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HomeMy WebLinkAbout2014-04-16; Planning Commission; Resolution 70451 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 7045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AMENDMENT, SITE DEVELOPMENT PLAN, SPECIAL USE PERMIT, NONRESIDENTIAL PLANNED DEVELOPMENT PERMIT AND A MINOR SUBDIVISION TO 1) ALLOW FOR THE DEMOLITION OF TWO (2) COMMERCIAL BUILDINGS (INCLUDING VONS AT 7710 EL CAMINO REAL AND 7740 EL CAMINO REAL) TOTALING 45,830 SQUARE FEET WITHIN AN EXISTING 123,822 SQUARE FOOT SHOPPING CENTER (LA COSTA TOWNE CENTER); AND 2) ALLOW FOR THE CONSTRUCTION OF A SINGLE-STORY PARKING STRUCTURE AND TWO (2) MIXED-USE BUILDINGS CONSISTING OF 60 MULTIPLE-FAMILY RESIDENTIAL RENTAL UNITS AND A NET GAIN OF 3,078 SQUARE FEET OF NEW RETAIL ON A PREVIOUSLY DEVELOPED 15.24-ACRE SITE GENERALLY LOCATED ALONG THE EAST SIDE OF EL CAMINO REAL AND SOUTH OF LA COSTA AVENUE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA TOWNE CENTER CASE NO.: SDP 78-03(D)/SDP 13-03/SUP 13-01/PUD 13-02/MS 13-01 WHEREAS, Excel GIV La Costa Owner, LLC, "Owner/Developer," has filed a verified application with the City ofCarlsbad regarding property described as Parcels "B" and "D" of Parcel Map No. 10283, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on July 30,1980 as File No. 80- 240721 of official records ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan Amendment, Site Development Plan, Special Use Permit, Nonresidential Planned Development Permit, and a Minor Subdivision as shown on Exhibits "Al - A19", "Cl - C8" and "Ll - LIO", dated April 16, 2014, on file in the Planning Division, LA COSTA TOWNE CENTER - SDP 78-03(D)/SDP 13- 03/SUP 13-01/PUD 13-02/MS 13-01, as provided by Chapter 21.06, Section 21.53.120, Chapter 21.40, Chapter 21.47, and Title 20 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 16, 2014, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to 18 19 20 the Site Development Plan Amendment, Site Development Plan, Special Use Permit, Nonresidential Planned Development Permit, and Minor Subdivision. WHEREAS, on March 14,1979, June 13,1979, February 13,1980, and January 2, 2002, the Planning Commission approved, SDP 78-03, SDP 78-03(A), SDP 78-03(B) and SDP 78-03(C), as described and conditioned in Planning Commission Resolutions No. 1501, 1524, 1585, and 5056, respectively. 1 2 3 4 5 6 7 g NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of g Carlsbad as follows: 10 A) That the foregoing recitations are true and correct. 11 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES LA COSTA TOWNE CENTER - SDP 78-03{D)/SDP 13-03/SUP 13-01/PUD 13- 12 02/MS 13-01 based on the following findings and subject to the following conditions: 13 Findings: 14 SDP Amendment, SDP 78-03(D) 15 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be 16 detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in 1^ that the proposed mixed use project complies with the requirements of the Neighborhood Commercial and Qualified Development Overlay zones (C-l-Q) and all other applicable development regulations, except for the height, which can be modified as part of the Site Development Plan for the inclusionary housing pursuant to CMC Section 21.53.120. The proposed commercial and residential uses are consistent with and implement the Local Commercial General Plan Land Use designation. In addition, mixed use with a residential component is an encouraged use adjacent to major transportation corridors and in major 21 commercial centers. The front yard setback proposed for the mixed use building, parking structure and parking lot exceed the minimum 10-foot-wide landscaped front yard setback from 22 El Camino Real as established pursuant to SDP 78-03. Furthermore, the surrounding commercial uses will benefit directly by the proposed 60 multi-family rental units; likewise, the proposed 23 multi-family residential use will benefit from having a commercial center in close proximity to serve everyday commercial needs. In addition, as 12 ofthe 60 multi-family residential units (i.e., 24 20%) will be designated as inclusionary units, the project will meet various goals of the Housing Element and contribute towards meeting the City's Regional Housing Needs. 25 The project's enhanced Classical Mediterranean architectural design represents an overall 26 upgrade to the currentiy underutilized shopping center and is compatible with the commercial architectural styles in the area. Proposed elements, including smooth plaster walls and 2^ cornices, a warm earth tone color palette, clay tile roofs, heavy timber wood trellises, wrought iron balconies and arched openings, complement the characteristic elements of the PC RESO NO. 7045 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 original center. While the existing shopping center is currently legal nonconforming with respect to parking, the required parking associated with the net gain of commercial square footage and multi-family use has been provided. In addition, ali infrastructure needs (full street improvements, curb, gutter, sidewalk, and traffic signals) currently exist along El Camino Real and La Costa Avenue. In exchange for the addition of a new driveway off of El Camino Real to access the proposed parking structure, one access driveway into the La Costa Towne Shopping Center located off of El Camino Real will be removed. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the subject 15.24-acre site is adequate in size and shape to accommodate the proposed buildings and, with exception to building height, the proposed uses comply with the required development and design standards of the Neighborhood Commercial and Qualified Development Overlay zones (C-l-Q) of Carlsbad Municipal Code Title 21, including the 10- foot-wide landscaped front yard setback from Ei Camino Real which was approved pursuant to SDP 78-03. 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, in that, with exception to the building height, the project has been designed in accordance with all development and design standards of the Neighborhood Commercial and Qualified Development Overlay Zones. Further, a new updated landscape palette proposed adjacent to El Camino Real will soften any impacts associated with the new development. In addition, mitigation measures to comply with the interior noise standards are incorporated into the project. The project has also been conditioned to ensure that the outdoor lighting proposed in conjunction with the commercial project does not adversely affect the proposed residential uses. