HomeMy WebLinkAbout2009-08-18; City Council; 19935 Part 1; La Costa Town SquareCITY OF CARLSBAD - AGENDA BILL 13
19.935AB#
MTG- 08/18/09 L
DEPT. PLN
LA COSTA TOWN SQUARE - EIR 01-02/GPA
01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT
08-03/CT 08-07/CP 01-03/PUD 08-09/HDP 01-
05/SDP 01-04/V 08-02/CUP 04-18/CUP 08-
01/CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-
05/CUP 08-06/CUP 08-07
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. cs-051 APPROVING
Plan Amendment 149(R), and ADOPT Resolution No. 2009-213
Master
CERTIFYING the
Environmental Impact Report EIR 01-02, and ADOPTING the Candidate Findings of Fact, a
Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program
and APPROVING a General Plan Amendment, Local Facilities Management Plan Amendment,
three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development
Permit, Hillside Development Permit, Site Development Plan, Variance and eight Conditional
Use Permits as recommended for approval by the Planning Commission.
ITEM EXPLANATION:
On July 1, 2009 and July 15, 2009, the Planning Commission conducted public hearings for the
La Costa Town Square project. The Planning Commission voted 6-0 (Dominguez abstaining)
to recommend certification of the Environmental Impact Report (EIR 01-02) and adoption of the
Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation
Monitoring and Reporting Program; and approval of the La Costa Master Plan Amendment (MP
149(R), Local Facilities Management Plan Amendment, three Carlsbad Tract Maps,
Condominium Permit, Non-Residential Planned Development Permit, Hillside Development
Permit, Site Development Plan, Variance and eight Conditional Use Permits. The following
table lists the decision-making authority for each of the project applications.
PROJECT APPLICATION(S)
Environmental Review
(Environmental Impact Report)
GPA01-02
MP 149(R)
LFMP87-11(C)
HDP 01 -05
CT 01-09 (Comm)
CT 08-03 (Res)
CT 08-07 (Office)
ADMINISTRATIVE
APPROVALS
PLANNING
COMMISSION
RA
RA
RA
RA
RA
RA
RA
RA
CITY COUNCIL
X
X
X
X
X
X
X
X
DEPARTMENT CONTACT: Van Lynch 760-602-4613 van.lvnch@carlsbadca.gov
FOR CITY CLERKS
COUNCIL ACTION:
USE ONLY.
APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
Dn
CONTINUED TO DATE SPECIFIC */$')£•-m
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES EJt
8/18/09 Introduced Ord. as Amended; and
adopted Resolution 2009-213 as Amended.
Page 2
PROJECT APPLICATION(S)
PUD 08-09 (Comm)
CP 01 -03 (Office)
SDP 01 -03 (Office)
SDP01-04(Comm)
V 08-02
MS 04-08
Various CUPs
ADMINISTRATIVE
APPROVALS
X
PLANNING
COMMISSION
RA
RA
X
RA
RA
RA
CITY COUNCIL
X
X
X
X
X
RA = Recommended Approval
X = Final City decision -making authority
The project site is located in the southeast quadrant of the city within Local Facilities
Management Zone 11. The La Costa Town Square project encompasses 83.07 acres located
northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection. The
project involves the construction and operation of a mixed-use center that includes a 284,400-
square-foot community shopping center, two office buildings totaling approximately 55,000
square feet, 64 single-family detached residential units, and a multifamily residential site with up
to 128 dwelling units, which will require the approval of subsequent discretionary permits.
Seventeen speakers addressed the Planning Commission both in favor and against the project.
Public testimony was closed at the first hearing. Issues were raised related to traffic, water
availability, grading, project lighting, and land use compatibility with the Residential High
Density designated site. City staff, consultants and the project applicant responded to the
public comments at each of the hearings. A full record of the comments and responses to
questions and the comments from the public can be found in the Planning Commission minutes
dated July 1, 2009 and July 15, 2009, in addition to the Response to Comments found in the
EIR dated July 2009.
FISCAL IMPACT:
All required improvements needed to serve this project will be funded by the Developer. A
report entitled "La Costa Town Square, Carlsbad, Economic Impact and Urban Decay
Analysis," dated October 8, 2008 and addendum, February 10, 2009 evaluates the revenue
generated by the project. The report was previously distributed and copies are on file (EIR
appendices) in the Planning Department and at both City Libraries.
ENVIRONMENTAL IMPACT:
An Environmental Impact Report (EIR) was prepared for the project in accordance with the
California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental
Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the
environmental impacts associated with all discretionary applications for the proposed project
including ultimate buildout of the entire project.
On March 27, 2009, the Draft EIR was published and the City notified the Public via mailings
and newspaper publications, interested parties, Responsible and Trustee Agencies, as well as
other interested agencies. The "Notice of Completion" commenced an initial 45 day public
review and comment period initially expiring May 11, 2009 and extended to May 29, 2009. A
z
Page 3
joint letter from California Department of Fish and Game and the U.S. Fish and Wildlife Service
was received and accepted on June 3, 2009. The "Notice of Completion" advised that the Draft
EIR was available for review at four locations: the City of Carlsbad Planning Department; the
City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Public Library. Complete
copies were also available for purchase, with or without the Appendices, through the Planning
Department.
The analysis contained in the EIR concluded that all significant impacts would be mitigated to
below a level of significance with the exception of Traffic/Circulation, air quality (cumulative),
and short term noise impacts which would be considered cumulatively significant and
unmitigable. Direct impacts, also referred to as primary effects, are those caused by the project
and that occur at the same time and place. In contrast, cumulative impacts refer to two or more
individual impacts that, when considered together, are considerable or that compound or
increase other environmental impacts. The cumulative impact of several projects is the change
in the environment that results from the incremental impact of the project when added to other,
closely related past, present, or reasonably foreseeable, probable future projects. The
cumulative impacts all arise from the marginal contribution the proposed project will make,
when combined with the impacts from existing and other future projects, to pre-existing
conditions that fail to meet applicable standards currently.
Under CEQA, before a project which is determined to have significant, unmitigated
environmental effects can be approved, the public agency must consider and adopt a
"statement of overriding considerations" pursuant to CEQA Guidelines 15043 and 15093. As
the primary purpose of CEQA is to fully inform the decision makers and the public as to the
environmental effects of a proposed project and to include feasible mitigation measures and
alternatives to reduce any such adverse effects below a level of significance, CEQA
nonetheless recognizes and authorizes the approval of projects where not all adverse impacts
can be fully lessened or avoided. However, the agency must explain and justify its conclusion
to approve such a project through the statement of overriding considerations setting forth the
Proposed Project's general social, economic, policy or other public benefits which support the
agency's informed conclusion to approve the project. The CEQA Findings of Fact and
Statement of Overriding Considerations are attached to Planning Commission Resolution No.
6577 for the EIR.
EXHIBITS:
1. City Council Ordinance No. CS-051
2. City Council Resolution No. 2009-213
3. Location Map
4. Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584,
6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 (On File clerks
5. Planning Commission Staff Report, dated July 1, 2009 and July 15, 2009 (without office;
resolutions) (On File Clerk's Office)
6. Planning Commission Minutes, dated July 1, 2009 and July 15, 2009 (On File clerk's office)
7. Final EIR for the La Costa Town Square, dated July 1, 2009 (previously distributed; copy
on file in the Planning Department)
8. La Costa Master Plan (previously distributed; copy on file in the Planning Department)
9. Zone 11 Local Facilities Management Plan and constraints exhibit, July 1, 2009
(previously distributed; copy on file in the Planning Department).
