development permit application. FCCSP was considered at the May 1, 2008 San Diego Airport Authority hearing and found to be conditionally consistent with the ALCUP. The Airport Authority found the Specific Plan consistent that the plan not to allow intensive development and all uses which involves the assembly of large groups of people (more than one hundred (100) persons per assembly area (as defined by the California Building Code Group A Occupancy). • Comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) (e.g., provision of Best Management Practices and Low Impact Development requirements) that are current at the time of project application. IV. RELATIONSHIP OF THE SPECIFIC PLAN'S ENVIRONMENTAL DOCUMENT TO SUBSEQUENT DISCRETIONARY PROJECTS A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Fenton Carlsbad Center Specific Plan has been prepared for the Specific Plan area. The approved development permits/rights for Lots 1, 2, and 3 of the plan area remain unaffected by the FCCSP and associated MND and MMRP. Subsequent discretionary development applications for Lot 4 may require additional environmental review, primarily focused on potential traffic impacts, specifically if site design and land uses result in greater impacts (medical office) than discussed in the associated technical studies supporting the MND and MMRP. V. SPECIFIC PLAN ADMINISTRATION As contained in Section 65450, et. seq. of the California Government Code, the FCCSP shall be amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. The FCCSP may not be amended unless the proposed amendment is consistent with the City of Carlsbad's General Plan. Additionally, amendment of the FCCSP shall be subject to the local requirements of Chapter 21.52 of the Carlsbad Municipal Code. A. GENERAL NOTES The developer(s) shall be responsible for implementing the mitigation measures which are based on the Fenton Carlsbad Center Specific Plan Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Where questions arise regarding the interpretation of this Specific Plan, the Planning Director shall resolve them in a manner consistent with the Municipal Code, adopted City plans, and City policy. Such decisions by the Planning Director may be appealed to the Planning Commission and City Council. B. MITIGATION MEASURES 15 July 2008 1. Traffic /'. Prior to the issuance of a grading permit or building permit on lot 4, whichever occurs first, developer shall install and secure with appropriate security as provided by law, a traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and Salk Avenue to City Standards to the satisfaction of the City Engineer. The Developer may request that a reimbursement agreement for the cost of this facility over their fair share be processed. If a reimbursement agreement is requested it shall be approved prior to approval of the improvement plan for the signal. II. Prior to issuance of a grading or building permit on lot 4, whichever occurs first, developer shall install and secure with appropriate security as provided by law public improvements listed below to City Standards to the satisfaction of the City Engineer. These improvements include: 1. Extending the westbound El Camino Real left turn lane to College Boulevard to a total length of 500 feet. •. 2. New 500-foot dual left turn lanes from southbound College Boulevard to Salk Avenue. Hi. Prior to the issuance of a grading or building permit on lot 4, whichever occurs first, developer shall execute a Traffic Signal Development Improvement Agreement to design and install and post appropriate security as provided by law, a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Salk Avenue and Fermi Court, constructed to the satisfaction of the City Engineer. The traffic signal shall be installed only when written approval is received by the City Engineer. The agreement shall be kept in force and security valid for a period of 5-years after the last building permit has been issued for lot 4 within this development. 2. San Diego Regional Airport Authority As the project involves a General Plan Amendment, the project was submitted to the San Diego County Regional Airport Authority (SDCRAA) for a determination of consistency with the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) on May 1, 2008. The SDCRAA adopted Resolution 2008-0018 ALUC finding the project conditionally consistent with the ALUCP. The condition added was the restriction that all assembly areas within the proposed project that are located within the FAZ be limited (as defined by the Uniform Building Code Group A Occupancy) to no more than one hundred (100) persons per assembly area in order to be consistent with FAZ guidelines in the McClellan- Palomar Airport ALUCP. 16 July 2008