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that pursuant to the Mitigated Negative Declaration prepared for the proposed project, the traffic impacts associated with the new development, 791 ADT, will not adversely impact the levels of service of the surrounding roadways and key intersections, which will remain operating at an acceptable level of service. In addition, in exchange for the addition of a new driveway off of El Camino Real to access the proposed parking structure, one access driveway into the La Costa Towne Shopping Center off of El Camino Real will be removed. Thus, a total of four access points into the shopping center will remain (3 off of El Camino Real and one off of La Costa Avenue). Site Development Plan, SDP 13-03 (Multi-Family Rental Dwelling Units and Inclusionary Housing) 5. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, 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 will not adversely impact the site, surroundings or traffic circulation, in that the residential component of the proposed La Costa Towne Center mixed use project entails a request to construct 60 multi-family units on top of ground floor retail uses. A total of 12 of the rental units are proposed to be designated as inclusionary housing. On December 17, 2012, the City's Housing Policy Team recommended approval of the applicant's request to income and rent-restrict 15% of the units (9 totai) for occupancy by low income households (with rents set at 30% to 70% of the San Diego County Area Medium Income) and 5% of the units (3 total) for occupancy by moderate income households (with rents set at 30% to 100% of the San Diego County Area Medium Income). PC RESO NO. 7045 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 With respect to the residential component of the mixed use project, pursuant to the Housing Element, the City recognizes the increasing pressure to encourage smart growth developments; specifically, developments which recognize the importance of sustainability and which balance social, economic, and environmental needs through the development of mixed use commercial projects. The surrounding commercial uses in the La Costa Towne Center as well as surrounding shopping centers will benefit directly by the proposed 60 multi- family rental units; likewise, the proposed multi-family residential use will benefit from having a commercial center in close proximity to serve everyday commercial needs. In addition, as 12 of the 60 multi-family residential units (i.e., 20%) will be designated as inclusionary units, the project will meet various goals of the Housing Element and contribute towards meeting the City's Regional Housing Needs. For these reasons and pursuant to Table 3-7 of the Housing Element, the subject La Costa Towne Shopping Center is an ideal location for high density housing since it is close to a major transportation corridor and employment areas. Pursuant to the Housing Element, the minimum density for commercial zones in the City is 20 dwelling unit per acre. The dwelling unit yield projected for shopping centers is based on 25% of the center's acreage since it recognizes the importance of maintaining sites for commercial uses in the City. With a net acreage of 10.83 acres for the La Costa Towne Shopping Center, the residential portion of the project (2.7 acres) has a proposed density of 22.2 (60/2.7 = 22.22) dwelling units per acre. Therefore, the minimum goal has been met and the project is consistent with the Housing Element with respect to density. The proposed project is consistent will all other applicable elements of the General Plan. That the site for the intended use is adequate in size and shape to accommodate the use, in that the subject 15.24-acre site is adequate in size and shape to accommodate the proposed buildings and parking for the new uses. With exception to building height, the proposed uses comply with the required development and design standards of the Neighborhood Commercial and Qualified Development Overlay zones (C-l-Q) of Carlsbad Municipal Code Title 21, including the 10-foot-wide landscaped front yard setback from El Camino Real which was approved pursuant to SDP 78-03. 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, in that, with exception to the building height, the project has been designed in accordance with all development and design standards of the Neighborhood Commercial and Qualified Development Overlay Zones. Further, a new updated landscape palette proposed adjacent to El Camino Real will soften any impacts associated with the new development. In addition, mitigation measures to comply with the interior noise standards are incorporated into the project and the project has been conditioned to ensure that the outdoor lighting proposed in conjunction with the commercial project does not adversely affect the proposed residential uses. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that primary access to the shopping center will continue to be provided by a total of four access driveways, including one off of La Costa Avenue and three off of El Camino Real. As discussed in the Mitigated Negative Declaration prepared for the project, the Average Daily Trips (ADTs) generated in association with the project, 791 ADTs, do not result in any significant capacity-related impacts to any road segments or intersections. PC RESO NO. 7045 -4- 1.. That, pursuant to CMC Section 21.26.015, the residential use is secondary and accessory to the 2 primary commercial use, in that the proposed 60 multi-family rental units are architecturally integrated into the proposed mixed use buildings, are located at the northern portion of the 3 15.24-acre shopping center and the square footage of the multi-family housing represents 33.7% ofthe square footage for the overall shopping center. 10. That, pursuant to CMC Section 21.53.120, in order to allow for less restrictive development standards, specifically with respect to the allowable maximum height for the La Costa Town Center project (35-foot maximum height allowed pursuant to the El Camino Real Corridor Development Standards; up to 45 feet proposed), the following additional findings are required: Special Use Permit, SUP 13-01 The project is in conformance with the General Plan and adopted policies and goals ofthe city, in that the proposed mixed use project, which includes 12 inclusionary rental units, is encouraged near major transportation corridors and employment areas. In addition, g the project provides new, affordable housing opportunities to meet the needs of the current lower and moderate income households. 10 The inclusionary housing would not have a detrimental effect on the public health, safety 22 and welfare, in that the on-site inclusionary rental units will not be physically discernable from the standard rental units and the additional 10 feet in height will not 12 adversely impact the public's health, safety, or welfare. 