1 ORDINANCE NO. CS -051
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN
AMENDMENT TO THE LA COSTA MASTER PLAN TO
CHANGE THE LAND USE AND UNDERLYING ZONING
FROM LOCAL SHOPPING CENTER AND OFFICE TO
RESIDENTIAL MEDIUM AND OPEN SPACE ON 9.96
ACRES OF LAND, REDUCE THE ACREAGE OF OFFICE
USE REQUIRED, REDISTRIBUTE LOCAL SHOPPING
b CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM LAND,
7 AND OPEN SPACE USES AND DESIGNATIONS TO
REFLECT THE PROJECT DESIGN, MAKE ASSOCIATED
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TEXT CHANGES, AND AMEND BUILDING HEIGHT AND
SIGN PROVISIONS TO THE LA COSTA MASTER PLAN
GENERALLY LOCATED NORTHERLY AND EASTERLY
OF THE LA COSTA AVENUE AND RANCHO SANTA FE
ROAD INTERSECTION IN THE SOUTHEAST
QUADRANT OF THE CITY IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
CASE NO.: MP 149(R)
WHEREAS, the City Council of the City of Carlsbad, California, has
reviewed and considered a Master Plan to guide the development of Commercial, Office
15 and Residential development for properties located within the La Costa Master Plan area
1 fi so that these uses will be regulated by the proposed Master Plan revision 149(R), and
WHEREAS, the City Council did hold hearings on August 11, 2009 and
18 August 18, 2009, which were duly noticed public hearings as prescribed by law to
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consider this request; and
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WHEREAS, said application constitutes a request for a Master Plan
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Amendment pursuant to Chapter 21.38 of the Carlsbad Municipal Code as shown on
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Exhibit "MP 149(R)," which is incorporated herein by reference.
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NOW, THEREFORE, the City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION I: That Master Plan MP 149(R), on file in the Planning
Department, and incorporated herein by reference, is adopted. The La Costa Master
Plan (MP 149(R)) shall constitute the development plan for the property and all
development within the plan area shall conform to the plan. Notwithstanding anything in
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the plan or in the findings of the Planning Commission to the contrary, to the extent
permitted by all applicable laws, owner shall include in its conditions, covenants and
restrictions (CC&R's) (a) a prohibition on entering into a lease with any tenant which
4 requires more than 100,000 square feet, allocates more than 10% of the floor space to
non-taxable items or offers more than 30,000 separate stock-keeping units or such other
6 lesser amount as typically offered by big-box retailers; and (b) prior to the execution of
any such lease described above, the matter shall be returned to the City Council for
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consideration of an amendment to this condition. In addition the portion of the parcel
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designated RM (the area bounded by the abandoned Rancho Santa Fe Road to the
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west, the existing residential development designated RLM to the east, the existing
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Rancho Santa Fe Road to the south) shall be limited to single family detached homes.
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SECTION II: Except as provided above, the findings and conditions of the
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Planning Commission in Planning Commission Resolution No. 6579 shall also constitute
. the findings and conditions of the City Council.
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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 in the City of Carlsbad
within fifteen days after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
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City Council on the 18th day of August, 2009, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the
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City of Carlsbad on the day of 2009, by the following vote,
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to wit:
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AYES:
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NOES:
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ABSENT:13
ABSTAIN:14
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16 APPROVED AS TO FORM AND LEGALITY
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18 RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor
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ATTEST:
LORRAINE M. WOOD, City Clerk
25 (SEAL)
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1 RESOLUTION NO. 2009-213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT 01-02, ADOPTING THE CANDIDATE FINDINGS
OF FACT, THE STATEMENT OF OVERRIDING
CONSIDERATIONS AND THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING A GENERAL PLAN
5 AMENDMENT (GPA 01-02) TO AMEND THE LAND USE AND
OPEN SPACE AND CONSERVATION ELEMENTS OF THEb GENERAL PLAN, A LOCAL FACILITIES MANAGEMENT PLAN
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AMENDMENT 87-11(C), CARLSBAD TRACT MAP 01-09,
CARLSBAD TRACT MAP 08-03, CARLSBAD TRACT MAP 08-07,
CONDOMINIUM PERMIT 01-03, NON-RESIDENTIAL PLANNED
DEVELOPMENT PERMIT 08-09, HILLSIDE DEVELOPMENT
PERMIT 01-05, SITE DEVELOPMENT PLAN 01-04, VARIANCE
08-02, CONDITIONAL USE PERMIT 04-18, CONDITIONAL USE
PERMIT 08-01, CONDITIONAL USE PERMIT 08-02,
CONDITIONAL USE PERMIT 08-03, CONDITIONAL USE PERMIT
08-04, CONDITIONAL USE PERMIT 08-05, CONDITIONAL USE
PERMIT 08-06, AND CONDITIONAL USE PERMIT 08-07 FOR
THE LA COSTA TOWN SQUARE PROJECT GENERALLY
LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA
AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN
THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
15 CASE NO.: EIR 01-02/GPA 01-02/LFMP 87-11(C)/CT 01-
09/CT 08-03/CT 08-07/CP 01-03/PUD 08-
° 09/HDP 01-05/SDP 01-04/V 08-02/CUP 04-
17 18/CUP 08-01/CUP 08-02/CUP 08-
03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07
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The City Council of the City of Carlsbad, California does hereby resolve as follows:
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WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
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Commission did, on July 1, 2009 and July 15, 2009, hold duly noticed public hearings as
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prescribed by law to consider a proposed Environmental Impact Report EIR 01-02,
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General Plan Amendment 01-02, Local Facilities Management Plan Amendment 87-23
11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07,
Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside
26 Development Permit 01-05, Site Development Plan 01-04, Variance 08-02, Conditional
Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02,
Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-
05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07; and adopted
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4 CT 08-07, CP 01-03, PUD 08-09, HDP 01-05, SDP 01-04, V 08-02, CUP 04-18, CUP 08-
5 01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07
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Planning Commission Resolutions Number 6577, 6578, 6580, 6581, 6582, 6583, 6584,
6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597
recommending approval of EIR 01-02, GPA 01-02, LFMP 87-11(C), CT 01-09, CT 08-03,
respectively; and
WHEREAS, the City Council of the City of Carlsbad, did hold duly noticed public
hearings on August 11, 2009 and August 18, 2009, and heard and received the staff
report including those set forth on the Errata sheet dated August 11, 2009 from Senior
Planner Van Lynch to the City Council, the testimony of the applicant and all persons
interested or opposed to the EIR 01-02, GPA 01-02, LFMP 87-11(C), CT 01-09, CT 08-03,
CT 08-07, CP 01-03, PUD 08-09, HDP 01-05, SDP 01-04, V 08-02, CUP 04-18, CUP 08-
01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07 and
carefully considered in its deliberations all such testimony, evidence, arguments and
documents; and
WHEREAS, an Environmental Impact Report was prepared and submitted to the
State Clearing House and a Notice of Completion filed, published, and mailed to
responsible agencies and interested parties providing a 45 day review period. All
comments received from that review period are contained in the Final program EIR as well
as the response to comments; and
WHEREAS, the Planning Commission and the City Council considered a range of
land use designations for this parcel including making no changes or making changes
ranging from residential low (RL) to residential high (RH); and
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WHEREAS, the designation of RM by the City Council is not a substantial change
26 from the General Plan land use designation recommended by the Planning Commission;
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WHEREAS, it is not necessary to remand this matter back to the Planning
Commission because those designations had been previously reviewed and considered
by the Planning Commission and there were no substantial changes as determined by the
4 City Council; and
c WHEREAS, after careful consideration the City Council determined to designate
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that portion of the property recommended as RH and bounded by the abandoned Rancho
Santa Fe Road to the west, the existing residential development designated RLM to the
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east, the existing Rancho Santa Fe Road to the south as residential medium (RM); and
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WHEREAS, the developer submitted a refined project analysis in its letter of
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August 13, 2009; and
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WHEREAS, the refined project will not have any adverse environmental impacts
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not previously considered in the proposed environmental impact report as more fully
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explained in the memorandum of August 13, 2009 to Ronald R. Ball, City Attorney and as
made part of the record.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Environmental Impact Report (EIR 01-02) for the La Costa Town
Square project is certified and that the Candidate Findings of Fact, Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program are
adopted and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolution Number 6577, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
3. That the recommendation of the Planning Commission, except as modified
herein, for the approval of the General Plan Amendment 01-02, Local Facilities
Management Plan Amendment 87-11 (C), Carlsbad Tract 01-09, Carlsbad Tract Map 08-
03, Carlsbad Tract 08-07, Condominium Permit 01-03, Non-Residential Planned
Development Permit 01-04, Hillside Development Permit 01-05, Site Development Plan
01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01,
Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-
04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use
Permit 08-07 is approved and that the findings and conditions of the Planning Commission
contained in Planning Commission Resolutions No. 6578, 6580, 6581, 6582, 6583, 6584,
6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 on file with
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the City Clerk and incorporated herein by reference, are the findings and conditions of the
City Council with the addition of the following condition:
To the extent permitted by all applicable laws, Owner shall include in its CC&Rs a
prohibition on entering into a lease with any tenant which requires more than
100,000 square feet, allocates more than 10% of the floor space to non-taxable
4 items or offers more than 30,000 separate stock-keeping units or such other lesser
amount as typically offered by big box retailers; and (b) prior to the execution of
any such lease described above, the matter shall be returned to the City Council
6 for consideration of an amendment of this condition.
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1 9 6. That the staff is directed to amend all appropriate documents and maps to
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4. That the project site by itself will provide the normal services to meet the
everyday needs of the local neighborhood in keeping with the intent and purpose of the
Local Shopping Center Zone (C-L) and the Local Shopping Center General Plan Land
Use designation. The range of goods shall not include a big-box component as
conditioned in Ordinance No. CS-051.
5. That the alignment and grading for Rancho Santa Fe Road, a Circulation
Element roadway, was an environmentally preferred location pursuant to EIR 91-01
certified on June 2,1992, that impacts the project site as identified in HDP 01-05.
make them consistent with the Council's intent in approving the General Plan Amendment
and underlying rezoning.
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7. This action is final the date this resolution is adopted by the City Council.
15 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
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"NOTICE TO APPLICANT"
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The time within which judicial review of this decision must be sought
18 is governed by Code of Civil Procedure, Section 1094.6, which has
been made applicable in the City of Carlsbad by Carlsbad Municipal
Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the nineteenth
day following the date on which this decision becomes final;
however, if within ten days after the decision becomes final a
request for the record of the deposit in an amount sufficient to cover
22 the estimated cost or preparation of such record, the time within
which such petition may be filed in court is extended to not later
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than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record,
if he has one. A written request for the preparation of the record of
the proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, CA 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of August, 2009, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE^. WOOtl.Jpity C'lerk
Jl«\s
<J
(SEAL)
EXHIBIT 3
NOT TO SCALE
SITEMAP
La Costa Town Square
EIR 01-02 / GPA01-02 / MP 149(R) / LFMP 87-11(C) / CT 01-09 / CT 08-03 /
CT 08-07 / CP 01-03 / PUD 08-09 / HDP 01-05 / SDP 01-04 / V 08-02 /
CUP 04-18 / CUP 08-01 / CUP 08-02 / CUP 08-03 / CUP 08-04 / CUP 08-05 /
CUP 08-06 / CUP 08-07
EXHIBIT 4
1 PLANNING COMMISSION RESOLUTION NO. 6577
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROJECT ENVIRONMENTAL
4 IMPACT REPORT, EIR 01-02, FOR LA COSTA TOWN
SQUARE, AND RECOMMENDING ADOPTION OF THE
CANDIDATE FINDINGS OF FACT, A STATEMENT OF
6 OVERRIDING CONSIDERATIONS, AND A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE
7 DEVELOPMENT OF A 83.07 ACRE SITE WITH A 284,400
SQUARE FOOT COMMUNITY SHOPPING CENTER, 55,000
8 SQUARE FOOT OFFICE PROJECT, 64 SINGLE FAMILY LOT
o SUBDIVISION, AND A MULTI-FAMILY RESIDENTIAL SITE
ALL LOCATED NORTHERLY AND EASTERLY OF THE LA
10 COSTA AVENUE AND RANCHO SANTA FE ROAD
INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
11 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
12 CASE NO.: EIR 01-02
13 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
,f A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
17 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
18 Carlsbad, County of San Diego, State of California
19 ("the Property"); and
20 WHEREAS, a Project Environmental Impact Report (EIR 01-02) was
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prepared in conjunction with said project; and
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WHEREAS, the Planning Commission did on July 1, 2009 and July 15, 2009,
24 hold a duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
*** and arguments, examining the Project EIR, Candidate Findings of Fact, Statement of
27 Overriding Considerations, and Mitigation Monitoring and Reporting Program, analyzing
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the information submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Project EIR.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission as follows:
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A) That the foregoing recitations are true and correct.
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, B) That the Final Project Environmental Impact Report consists of the Final Project
Environmental Impact Report, EIR 01-02, dated July 1, 2009, appendices,
5 written comments and responses to comments, as amended to include the
comments and documents of those testifying at the public hearing and responses
7 thereto is hereby found to be in good faith and reason by incorporating a copy of
the minutes of said public hearing into the report, all on file in the Planning
Department incorporated by this reference, and collectively referred to as
9 the "Report."
10 C) That the Environmental Impact Report, EIR 01-02, as so amended and evaluated
is recommended for acceptance and certification as the final Environmental
11 Impact Report and that the final Environmental Impact Report as recommended is
adequate and provides reasonable information on the project and all reasonable
and feasible alternatives thereto, including no project.
13 D) That based on the evidence presented at the public hearing, the Planning
14 Commission hereby RECOMMENDS CERTIFICATION of the Environmental
Impact Report, EIR 01-02; RECOMMENDS ADOPTION of the Candidate
Findings of Fact ("CEQA Findings"), and the Statement of Overriding
,,. Considerations ("Statement"), attached hereto marked as "Exhibit A" and
incorporated by this reference; and of the Mitigation Monitoring and
17 Reporting Program ("Program"), attached hereto marked as "Exhibit B"
and incorporated by this reference; based on the following findings and subject
18 to the following conditions.
19 Findings:
20 The Planning Commission of the City of Carlsbad does hereby find that the Final
21 Project EIR 01-02, the Candidate Findings of Fact, the Mitigation Monitoring and
Reporting Program, and the Statement of Overriding Considerations have been prepared
22 in accordance with requirements of the California Environmental Quality Act, the State
EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
24 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and
considered Final Project EIR 01-02, the environmental impacts therein identified for
25 this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") and the
Statement of Overriding Considerations attached hereto as "Exhibit A," and the
2" Mitigation Monitoring and Reporting Program ("Program") attached hereto as "Exhibit
27 B," prior to RECOMMENDING APPROVAL of this project.
28 3. The Planning Commission finds that Final EIR 01-02 reflects the independent
judgment of the City of Carlsbad Planning Commission.
PC RESO NO. 6577 -2-
4. The Planning Commission does accept as its own, incorporate as if set forth in full
2 herein, and make each and every one of the findings contained in the CEQA Findings
("Exhibit A"), including feasibility of mitigation measures pursuant to Public Resources
3 Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives.
5. The Planning Commission hereby finds that the Program ("Exhibit B") is designed to
<- ensure that during project implementation, the Developer and any other responsible
parties implement the project components and comply with the feasible mitigation
5 measures identified in the CEQA Findings and the Program.
7 6. Although certain significant or potentially significant environmental effects caused by the
project will remain, even after the adoption of all feasible mitigation measures and any
feasible alternatives, there are specific economic, social and other considerations that
o render the unavoidable significant adverse environmental effects acceptable, as set forth
in the Statement.
10
The Record of Proceedings for this project consists of The Report, CEQA Findings,
11 Statement and Program; all reports, applications, memoranda, maps, letters and
other planning documents prepared by the planning consultant, the environmental
consultant, and the City of Carlsbad that are before the decision makers as
13 determined by the City Clerk; all documents submitted by members of the public
and public agencies in connection with the Project EIR; minutes of all public
14 meetings and public hearings; and matters of common knowledge to the City of
Carlsbad which they may consider, including but not limited to, the Carlsbad
General Plan, Carlsbad Zoning Ordinance, La Costa Master Plan, and Local
, f Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in
the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director
17 of Planning.