13 As the proposed project has been found to be consistent with the General Plan and the proposed request to exceed the 35-foot maximum height allowed pursuant to the El Camino 14 Real Corridor Development Standards would not affect the public's health, safety or welfare, the proposed modification to the height for the mixed use project can be supported. 15 " 16 11. The proposed project conforms to the intent of the Scenic Preservation Overlay in that the YJ overall design theme is enhanced along the El Camino Real corridor. Specifically, the La Costa Towne Center project includes an upgraded landscape palette which significantly enhances 18 the appearance of the shopping center as viewed from the El Camino Real corridor. In addition, the proposed Classical Mediterranean architectural design for the proposed mixed use 19 buildings represents an overall upgrade to the currently underutilized shopping center as viewed from El Camino Real. Proposed architectural elements, including smooth plaster walls and 20 cornices, a warm earth tone color palette, clay tile roofs, heavy timber wood trellises, wrought iron balconies and arched openings. To accommodate the proposed mixed use 21 project, which includes a partially subterranean parking structure, a deviation to the standards is required for the proposed height (7710 El Camino Real, 45-foot-tail building) as well as grading for the proposed partially subterranean parking structure (11-foot cut). The proposed setbacks of the mixed use building, parking structure, and new parking lot comply with the setback as a 10-foot-wide front yard setback was established pursuant to the original 2^ Site Development Plan for the shopping center, SDP 78-03. The proposed structures exceed this minimum setback and maintain traffic safety along the El Camino Corridor. 25 12. The proposed project implements the goals and objectives of the General Plan in that mixed 25 use projects are encouraged land uses in existing shopping centers which are located adjacent to major transportation corridors such as El Camino Real. In addition, the proposal to 27 construct 60 multi-family rental units, including 12 inclusionary rental units, complies with the minimum density of 20 dwellings per acre and satisfies inclusionary housing goals of 28 PC RESO NO. 7045 -5- 1.. constructing new inclusionary units on-site. The project has been designed to meet all of the 2 circulation requirements and will not adversely impacts the level of service at nearby intersections or street segments. Further, a mitigation measure is proposed which reduces 3 interior noise impacts to the proposed residential and commercial land uses to a less than significant level. 4 13. Compliance with the grading (maximum cut or fill of 10 feet) as specified in Area 5 of the El ^ Camino Real Corridor Development Standards is not feasible since a partially subterranean parking structure is proposed which requires up to an a 11-foot cut into the existing grade. The proposed parking structure is needed to accommodate the parking for the proposed mixed use project. In addition, because the area of excavation will not be a visible cut slope and the setbacks will be landscaped to soften the impacts, the views from the El Camino g Corridor will be preserved. g Compliance with the height restrictions (35 feet) as specified in Area 5 of the El Camino Real Corridor Development Standards is not feasible and the 2"" and 3"' stories of the proposed 10 mixed use building (7710 El Camino Real) accommodate multi-family residential units which assist in achieving the minimum 20 dwelling units/per acre density as required in commercial 11 zones. Further, as inclusionary housing is proposed on-site, the additional height can be permitted as a modification to standards pursuant to CMC Section 21.53.120. 12 14. That the scenic qualities of the corridor will continue to be maintained if the grading and 13 height standards are not fulfilled since the proposed project represents a significant upgrade to the La Costa Towne Center as viewed from El Camino Real, including an enhanced 14 landscape palette along the entire shopping center frontage, the demolition of two underutilized buildings and the construction of two new mixed use buildings with enhanced 1^ architecture. The proposed height of 45 feet (7710 El Camino Real) will not adversely impact views along El Camino Real in that a majority of the mixed use building is 37 feet tail and is 1^ separated by approximately 30 feet of landscaping between the building and El Camino Real. Thus, the scenic qualities of the corridor will not only be maintained but ultimately enhanced. 18 19 20 23 24 25 15. That the project, including non-compliance with the grading and height standards, will not have an adverse impact on traffic safety in that non-compliance with either of these standards are not related to the movement of traffic on El Camino Real. Further, The Engineering Department has determined that the project meets ail applicable traffic safety requirements. 22 16. That the La Costa Towne Center project is generally designed so as to meet the intent of the scenic preservation overlay zone through the use of an upgraded landscape palette and 22 architectural design for the shopping center. Nonresidential Planned Development Permit, PUD 13-02 17. The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans ofthe city and other governmental agencies in that the proposed nonresidential planned development permit for a four-lot parcel map, which includes 3 nonresidential lots and one vertical lot for the multi- 2g family apartments, is consistent with: the Local Shopping Center (L) General Plan Land Use designation; Neighborhood Commercial (C-l) and Qualified Development Overlay (Q) zones; 27 and, with a deviation to the standards for height and grading, the Ei Camino Real Corridor 28 PC RESO NO. 7045 -6- 1.. Development Standards. As there is no minimum lot size pursuant to the C-l zone, the 2 proposed parcels sizes are consistent with the C-l zone. 3 18. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well-being of the neighborhood and the 4 community in that the nonresidential planned development permit, which includes 3 nonresidential lots and one vertical residential lot, will allow for separate ownership of the ^ apartments and retail uses. The proposed mixed use project is compatible with the existing shopping center and surrounding land uses and satisfies a number of General Plan goals and ^ policies with respect to mixed use and inclusionary housing. In addition, the ability for the ^ land uses to be separately-owned will not adversely affect the project's compatibility with the surrounding land uses. 8 19. Such use will not be detrimental to the health, safety, or general welfare of persons residing or 9 working in the vicinity, or injurious to property or improvements in the vicinity in that the proposed nonresidential planned development permit meets all applicable city standards 10 and ordinances and all public facilities and services exist. Further, while the parking for the existing shopping center is legal nonconforming, adequate parking is provided for the 11 proposed mixed use project. In addition, the project has been conditioned to amend the existing reciprocal parking, access and maintenance agreement for the shopping center. 