18 Conditions:
19 1. All future developers shall implement the mitigation measures described in "Exhibit
20 B," the Mitigation Monitoring and Reporting Program, for the mitigation measures
and monitoring programs applicable to development of La Costa Town Square.
21 "
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PC RESO NO. 6577 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONTGOMERY, fOTirperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6577 -4-
Exhibit A
Candidate Findings La Costa Town Square General Plan Amendment
Candidate Findings and Statement of Overriding Considerations
Regarding the Final Environmental Impact Report
For the La Costa Town Square Project
INTRODUCTION
The City of Carlsbad (City) proposes to approve the following development
plans for the La Costa Town Square project:
• General Plan Amendment
» Master Plan Amendment
• Local Facilities Management Plan Zone 11 Amendment
• Master Tentative Parcel Map
• Commercial, Office, and Residential Tentative Maps
• Planned Development Permits
• Site Development Plan
» Conditional Use Permits
• Hillside Development Permit
• Variance
• Participation in the Implementation of the Habitat Conservation Plan
(HCP)/On-going Multi-Species Plan (OMSP)
The project involves the construction and operation of a mixed-use center that
includes an approximately 284,400-square-foot community shopping center,
two office buildings totaling approximately 55,000 square feet, 64 single-family
detached residential units, and a future multifamily residential site to be
developed at a later date with approximately 128 condominium homes. The
project site encompasses approximately 83 acres. The Draft Environmental
Impact Report (Draft EIR) identified significant and unavoidable project impacts
to Transportation/Circulation, Air Quality, Noise, and Global Climate Change.
The California Environmental Quality Act of 1970 (CEQA) (Public Resources
Code Section 21000 ef seq.) and the State CEQA Guidelines (California
Administrative Code Section 15000 ef seq., as amended) provide that:
[NJo public agency shall approve or carry out a project for which an
environmental impact report has been certified which identifies one or more
Candidate Findings La Costa Town Square General Plan Amendment
significant effects on the environment that would occur if the project is
approved or carried out unless both of the following occur:
(a) The public agency makes one or more of the following findings with
respect to each significant effect:
(1) Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid the
significant effects on the environment.
(2) Those changes or alterations are within the responsibility and
jurisdiction of another public agency and have been, or can
and should be, adopted by that other agency.
(3) Specific economic, legal, social, technological, other
considerations, including considerations for the provision of
employment opportunities for highly trained workers, make
infeasible the mitigation measures or alternatives identified in
the environmental impact report.
(b) With respect to significant effects which were subject to a finding
under paragraph (3) of subdivision (a), the public agency finds that
specific overriding economic, legal, social, technological, or other
benefits of the project outweigh the significant effects on the
environment. [Public Resources Code §21081]
Candidate Findings La Costa Town Square General Plan Amendment
Section 1
California Environmental Quality Act Findings
FINDINGS
The City Council has reviewed the Draft EIR for the La Costa Town Square
project including the Appendices, comments from public agencies and
individuals, and the responses to each comment that were prepared by the
City Planning Department.
The City Council conducted a public hearing during a regular meeting of the
Council on _ 2009], which was duly noticed in accordance with City
requirements for public hearings on land use matters; and received a report
from the Planning Department, including the recommendations of the City
Planning Commission, and received public testimony on the project and the
Draft EIR.
The Draft EIR identified significant effects that may occur as a result of the
project. In accordance with Public Resources Code §21081 and the State CEQA
Guidelines §15091, the City Council hereby adopts these findings regarding the
significant effects of the proposed project.
(1) Changes or alterations have been required in, or incorporated into, the
project that mitigate or avoid the significant effects on the environment as
identified in the Draft EIR (SCH No. 2003041159) as described below
relative to Land Use and Planning, Transportation/Circulation,
Paleontological Resources, Biological Resources, Hydrology/Water
Quality, Geology and Soils, Hazards, Visual Aesthetics/Grading, and
Public Services and Utilities.
A. LAND USE AND PLANNING
Less than Significant Effect A-1
The close proximity of the proposed commercial, office, and single-family
residential land uses could result in onsite land use incompatibility from noise and
visual impacts to the residential properties.
n
Candidate Findings La Costa Town Square General Plan Amendment
Facts in Support of Finding (1)
Figure 3.0-2 of the Draft EIR shows that the proposed project would create a
landscaped open space buffer to separate the commercial and office land
uses from the proposed single-family residential properties. As a result, noise and
any visual impacts associated with the commercial uses closest to the single-
family homes would be minimal. Therefore, the proposed design of the project
has incorporated measures to avoid an onsite land use impact.
Less than Significant Effect A-2
Existing residential land uses are located to the northwest and south of the
proposed commercial and office land uses; and existing single-family residential
homes are located adjacent to the east of the proposed multifamily residential
parcel. The project may be incompatible with these established offsite
residential communities.
Facts in Support of Finding (1)
As shown in Figure 3.0-2 of the Draft EIR, the proposed commercial site would be
graded to be below the elevation of Rancho Santa Fe Road. The separation
provided by Rancho Santa Fe Road and the proposed lower elevation of the
commercial site would avoid land use impacts to offsite residential properties
located to the northwest. Existing single-family and multifamily residential land uses
located to the south would be separated from the proposed commercial and
office sites by La Costa Avenue, are located at lower elevations than the project
site, and have walls and/or landscaped setbacks from La Costa Avenue. In
addition, as shown in Figure 3.0-2 of the Draft EIR, the proposed commercial and
office sites would each be limited to one driveway access from La Costa Avenue
and would maintain a minimum 50-foot-wide landscaped setback to the nearest
commercial or office building. The proposed department store site would be set
back approximately 180 feet from La Costa Avenue.
There is also an existing single-family residential development with mostly two-
story residences located on the east side of the proposed multifamily residential
site. The project proposes a 50-foot-wide open space buffer with landscaping
and pedestrian/bicycle paths to separate the proposed multifamily residential
Candidate Findings La Costa Town Square General Plan Amendment
uses and existing single-family residences. The physical scale and massing of the
multifamily buildings would be of greater intensity than the adjacent single-
family homes and the height limit in the multifamily zone is 5 feet greater than in
the single-family zone. However, the characteristics of land use activities of
multifamily living are similar to and not incompatible with the land use activities
of single-family living conditions. In addition, approval of the current project
would establish only the allowed land use and maximum density for the
multifamily parcel. Processing of a Site Development Plan or a Tract Map and
Residential Planned Development Permit, would be subject to discretionary
review and public hearings by the Planning Commission and City Council, at
which issues of density and design would be addressed.
Less than Significant Effect A-3
The proposed project would not result in an incompatibility with existing land use
plans, policies, and regulations.
Facts in Support of Finding fl)
The existing General Plan designations would be modified to accommodate the
proposed project, as follows: The existing (O), Open Space Office (OS), and Low-
Medium Density Residential (RLM) designation located north of Rancho Santa Fe
Road would be redesignated to Residential High Density (RH) to accommodate
the proposed density of 128 future multifamily units on Parcel 1 under the
proposed project; the northerly portion of proposed Parcel 2 of the proposed
project would be changed from the O designation to Local Shopping Center (L),
consistent with the existing L designation on the balance of Parcel 2; the existing L
designation north of the intersection of Rancho Santa Fe Road and Calle Timiteo
would be redesignated O over proposed Parcel 3; the existing RLM designation
would be retained on Parcel 4, the proposed single-family site, and a portion of
the existing L designation on Parcel 4 would be changed to RLM; and the existing
OS designation would be altered to correspond to the open space proposed
between parcels 2 and 4. These alterations of existing urban and open space
designations would not substantially alter land use intensity in the project area and
would maintain an open space corridor connecting La Costa Avenue with
Rancho Santa Fe Road. Amendments to the General Plan, the La Costa Master
Plan, and corresponding zoning per the LFMP would maintain consistency
Candidate Findings La Costa Town Square General Plan Amendment
between these City land use plans, policies, and objectives and would avoid
significant Land Use and Planning impacts.
B. TRANSPORTATION/CIRCULATION
Significant Effect B-1
Traffic from the project will worsen LOS F conditions during the PM peak hour at
the intersection of Rancho Santa Fe Road and San Marcos Boulevard in years
2010 and 2030.
Facts in Support of Finding (1)
Mitigation Measure T-1 would require that the developer pay the project's fair
share contribution for improvements at the intersection of Rancho Santa Fe
Road and San Marcos Boulevard in the City of San Marcos. The estimated fair
share contribution is $24,840.00, which is based on 2.3% of the estimated total
improvement cost of $1,080,000.00.
&C. NOISE
Significant Effect &C-1
The proposed project includes commercial loading docks within the retail center
that may result in noise from delivery truck idling and use of fork lifts and may
impact existing or proposed residences would located as close as approximately
110 feet to the nearest loading dock.
Facts in Support of Finding H)
Mitigation Measure N-3 would require that minimum 12-foot-high sound walls
shall be constructed by the applicant along the loading dock areas at
Commercial Buildings 15, 18, and 21.
Candidate Findings La Costa Town Square General Plan Amendment
Significant Effect &C-2
A small outdoor gathering area is proposed to be used for events such as small
summer jazz concerts and Christmas caroling. Although amplified speakers would
not be used, the outdoor activities could be annoying to some residents during
the nighttime hours.
Facts in Support of Finding f?)
Mitigation Measure N-4 would require that the outdoor gathering area not be
used for events between the hours of 10:00 p.m. to 7:00 a.m.
Significant Effect &C-3
Heating and air conditioning equipment mounted on roofs or at the ground
level of the commercial buildings may generate noise levels of approximately 45
to 55 dB at a distance of 50 feet. Existing and proposed residential units nearest
to the commercial buildings could be impacted by noise from this heating and
air conditioning equipment.
Facts in Support of Finding H)
Mitigation Measure N-5 would require that when mechanical equipment plans
are prepared, the plans shall be evaluated for the buildings on Commercial
Pads 15 through 18 and 21 to ensure that outdoor mechanical equipment noise
would not exceed 60 dB CNEL at the proposed adjacent residences.
Significant Effect &C-4
Traffic volumes on Rancho Santa Fe Road may generate noise exceeding the
City's threshold for residential use of 60 dB CNEL at the rear lot lines of the
project's proposed single-family residential area.
Facts in Support of Finding (1)
Mitigation Measure N-6 would require that a 5- to 8-foot-high noise barrier shall
be constructed by the developer at the top of the slope along a portion of
t.
Candidate Findings La Costa Town Square General Plan Amendment
Rancho Santa Fe Road. The materials used in the construction of the barrier are
required to have a minimum surface density of 3.5 pounds per-square-foot and
may consist of earthen berms, masonry material, tempered glass, or a
combination of these materials. The barrier shall not have any openings or
cracks. An interior noise study will also be required for second-story units on Lots
34 through 48.
GD. PALEONTOLOGICAL RESOURCES
Significant Effect €D-1
Based on the proven paleontological resource value of the Eocene-age
sedimentary rocks (undifferentiated Friars formations), the mass excavation of the
commercial portion of the project site has the potential to impact paleontological
resources.
Facts in Support of Finding (7)
Mitigation Measure P-l would require that the developer comply with all
recommendations stated in the Paleontological Resource Assessment prepared
for the project site by providing monitoring during grading of the site and with the
authority to halt grading to recover fossils. In addition to salvage, Mitigation
Measure P-l would require cleaning and cataloging of the recovered fossils and
donation to a scientific institution with a permanent paleontological collection.
These requirements to salvage paleontological resources from the project site
would reduce any project impacts to a level less than significant.
BE. BIOLOGICAL RESOURCES
Significant Effect PE-1
Implementation of the proposed project would occur within an area
designated for development and is allowed to result in 100 percent impact to
biological resources in accordance with guidelines set forth in the HCP/OMSP.
Accordingly, the project would cause the onsite removal of all sensitive
vegetation communities consisting of approximately 17.4 acres of Diegan
coastal sage scrub and disturbed coastal sage scrub, 5.6 acres of native
grassland, 27.3 acres of nonnative grassland, 0.2 acre of riparian scrub, and 0.3
Candidate Findings La Costa Town Square General Plan Amendment
acre of disturbed wetland.
Facts in Support of Finding H)
Mitigation Measure B-l requires salvage of onsite sensitive plant species within
the sensitive vegetation communities. Bulbs of these sensitive plant species,
which consist of thread-leaved brodiaea and Orcutt's brodiaea, and the
potential presence of San Diego thornmint, would be relocated from the site to
suitable habitat in an offsite open space preserve in accordance with an open
space acquisition and restoration plan, which shall include a 5-year
maintenance and monitoring program to ensure survival. These requirements,
together with implementation of the HCP/OMSP would reduce potential
impacts to sensitive vegetation communities to a level of less than significant.
Significant Effect PE-2
Sensitive plant species that would be impacted by the proposed development
are thread-leaved brodiaea and Orcutt's brodiaea; and San Diego thornmint
would be potentially impacted. Impacts to the following sensitive or noteworthy
plant species would also be considered significant: California adolphia,
southwestern spiny rush, Palmer's grappling hook, western dichondra, and small-
flowered microseris.
Facts in Support of Finding H)
The impact associated with thread-leaved brodiaea and Orcutt's brodiaea,
and potentially San Diego thornmint, would be partially mitigated by the open
space dedication of the Rancheros/Southeast II component of the HCP/OMSP
for Properties in the Southeast Quadrant of the City of Carlsbad. Mitigation
Measure B-l for onsite occurrence of sensitive plant species would require
relocation of bulbs from the site to suitable habitat in an open space preserve in
accordance with an open space acquisition and restoration plan, which shall
include a 5-year maintenance and monitoring program to ensure survival. The
impacts to other sensitive species listed in Table 5.6-2 of the Draft EIR with a
potential to occur onsite would be considered significant but are mitigated
under the HCP/OMSP. The requirements of Mitigation Measure B-l would further
Candidate Findings La Costa Town Square General Plan Amendment
reduce potential impacts to sensitive plant species to a level of less than
significant.
Significant Effect SE-3
The following eight sensitive wildlife species are expected to be indirectly
impacted by development of the project site: coastal California gnatcatcher,
white-tailed kite, yellow-breasted chat, California horned lark, loggerhead
shrike, southern California rufous-crowned sparrow, western spadefoot, and
Belding's orange-throated whiptail. Cooper's hawks or other native or migratory
raptors may also nest within the project site.
Facts in Support of Finding (I)
These wildlife species are included in the list of covered species under the
HCP/OMSP and the project impact would be partially mitigate'd by the open
space dedication of the Rancheros/Southeast II component of the HCP/OMSP.
Implementation of Mitigation Measure B-2 would provide additional mitigation
by prohibiting clearing and grading operations during the period of January 15
to July 31 unless a preconstruction survey by a qualified-biologist determines that
no active nests are present. Impacts to other potentially occurring sensitive
species listed in Table 5.6-3 of the Draft EIR are mitigated under the HCP/OMSP.
In addition, removal of any trees occupied by an active raptor nest must be
avoided until after the nesting season (July 15). A 200-foot buffer surrounding
any active raptor nest shall also be established where no clearing activities shall
be allowed until the nesting season is completed. These requirements would
reduce potential impacts to sensitive wildlife species to a level of less than
significant.
Significant Effect SE-4
Development of the project site would remove all identified onsite jurisdictional
water and wetlands, a total of 0.59 acre as shown in Table 5.6-6 of the Draft EIR.
This impact is not covered by the HCP/OMSP and will require additional mitigation.