12 20. The proposed nonresidential planned development meets all of minimum development 13 standards of the underlying zone, in that, there is no minimum lot size pursuant to the C-l zone, the proposed structures meet the setbacks as established pursuant to SDP 78-03, and 1^ the project has been conditioned to amend the existing reciprocal parking, access and maintenance agreement for the shopping center. While the project's height and grading cut depth do not comply with the applicable El Camino Real Corridor Development Standards, findings for approval can be supported to deviate from the Standards. 15 16 17 18 Minor Subdivision, MS 13-01 21. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements ofthe General Plan, any applicable 2g specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed four lot minor 20 subdivision provides the required public vehicular access in that the proposed four-lot minor subdivision being created satisfies ali minimum requirements of Titles 20 and 21 with respect 21 to public facilities, access and parking. The project has been conditioned to amend the existing reciprocal parking, access and maintenance agreement for the shopping center prior 22 to recordation of the map. 23 22. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed and are currently designated for either Local Shopping 24 Center (L), or Residential Low-Medium (RLM) or Medium to High (RMH) Density in the General Plan. The subject property is bordered by office uses to the north, single-family uses to the east and multi-family uses to the south. The proposed mixed use project has a density of 22.2 dwelling units per acre, which exceeds the minimum goal of 20 dwelling units per acre in commercial zones. 27 PC RESO NO. 7045 -7- 7 1 .. 23. That the site is physically suitable for the type and density of the development since the site is 2 adequate in size and shape to accommodate residential development at the density proposed, in that the Local Shopping Center (L) General Plan Land Use designation allows for mixed use 3 at a minimum density of 20 dwelling units per acre. The proposed multi-family residential component of the project (60 units) has a proposed density of 22.2 dwelling units per acre. A 4 deviation to the standards with respect to the height and grading requirements is required pursuant to the El Camino Real Corridor Standards. The findings for approval to support this ^ deviation can be made. ^ 24. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court Judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the developer has g delineated and preserved on the parcel map, all existing easements of record. 9 25. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 10 26. That the design of the subdivision provides, to the extent feasible, for future passive or natural 11 heating or cooling opportunities in the subdivision, in that the proposed commercial and residential buildings have an east-west orientation thereby allowing for passive or natural 12 solar heating and cooling opportunities. 13 27. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the 1^ public service needs of the City and available fiscal and environmental resources and the project has been conditioned to designate 12 of the 60 multi-family residential units (i.e., 20%) as inclusionary units. Specifically, 15% of the units (9 total) for occupancy will be rent- restricted for low income households (with rents set at 30% to 70% of the San Diego County Area Median Income) and 5% of the units (3 total) for occupancy will be rent-restricted for 2y moderate income households (with rents set at 30% to 100% of the San Diego County Area Medium Income). 18 28. That the design of the subdivision and improvements are not likely to cause substantial 19 environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the proposed development does not contain any significant wildlife or sensitive 20 habitat. In addition, pursuant to the Mitigated Negative Declaration prepared for the project, all other non-habitat/wildlife-related environmental impacts can be reduced to a less than 21 significant level with the incorporation of mitigation measures. 22 29. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in ^3 accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 15 16 24 25 26 30. That the City's Housing Policy Team recommended approval of the request for an allocation 27 for 60 units from the EDUB on December 17, 2012. City Council Policy No. 43, Allocation for Excess Dwelling Units 28 PC RESO NO. 7045 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31. That, based on the proposal to construct a total of 60 multi-family rental dwelling units, a totai of 20%, or 12 of the units, are required to be designated as income-restricted units. As required, 12 inclusionary units are included in the proposed La Costa Towne Center project. 32. That an Affidavit has been signed by the Applicant/Developer, March 17, 2014, indicating that any rental inclusionary units proposed which are required to comply with Carlsbad Municipal Code, Chapter 21.85, will not be subject to Civil Code Section 1954.52(a) nor any other provision of the Costa Hawkins Rental Housing Act (Civil Code Sections 1954.51 et seq.) inconsistent with controls on rents, because, pursuant to Civil Code Sections 1954.52(b) and 1954.53(a)(2), the Developer will enter into an affordable housing contractual agreement with the City of Carlsbad agreeing to the limitations on rents. 33. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the proposed mixed use project, with a density of 22.2 dwelling units per acre, is proposed to be located within an existing local shopping center. The project is internally compatible with and will not adversely impact the adjacent residential uses in that the nearest single-family residential uses are located approximately 100 feet upslope and 200 feet east from the proposed two-story mixed use building. The nearest multi-family uses are located adjacent to the southern corner of the shopping center, approximately 800 feet south of the proposed two-story mixed use building. 34. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document, in that the minimum density for commercial zones in the City is 20 dwelling unit per acre. Further, the dwelling unit yield projected for shopping centers is based on 25% of the center's acreage since it recognizes the importance of maintaining sites for commercial uses in the City. With a net acreage of 10.83 acres for the La Costa Towne Shopping Center, the residential portion of the project (2.7 acres) has a proposed density of 22.2 (60/2.7 = 22.22) dwelling units per acre. The proposed mixed use project is located in the La Costa Towne shopping center which is specifically recommend for mixed use pursuant to the General Plan as it is located adjacent to a major transportation corridor with transit stops as well as a wide range of employment opportunities. The surrounding commercial uses in the La Costa Towne Center as well as surrounding shopping centers will benefit directly by the proposed 60 multi-family rental units; likewise, the proposed multi-family residential use will benefit from having a commercial center in close proximity to serve everyday commercial needs. Caiifornia Environmental Quality Act: 35. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and b. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and PC RESO NO. 7045 -9- 14 15 17 18 20 21 General 1 .. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; 2 and 3 d. based on the EIA Part II, comments thereon and with the incorporation of the proposed Mitigation Measures listed in the Mitigation Monitoring and Reporting Program and 4 Addendum, there is no substantial evidence the project will have a significant effect on the environment. 5 6 „ 36. The Planning Commission finds that the project, as conditioned herein, is in conformance with 7 the Elements of the City's General Plan based on the facts set forth in the staff report dated April 16, 2014 including, but not limited to the following: 8 " 9 A. Land Use - The La Costa Towne Center project includes the demolition of two existing buildings located in the existing La Costa Towne shopping center and the construction 10 of two mixed use buildings and additional parking. The project is intended to revitalize the shopping center with the new residential development and commercial 11 retail uses. The residential component of the mixed use project includes the development of 60 multi-family apartments, including 12 inclusionary units, which 12 will be required to be rented at the low or moderate income level. In addition, the proposed project is located adjacent to a major transportation corridor with bus stops 13 located in close proximity along El Camino Real. The project will fulfill the daily needs of the new residential units by providing convenience goods and personal services within the shopping center. The proposed Classical Mediterranean architectural design will complement and enhance the overall appearance of the La Costa Towne Center as viewed from El Camino Real; and 1^ B. Housing - The city's Housing Policy Team has determined that the La Costa Towne Center project is required to designate 20% or 12 of the proposed 60 multi-family units as inclusionary units. Specifically, 15% of the units are required to be income and rent-restricted to low income households at 70% of AMI and 5% at moderate income at 100% of AMI. The applicant has agreed to this requirement and 29 incorporated the 12 units into the project. The provision for inclusionary housing will contribute towards achieving the city's Regional Housing Needs; and C. Circulation - As concluded in the Mitigated Negative Declaration, the proposed mixed use project will not adversely impact the traffic circulation in that in exchange for the addition of an entry off of El Camino Real into the proposed parking structure, an 22 existing driveway adjacent to El Camino Real will be eliminated. A total of four access driveways into the development will remain. The parking lot has been designed to 23 meet the minimum fire access requirements and the proposed project (791 ADTs) will not adversely impact the levels of service of the surrounding roadways and key 24 intersections, which are operating at an acceptable level of service; and 25 D. Noise - Pursuant to the Mitigated Negative Declaration, a mitigation measure is required to reduce impacts associated with noise generated by vehicular traffic on El 26 Camino Real. Specifically, a noise study will be required prior to issuance of the building permit to confirm compliance with the interior noise requirements for the 27 commercial and residential land uses. With implementation of the mitigation measure, the noise impacts will be reduced to a less than significant level. PC RESO NO. 7045 -10- 19 27 28 a. The project has been conditioned to provide proof from the Encinitas Unified School District that the project has satisfied its obligation for school facilities. 1 37. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 2 Facilities Management Plan for Zone 6 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all 3 facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government 4 administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 5 6 ^ b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected g prior to the issuance of building permit. 9 c. The Local Facilities Management fee for Zone 6 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 10 A growth management park fee for residential and non-residential development will be 11 collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by residents and employees within Local 12 Facilities Management Zone 6. 13 38. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 14 39. The Planning Commission has reviewed each of the exactions imposed on the Developer 15 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 1^ of the exaction is in rough proportionality to the impact caused by the project. 1^ Conditions 18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation ofthe Final Map. 2Q 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained 22 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 22 further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to 23 compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site 24 Development Plan Amendment, Site Development Plan, Special Use Permit, Nonresidential Planned Development Permit, and a Minor Subdivision. 25 Staff is authorized and directed to make, or require the Developer to make, all corrections and 26 modifications to the Site Development Plan Amendment, Site Development Plan, Special Use Permit, Nonresidential Planned Development Permit, and Minor Subdivision documents, as necessary to make them internally consistent and in conformity with the final action on the PC RESO NO. 7045 -11- 1 „ project. Development shall occur substantially as shown on the approved Exhibits. Any 2 proposed development, different from this approval, shall require an amendment to this approval. 