10
Candidate Findings La Costa Town Square General Plan Amendment
Facts in Support of Finding (1}
Implementation of Mitigation Measure B-3 would require mitigation at a 1:1 ratio
for impacts to 0.23 acre of ephemeral drainages and 0.15 acre of a man-made
water quality basin; and mitigation at a 3:1 ratio for impacts to 0.21 acre of
riparian habitat/wetland. The mitigation is required to be accomplished by
creation and restoration/enhancement actions through preparation and
implementation of a restoration plan or by contribution to an approved
mitigation bank. Accomplishment of the required mitigation measure is required
prior to the issuance of a grading permit or any disturbance to onsite
jurisdictional water and wetlands. These requirements would reduce potential
impacts to jurisdictional water and wetlands to a level of less than significant.
Significant Effect SE-5
The indirect effects from establishment of urban uses in the northeast portion of
the project site may indirectly impact biological resources within a portion of the
HCP/OMSP preserve area located to the east of the project site as shown in
Figure 5.6-4 of the Draft EIR. These indirect impacts would include increased
human activity, increased ambient noise, higher unnatural nighttime light levels,
increased threat of road kill by traffic, spread of invasive plant species into
surrounding areas, and increased levels of scavengers attracted by trash on the
project site.
Facts in Support of Finding (?)
Implementation of Mitigation Measure B-4 would require control of trash during
construction, which, if not controlled, could attract scavengers that prey on
sensitive wildlife. Mitigation Measure B-5 would require that the developer
provide all homebuyers with a list of invasive plant species that shall not be used
in landscaping and that shall be identified in the Covenants, Conditions, and
Restrictions (CC&Rs) of the homeowners association as plants to be prohibited in
landscaping. Mitigation Measure B-6 would require development of a public
information program in cooperation with the City to provide a brochure for
distribution to homeowners and the homeowners associations that describes the
natural resources and prohibited activities within the HCP/OMSP conserved
habitat; and landscaping and fuel break planting brochure for homeowners
11
Candidate Findings La Costa Town Square General Plan Amendment
and homeowner associations adjacent to conserved habitat. These mitigation
measures will reduce the indirect impacts to biological resources to a level of
less than significant.
if. HYDROLOGY/WATER QUALITY
Significant Effect €F-1
The use of these water trucks for dust suppression during grading for the proposed
project increases the potential for silt to exit the project site and enter the Encinitas
Creek watershed. Increased erosion may also occur from construction activities
that modify or fill and reroute existing drainage patterns. Therefore, the proposed
project has the potential to result in significant adverse impacts related to erosion
and siltation and to contribute to the increased impairment of Encinitas Creek, a
California Section 303(d)-listed waterbody.
Facts in Support of Finding (1)
Mitigation Measures WQ-1 and WQ-2 will require that a Storm Water Pollution
Prevention Program (SWPPP) be approved by the City Engineering Department
prior to issuance of a grading permit for the project. The SWPPP will be required
to demonstrate that pollutants will be controlled through compliance with the
City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), General
Construction Stormwater Permit (Order No. 99-08, National Pollutant Discharge
Elimination System [NPDES] CAS000002), and the General Municipal Stormwater
Permit (Order No. R9-2007-0001, NPDES CAS0108758). Implementation of these
mitigation measures will reduce the potential impacts from erosion and siltation
contributing to increased impairment of Encinitas Creek, to a level of less than
significant.
Significant Effect iF-2
Construction and post-construction conditions of the project site would have the
potential to produce the following pollutants: sediments, nutrients, metals,
organic compounds, trash and debris, oxygen demanding substances, oil and
grease, bacteria and viruses, and pesticides. These pollutants potentially
generated on the project site may adversely affect water quality.
12
Candidate Findings _ La Costa Town Square General Plan Amendment
Facts in Support of Finding H)
The proposed project has prepared a Storm Water Management Plan (SWMP)
that defines in detail the post-construction best management practices (BMPs) to
be implemented for the proposed project. The SWMP provides all information as
required by the City of Carlsbad SUSMP and incorporates the current BMPs using
Best Available Technologies/Best Conventional Technologies (BAT/BCT) available
at this time for pollution and erosion/sediment control, as referenced in the
California Storm Water Best Management Practices Handbook for Construction,
New Development and Redevelopment.
As stated above and in accordance with Mitigation Measures WQ-1 and WQ-2,
the proposed project will comply with all requirements of State Water Resource
Control Board (SWRCB) Order No. R9-2007-0001 (NPDES Permit No. CAS0108758),
Order 99-08 (General Construction Permit CAS000002), and any other applicable
NPDES order. In accordance with such permits, a SWPPP and a Monitoring
Program Plan shall be developed prior to issuance of grading permits, and an NOI
shall be filed with the SWRCB, meeting all regulatory standards. In addition,
Mitigation Measure WQ-3 would require all sales or leases to include, through
CC&Rs, language to enforce proper removal of toxic and hazardous waste
products, agreements not to discharge toxic chemicals or fluids into any street or
storm drain system, adherence to all laws for use of chemical landscaping
treatments, and BMPs to reduce surface pollutants. Implementation of Mitigation
Measures WQ-1 , WQ-2, WQ-3, and the specific requirements described above,
reduces the potential for water quality impact from the project to a level of less
than significant.
GEOLOGY AND SOILS
Significant Effect EG-1
The project site is located in a seismically active region and contains potentially
unstable geology and soils conditions. Recommendations to ensure the stability
of the structures, ground, and slopes, given the potential for seismic events, are
provided in the Compilation of Reports for La Costa Town Square in Appendix I
of the Draft EIR. Impacts of the proposed project related to stability of structures,
ground, or slope would be significant unless the project is designed and
13
Candidate Findings La Costa Town Square General Plan Amendment
constructed in accordance with engineering measures that address the specific
site conditions.
Facts in Support of Finding (1}
The project will be required to adhere to local and state building codes, to be
verified by a City of Carlsbad building inspector, and will implement Mitigation
Measure GS-1, which requires that prior to issuance of a grading permit, a final
geotechnical report that addresses site-specific geotechnical considerations
shall be submitted to the City Engineer for approval. The final geotechnical
report shall update the recommendations provided in the preliminary
geotechnical report for this project and shall address in further detail the
engineering measures for project-specific site conditions needed to minimize
seismic-related impacts, erosion and loss of topsoil, unstable geologic units, or
expansive soils. The project construction and maintenance will be required to
comply with the recommendations of the final report and any modifications
proposed by the City Engineer. This will reduce the hazardous conditions of
seismic-related events and onsite'geology and soils conditions to a level of less
than significant.
GH. HAZARDS
Significant Effect GH-1
The project site may experience some incidental flooding, mainly along Rancho
Santa Fe Road and La Costa Avenue. Additionally, the eastern corner of the
project site is within the mapped inundation area of the Stanley A. Mahr Reservoir
and could experience flooding from failure of La Costa Dam within the project
area shown in Figure 5.9-1 of the Draft EIR. Flooding may also occur in the southern
portion of the project site surrounding the proposed detention basins. While
evacuation plans have been established as described in the Draft EIR and the site
is located adjacent to two emergency escape routes, loss of property due to
flooding caused by dam failure could occur.
14
Candidate Findings La Costa Town Square General Plan Amendment
Facts in Support of Finding (1}
Mitigation Measure H-l would require that all portions of development within the
dam inundation area of the Stanley A. Mahr Reservoir receive notification as
part of the standard ownership disclosure package and CC&Rs that their
property is within the dam inundation area and is subject to potential loss of
property in the event of dam failure. This notification would reduce the potential
impact from dam failure and flooding to a level of less than significant.
HL VISUAL AESTHETICS/GRADING
Less than Significant Effect HI-1
The proposed project will introduce urban development on a currently vacant
site and views onto the project site from nearby properties and from Rancho
Santa Fe Road and La Costa Avenue would change with development of the
site. Visual simulations of the project based on landform changes that would
occur from implementation of the project are shown in Figures 5.10-2 through
5.10-4 of the Draft EIR. These simulations show that the project would be visible
but would not block distant views of the oceans and hills from the simulated
viewpoint locations.
Facts in Support of Finding H)
The project does not have the potential to block any significant scenic views
from the surrounding land uses as no scenic vistas through or of the project site
have been identified in the City's adopted Scenic Corridor Guidelines. The
Scenic Corridor Guidelines are intended to be used as a guide for
improvements that take place within or adjacent to the rights-of-way for
identified scenic corridors. La Costa Avenue is identified as a "community theme
corridor" in the Scenic Corridor Guidelines; and La Costa Avenue, Olivenhain
Road, and Rancho Santa Fe Road are identified as "community scenic
corridors" in the Scenic Corridor Guidelines. No specific guidelines have been
established for these roads. Therefore, the visual effects of the project would not
block any scenic vistas from designated or known scenic viewpoints or conflict
with any design requirements of the City's Scenic Corridor Guidelines.
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Candidate Findings La Costa Town Square General Plan Amendment
less than Significant Effect HI-2
Implementation of the General Plan goals, objectives, and implementing
policies and action programs, the Municipal Code, Landscape Manual, and
other associated City regulatory tools, will ensure that development of the
proposed project is compatible with existing development surrounding the
project site.
Facts in Support of Finding (1}
As described in Section 5.10 of the Draft EIR, the project would be consistent
with Objective B.2 of the Land Use Element for Overall Land Use Pattern by
providing a European/Tuscan form of style and architecture and would include
landscape features such as open plazas, visual landmarks, water features,
specialty paving, site furniture, and tree and rich landscape plantings. The
commercial portion of the project would also be consistent with Objective B.3 of
the Land Use Element for Commercial development through the design and
arrangement of commercial uses in one- and two-story configurations and with
open space buffers to create privacy to the residences from surrounding
roadways and commercial uses. The project would maintain high commercial
development standards addressing landscaping, parking, signs, and site and
building design, to ensure that the development is visually compatible with
surrounding land uses.
The project would also be consistent with Objective B.5 of the Circulation Element
by providing safe, adequate, and attractively landscaped parking facilities in a
visual setting of open plazas, visual landmarks, water features, specialty paving,
site furniture, and tree and rich landscape plantings. Objective B.4 of the Arts
Element, which seeks during land development reviews to give consideration to
aesthetic issues, City land forms, landscaping, and architecture, would be met by
the European/Tuscan form of style and architecture and the landscape and site
planning features described above.
Less than Significant Effect MI-3
The potential issue that the project's proposed commercial uses could lead to
urban decay by causing other commercial properties within the project's
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Candidate Findings La Costa Town Square General Plan Amendment
market area to be abandoned was also analyzed in the Draft EIR.
Facts in Support of Finding (I)
A market analysis was performed in June 2008 and updated in February 2009
(CBRE Consulting 2008, 2009; Appendix K of the Draft EIR) to analyze the potential
for the proposed retail center of the project to cause urban decay. The study
estimated sales for the commercial uses and the amount estimated to be
generated by market area residents. The study identified nine existing and six
planned commercial centers of comparable size and estimated sales "leakage"
(i.e., spending outside the market area by local residents) that would be
recaptured by the proposed retail center. The 2008 study was updated in 2009 to
examine the current national recession and consider whether the project would
exacerbate any negative economic conditions in the local retail sector and be
the cause of urban decay.
The study and update concluded that whether or not the La Costa Town Square
opens, there are likely to be some store closures in the project's market area and,
because of depressed economic conditions, it will take longer to find
replacement tenants than would be the case under normal economic conditions.
The updated analysis also noted that while retail vacancy rates countywide
increased from 3.0 percent in third quarter 2008 to 3.4 percent in the fourth
quarter, "vacancy rates of 5.0 percent or lower are generally considered healthy
by commercial real estate brokers" (CBRE Consulting 2009).
Market-area store closures have been affected by national retail chain closures
and by older grocery stores that had been underperforming before the economic
downturn and lacked size and amenities to compete with newer grocery stores.
The CBRE study concluded that while the national economic conditions will
continue to impact the local market area, the more favorable local demographic
conditions of the project's market area can be expected to sustain local retail
demand and ultimately draw new businesses to the area as the economy
improves. Thus, while there may continue to be vacant stores within the market
area, such vacancies are not likely to cause physical deterioration of commercial
areas in Encinitas and Carlsbad and, therefore, such vacancies would not
constitute urban decay and no long-term visual impacts are expected to occur.
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Candidate Findings La Costa Town Square General Plan Amendment
Less than Significant Effect HI-4
According to the proposed grading plan, approximately 66.6 acres (or 80
percent) of the 83-acre project site will be graded and will result in a total of
793,000 cubic yards of grading. Cut and fill slopes would be up to approximately
46 feet in height in the proposed single-family parcel and up to approximately
30 feet in height for the proposed commercial and office parcels. The total
volume of grading would be approximately 11,454 cubic yards per acre (cy/ac)
for the 22.7-acre single-family site, 12,540 cy/ac for the 37.32-acre commercial
site, and 9,894 cy/ac for the 6.54-acre office site. The multi-family residential
parcel was previously graded to provide a relatively flat building site and only
minor re-grading would be required by the project.
Facts in Support of Finding (1)
Proposed grading for the single-family residential parcel will result in many lots
having rear yard slope heights of over 35 feet, with the highest slope being 40 feet,
in order for the building pads to "step down" from the higher elevation at Rancho
Santa Fe Road, which ranges from 378 to 420 feet above mean sea level (AMSL),
to the elevation at La Costa Avenue, which ranges from 262 to 290 feet AMSL.
However, these slopes in excess of 35 feet high are located in the interior of the
residential area and, with construction of homes, would have limited visibility from
offsite. In addition, the tallest proposed manufactured slope visible from offsite will
be approximately 46 feet in height, located along La Costa Avenue on Open
Space Lot 68 of the residential parcel. This slope height is necessitated by the need
to maintain reasonable street grades for access to the residential lots.
The Hillside Development Ordinance allows the decision-making body to approve
modifications to the ordinance's development and design guidelines if the
modification will result in manufactured slopes that are more aesthetically pleasing
and natural appearing than would a strict adherence to the requirements of the
ordinance. Approval of the modification to the development and design
guidelines of the Hillside Development Ordinance would not cause a significant
visual aesthetics/grading impact if findings are made that the modification will
result in manufactured slopes that are more aesthetically pleasing and natural
appearing than would a strict adherence to the requirements of the ordinance.
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Candidate Findings La Costa Town Square General Plan Amendment
The modification is proposed to be mitigated by extensive landscaping along the
manufactured slopes and will be aesthetically pleasing and natural appearing.
Reducing the grading quantities would require much steeper streets for many
residents to get access to their properties and be less appealing for the new
residents. Approval of the modification to the development and design guidelines
of the Hillside Development Ordinance would not cause a significant visual
aesthetics/grading impact. The project site was previously anticipated to be fully
developed with the approval of the Habitat Conservation Plan and mitigated the
impacts with the preservation of open space which is equal or greater than that of
the site.
Grading for the commercial parcel will result in building pads located up to
approximately 22 feet below Rancho Santa Fe Road at the intersection of Paseo
Lupino; and fill slopes ranging from approximately 17 feet to 30 feet above La
Costa Avenue. Features of the grading design in the commercial and office area
of the project that reduce the visual impact of the exterior graded slopes on La
Costa Avenue are the provision of vegetated swales at the top and toe of the
slope to carry drainage within a landscape feature, rather than in a pipe or
concrete culvert; and the site plan for the project, which would locate the
proposed department store a minimum of 180 feet from La Costa Avenue, thus
providing a landscaped foreground view from La Costa Avenue and from the
residences on the south side of the street.
As described in Section 5.1, Land Use and Planning, of the Draft EIR, while grading
for the proposed commercial and office parcels would exceed 10,000 cy/ac, the
Hillside Development Regulations state that nonresidential development is not
required to comply with the volume of grading and slope height requirements of
the ordinance and allows the Planning Director and City Engineer to approve the
grading plan based on "written and graphic exhibits to justify the proposed
grading." The applicant states that the proposed commercial and office project
requires large building pads for accessible parking and building structures.