3 Developer shall comply with all applicable provisions of federal, state, and local laws and 4 regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5 6 7 8 Developer shall implement, or cause the implementation of, the Mitigated Negative 9 Declaration, Mitigation Monitoring and Reporting Program, and Addendum. 10 6. 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 11 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, 12 from (a) City's approval and issuance of this Site Development Plan Amendment, Site Development Plan, Special Use Permit, Nonresidential Planned Development Permit, and a 13 Minor Subdivision, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 1^ (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 17 Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the 28 Tentative Map and Site Plan reflecting the conditions approved by the final decision-making body. 19 Developer shall include, as part of the plans submitted for any permit plancheck, a reduced 20 legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 21 Prior to the issuance of a building permit, the Developer shall provide proof to the Building 22 Division from the Encinitas (elementary) Unified School District and San Dieguito Unified (middle and high school) School District (that this project has satisfied its obligation to provide school facilities. 10. This project shall comply with all conditions and mitigation measures which are required as part ofthe Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 24 25 26 11. This approval supersedes the approval for Site Development Plan, SDP 78-03, and Site 27 Development Plan Amendments SDP 78-03(A), SDP 78-03(B), and SDP 78-03(C) (Planning Commission Resolutions No. 1501,1524,1585, and 5056, respectively). 28 PC RESO NO. 7045 -12- 1 12. This approval shall become null and void if building permits are not issued for this project within 2 24 months from the date of project approval. 3 13. 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 4 service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will 5 continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 6 ^ 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and g CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee 9 for Zone 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan 10 and shall become void. 11 15. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape 12 Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, 13 and debris. 1^ 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 16 17. All roof appurtenances, including air conditioners, shall be architecturally integrated and YJ concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the 28 Community and Economic Department. In addition, the roof of each of the new mixed use buildings (where tile is not utilized), as well as all of the roof equipment, shall be painted to 19 match the dominant color of the stucco (i.e., tan/light brown) for the new mixed use buildings. 20 18. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice of 21 Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, 22 notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan Amendment, Site Development Plan, Special Use Permit, Nonresidential Planned Development Permit, and a Minor Subdivision by Resolution No. 7045 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said 2g notice upon a showing of good cause by the Developer or successor in interest. 24 25 27 28 PC RESO NO. 7045 -13- 1 „ 19. Developer shall prepare and record a Notice that this property may be subject to noise impacts 2 from the proposed or existing Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning Division). 3 20. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 4 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 5 ^ 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 the City Planner ^ an Outdoor Storage Plan, and thereafter comply with the approved plan. 8 22. Developer shall submit and obtain City Planner approval of an exterior lighting plan including 9 parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 10 23. Compact parking spaces shall be located in large groups, and in locations clearly marked to the 11 satisfaction of the City Planner. 12 24. Developer shall construct, install, and stripe not less than 601 parking spaces, as shown on Exhibits "A1-A19." 13 25. Prior to the recordation of the final map for any phase of this project, or where a map is not 14 being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 12 multi-family rental dwelling units on proposed Parcel 4 of MS 13-01; specifically, nine (9) multi-family rental units shall be deed-restricted as affordable to lower-income households and three (3) multi-family rental units shall be deed-restricted as affordable for moderate income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall 28 be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and 29 successors in interest. 20 26. Developer shall construct the required 12 inclusionary rental units concurrent with the project's remaining 48 multi-family rental units, unless both the final decision-making authority of the 21 City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 22 27. Prior to recordation of the final map, all parties involved in the joint use of the parking lot shall 23 provide evidence of a Reciprocal Parking, Access and Maintenance agreement for such Joint use and maintenance by a proper legal instrument approved by the city attorney as to form and the City Planner as to content. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office ofthe county recorder and copies thereof filed with the City Planner. The Reciprocal Parking, Access, and Maintenance agreement shall run with the land and a transfer of ownership of one or more of the properties shall not affect the enforceability of the Agreement so long as the Non-Residential Planned Development 27 Permit, PUD 13-02, remains in effect. 16 17 24 25 26 28 PC RESO NO. 7045 -14- 1,. 28. Prior to the issuance of building permits for the first mixed use building, the applicant shall 2 submit a lighting plan to the City Planner for approval. The lighting plan shall indicate the location of proposed light standards and poles (in exhibit form), along with detailed 3 information outlining illumination and lighting fixture design with the objective of providing adequate and safe parking lot lighting that does not impact residential uses located within the 4 project area or adjacent to the project site. Specifically, the lights shall be shielded downwards and directed away from the residential uses. 5 6 7 24 25 29. Prior to occupancy of the multi-family rental component of the project, the recreation areas which include, but are not limited to, the landscape planters, spa, and gym, identified on Exhibits "Al-A19"shall be completed. g 30. A minimum 10-foot-wide landscaped setback along El Camino Real shall be maintained for ail of the buildings, including the parking structure, as well as all parking areas. 9 31. Prior to occupancy clearance of the first mixed use building, a Comprehensive Sign Program 20 shall be approved by the City Planner. 11 32. Truck deliveries at the loading dock area associated with the new mixed use building (7710 El Camino Real) shall be limited to the hours of 7:00 a.m. to 10:00 p.m., to the maximum extent 12 feasible, and to the satisfaction of the City Planner. 13 Engineering: 1^ NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a parcel map, grading permit or building permit, whichever comes first. General 15 16 17 33. Prior to hauling dirt or construction materials to or from any proposed construction site within 28 this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 19 34. This project is approved upon the express condition that building permits will not be issued for 20 the development of the subject property, unless the Olivenhain Municipal Water District and the Leucadia Wastewater District have determined that adequate water and sewer facilities are 21 available at the time of permit issuance and will continue to be available until time of occupancy. 22 35. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or parcel map, whichever occurs first. 2g 36. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. 27 PC RESO NO. 7045 -15- 1 „ 37. Prior to the recordation of a parcel map, the developer shall submit to the city engineer an 2 acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, 3 including but not limited to private utilities, sidewalks, landscaping, lighting, enhanced paving, water quality treatment measures, low impact development features and storm drain facilities 4 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 38. Prior to the recordation of a parcel map, developer shall apply for a demolition permit and all structures crossing existing parcel boundaries shall be removed. 5 6 ^ " 39. Prior to approval of a parcel map, improvement plans or grading plans developer shall submit to g the city engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied. 9 40. Sight distance corridors at all street intersections and driveways in accordance with City 10 Engineering Standards shall be reflected on the parcel map. The property owner shall maintain this condition. 11 " 12 Fees/Agreements 41. Developer shall cause property owner to execute and submit to the city engineer for 13 recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 1^ 42. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 43. Developer shall cause property owner to process, execute and submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management 2y Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management 28 Practices prior to the issuance of a grading permit, building permit or the recordation of a parcel map. 19 44. Prior to approval of any grading or building permits for this project, developer shall cause owner 20 to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping 21 District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. 22 23 24 25 26 46. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall 27 pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. Grading 45. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 28 PC RESO NO. 7045 -16- 1 „ 47. Upon completion of grading, developer shall file an "as-graded" geologic plan with the city 2 engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map 3 which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar 4 drafting film format suitable for a permanent record. ^ 48. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the g discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the 9 above requirements. 10 49. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 11 50. Prior to the issuance of a demolition permit, grading permit or building permit developer shall 12 submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San 13 Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during 1^ construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 15 51. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to YJ demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to 28 new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, 19 pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 20 52. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, 21 landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 22 53. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Interim hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). 25 Dedications/Improvements 2g 54. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and 27 larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 28 PC RESO NO. 7045 -17- 1 „ 55. Developer shall prepare and process public improvement plans and, prior to city engineer 2 approval of said plans, shall execute a city standard subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public 3 improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. Security shall be in posted to the satisfaction of the city 4 engineer. These improvements include, but are not limited to: 24 25 26 A. Olivenhain Municipal Water District water lines, fire hydrants and appurtenances. B. Leucadia Wastewater District sewer lines and manholes. C. City of Carlsbad public street improvements including street light(s), driveway approaches, pedestrian accessibility ramps and signing and re-striping of northbound El Camino Real. 5 6 7 8 Developer shall pay the standard improvement plan check and inspection fees. Improvements 9 listed above shall be constructed within 36 months of approval ofthe subdivision improvement agreement or such other time as provided in said agreement. 10 56. Prior to issuance of building permits, developer shall install sewer services to each unit 11 proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of the Leucadia Wastewater District. 12 57. Developer shall design, and obtain approval from the city engineer, the structural section for 13 the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of 1^ grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 16 27 58. Add the following notes to the final map as non-mapping data: Non-Mapping Notes 28 A. Developer has executed a city standard subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public 19 improvements shown on the site plan. These improvements include, but are not limited to: 20 Olivenhain Municipal Water District water lines, fire hydrants and 21 appurtenances. 2. Leucadia Wastewater District sanitary sewer lines and manholes. 22 3. City of Carlsbad public street improvements: street light(s), driveway approaches, pedestrian accessibility ramps and signing and re-striping of northbound El Camino Real. B. Building permits will not be issued for development of the subject property unless the appropriate agencies determine that sewer and water facilities are available. C. Geotechnical Caution: 27 1. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 28 PC RESO NO. 7045 -18- 1 „ 2. The owner of this property on behalf of itself and all of its successors in interest 2 has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land 3 subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 4 D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted 5 to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 6 ^ E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may g arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the 9 drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other 10 improvements identified in the city approved development plans. 11 Utilities 12 59. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if 13 proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction ofthe Olivenhain Municipal Water District. 14 15 16 60. Developer shall design and construct public facilities within public right-of-way or within easements granted to the Olivenhain Municipal Water District and the Leucadia Wastewater District. YJ 61. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to all public facilities. 18 62. Developer shall comply with the Leucadia Wastewater District Resolutions and Ordinances and 19 with the procedures, planning, design, construction, inspection, and acceptance requirements for sewer outlined in the Standard Specifications and Procedures for Wastewater Facility 20 Projects, prepared for the Leucadia Wastewater Distnct (LWD Standard Spec), April 2013 or latest edition at the time of plan approval. Approval shall be valid for a period of one year 21 following signed approval, beyond which time an updated review and approval is required. Developer shall be responsible for all costs related to complying with these requirements. 22 23 24 25 26 65. Developer shall dedicate and record any required new sewer easements to the Leucadia 27 Wastewater District prior to recordation of Final Map. 63. Developer shall meet with the Leucadia Wastewater District to determine any existing sewer capacity fee credits and/or need to purchase additional sewer capacity. Purchase of required sewer capacity shall be complete prior to issuance of building permits. 64. Connection of drains with potential for surface runoff to sewer are prohibited, including trash enclosure areas. 28 PC RESO NO. 7045 -19- 14 15 68. Developer shall cause execution of Private Sewer Agreements for Multi-Unit Lateral, as required by Leucadia Wastewater District Standard Specifications. 1 „ 66. Developer shall post bonds per an approved estimate of construction cost to Leucadia 2 Wastewater District prior to construction of sewer. 3 67. Developer, Owner, and Tenants shall comply with the Leucadia Wastewater District requirements for Food Establishment for Fats, Oils, and Grease (FOG), including Best 4 Management Practice Agreements, underground grease interceptors, and plumbing requirements. 5 6 ^ " 69. Developer shall protect the existing sewer from debris during construction including the g Leucadia Wastewater District requirements for "plugs and traps." 9 70. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for 10 processing and approval. 11 71. Developer shall install potable water and/or recycled water services and meters at locations approved by Olivenhain Municipal Water District. The locations of said services shall be 12 reflected on public improvement plans. 13 72. The developer shall install sewer laterals and clean-outs at locations approved by the Leucadia Wastewater District. The locations of sewer laterals and cleanouts shall be reflected on public improvement plans. 73 The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the Olivenhain Municipal Water District and the Leucadia Wastewater District. 17 74. The developer shall meet with and obtain approval from the Leucadia Wastewater District 18 regarding sewer infrastructure available or required to serve this project. 19 75. The developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. 20 76. The developer shall meet with and obtain approval from the Olivenhain Municipal Water 21 District regarding recycled water infrastructure available or required to serve this project. 22 Code Reminders: 23 77. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 24 25 26 78. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management fee for Zone 6 as required by Carlsbad Municipal Code Section 21.90.050. 79. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 27 of the Carlsbad Municipal Code. 28 PC RESO NO. 7045 -20- 1,. 80. Developer shall provide the following note on the final map of the subdivision and final mylar of 2 this development submitted to the City: 3 A. The land use designation for this development is Local Shopping Center (L) which has a minimum density of 20 dwelling units per non-constrained acre. The dwelling unit 4 yield is based on 25% of the net acreage. 5 6 7 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Parcels 1-4 were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels 1-4 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code." g 81. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, 9 except as otherwise specifically provided herein. 10 82. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 11 83. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code 12 Section 18.04.320. 13 84. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to 1^ installation of such signs. 85. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. PC RESO NO. 7045 -21- 1 NOTICE TO APPUCANT 2 An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village 3 Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 26 NOTICE 7 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 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. j2 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 23 similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the 14 statute of limitations has previously otherwise expired. 25 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of 16 the City of Carlsbad, California, held on April 16,2014, by the following vote, to wit: 17 AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall and Siekmann 18 " 19 20 21 22 NOES: ABSENT: ABSTAIN: 21 'AA. 23 NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 24 25 ATTEST: QL?L 27 DON NEU City Planner PC RESO NO. 7045 -22-28