Nevertheless, every effort has been made to keep the amount of grading at a
minimum taking into account the uses proposed, user safety, functional design,
and walk-ability. In addition, grading for the office site, which would result in slopes
of up to approximately 26 to 30 feet in height and are over 200 feet in length, are
contoured to follow the curve of La Costa Avenue and curve around water
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Candidate Findings La Costa Town Square General Plan Amendment
detention basins. The slopes are undulated and contoured vertically to produce
varied slope gradients as required.
Less than Significant Effect HI-5
The project site is located in an urbanized area with primarily residential uses
adjacent to the site and would be a new source ot light and glare, primarily
from the commercial and office parcels, and would convert 83 acres of
unlighted space to urban uses as designated by the Carlsbad General Plan.
Facts in Support of Finding (1)
Existing light sources near the project site are a neighborhood commercial
center located adjacent to the southwest and from two neighborhood lighted
tennis courts in the multifamily residential development located along Calle
Timiteo and tennis courts and ball fields located in Stagecoach Park and at La
Costa Canyon High School. Other existing light sources are street lighting and
private yard lighting in the residential areas and nighttime traffic on Rancho
Santa Fe Road. Due to the existing General Plan designation of the project site
for urban residential and commercial uses, lighting for the project would not be
inconsistent with typical lighting needed to support these uses.
In addition, the City Planning Department would review the project's exterior
commercial and parking lot lighting pursuant to Section 21.31.080(G) of the
Carlsbad Municipal Code, which states as follows: "Exterior lighting is required for
all employee and visitor parking areas, walkways, and building entrances and
exits. Light sources shall be designed to avoid direct or indirect glare to any
offsite properties or public rights-of-way." This review requires that the developer
submit and obtain Planning Director approval of an exterior lighting plan,
including parking areas, which demonstrates that all lighting is designed to
reflect downward and avoid any impacts on adjacent homes or properties.
Proposed project signs would also be subject to City Planning Department
review for compliance with the City Sign Ordinance (Chapter 21.41 of the
Municipal Code), which does not allow blinking or flashing lights or exposed
lighting elements within 500 feet of residentially zoned properties. Due to the
absence of adjacent habitat areas, nighttime lighting at the project site would
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Candidate Findings La Costa Town Square General Plan Amendment
not cause a significant impact to wildlife. Therefore, impacts associated with
light and glare would be less than significant.
U. PUBLIC SERVICES AND UTILITIES
Water Supply and Facilities
Less than Significant Effect U-1
The Draft EIR concludes that there is an adequate availability of water through
the San Diego County Water Authority (SDCWA) and Olivenhain Municipal
Water District (OMWD) to serve the proposed project.
Facts in Support of Finding (1)
As described in Section 5.11.1 of the Draft EIR, OMWD, the water service provider
for the project, states in their letter of January 8, 2009, that "[t]he District has or will
have adequate facilities to serve the project." Also contained in Appendix L of the
Draft EIR is the La Costa Town Square Water System Analysis prepared for OMWD
by AECOM, which further states that "the development can be served during a
peak hour demand condition with a minimum residual pressure greater than 60 psi
[pounds per square inch], and during a maximum day plus 1,500 gpm [gallons per
minute] fire flow demand condition with residual pressures greater than 20 psi in
the vicinity of the fire." Additionally, the Zone 11 LFMP water service performance
standard requires that "line'capacity to meet the demand as determined by the
appropriate water district must be provided concurrent with development."
In April 2007, SDCWA adopted an update to the 2005 Urban Water Management
Plan (UWMP) (SDCWA 2007b), which identifies a variety of water resources
projected to be developed through the year 2030 to ensure long-term water
supply reliability for the region, and which relied on the SANDAG regional growth
projections for water supply planning. Although SDCWA's sole for its imported
water supply is the Metropolitan Water District (MWD) of southern California, MWD
has ensured long-term reliability through its UWMP and Integrated Resource
Planning process. In addition to imported water, SDCWA identifies supply goals for
supplemental sources of water for the year 2030, including groundwater, recycled
water, and seawater desalination. Through its imported water supply and
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Candidate Findings La Costa Town Square General Plan Amendment
identified supplemental water sources, SDCWA plans to meet the County's and
OMWD's needs through the year 2030.
Under California Water Code Section 10912, a Water Supply Assessment would
need to be prepared by OMWD if the land uses proposed by the project met any
one of the following criteria: more than 500 dwelling units; more than 500,000
square feet of commercial space; more than 250,000 square feet of office space;
more than 1,000 employees; or would demand an amount of water equivalent to
or greater than the amount required by a 500-dwelling-unit project. In 2006,
OWMD completed a study that analyzed actual water usage for all residential
customers in its service area and determined that 500 single-family units would
demand 350,000 gallons per day (gpd), while 500 multifamily units would demand
250,000 gpd. Using either metric, the project's estimated water demand of 186,862
gpd as shown in Table 5.11 -1 of the Draft EIR, would not meet the equivalent
demand of a 500-dwelling unit project. Therefore, the project would meet the
City's Zone 11 LFMP standards for avoidance of a significant water impact and
would not require construction of new water facilities, the construction of which
may cause significant environmental impacts.
Wastewater Treatment Facilities
Less than Significant Effect D-2
The Draft EIR concludes that there is adequate trunk line and wastewater
treatment capacity to serve the proposed project.
Facts in Support of Finding (T)
The Zone 11 LFMP requires that the developer shall meet with and obtain approval
from the Leucadia Wastewater District (LWD) in regard to sewer infrastructure
available or required to serve the project; and that building permits will not be
issued for development of the subject property unless the appropriate agency
determines that sewer and water facilities are available.
The LWD Planning Study does not recommend any other major sewer trunk lines
within Zone 11. Two 12-inch sewer lines exist from stubs in La Costa Avenue and
Camino de Los Caches to the existing 12-inch sewer line in Stagecoach Park.
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Candidate Findings La Costa Town Square General Plan Amendment
These two pipelines will be needed to serve the portion of Zone 11 in LWD that is
north of the existing La Costa Avenue and east of the existing Camino De Los
Coches.
Based on the Zone 11 LFMP requirement that the developer obtain approval from
the LWD regarding sewer infrastructure to serve this project and the fact that no
additional trunk lines or other major wastewater facilities are needed to serve the
project, the project would have no significant impact to wastewater treatment
facilities or from new construction or expansion of wastewater conveyance
facilities.
Gas and Electric
Less than Significant Effect IJ-3
The Draft EIR concludes that there are adequate gas and electric facilities to
serve the proposed project.
Facts in Support of Finding (I)
Projected usage of natural gas and electricity based on development of the
project site is provided in tables 5.11-2 and 5.11-3 of the Draft EIR. The existing
electricity and gas infrastructure located within or adjacent to the project site
would provide adequate service to the proposed project. As such, the project
would not result in substantial adverse physical impacts associated with the
provision of new or physically altered local infrastructure facilities. The proposed
development results in additional natural gas and electricity demands; however,
energy demands created by the project are typical of urban development and
can be accommodated by existing facilities within the project area. The impact to
gas and electric services resulting from implementation of the proposed
development activities would be less than significant.
Police Services
Less than Significant Effect IJ-4
The Draft EIR concludes that there are adequate police services available to
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Candidate Findings La Costa Town Square General Plan Amendment
serve the proposed project.
Facts in Support of Finding H)
The City of Carlsbad provides police protection services to the project site, which is
located within police service area Beat 10. The response time within Beat 10 is
currently 7.83 minutes for Priority 1 emergencies based on statistics from the period
of January 1 - July 2, 2008. Response time for calendar year 2007 was 7.37 minutes.
As stated in the Draft EIR, the Carlsbad Police Department has advised that the
proposed project would not adversely impact the level of service they presently
provide to the area. Since the current levels of service are adequate for the
proposed project, there are no plans for expansion of facilities at this time and
there would be no impact associated with provision of new or physically altered
police services.
Fire Services
Less than Significant Effect IJ-5
The Draft EIR concludes that there are adequate fire services available to serve
the proposed project.
Facts in Support of Finding (1}
The City of Carlsbad Fire Department provides all basic fire and advanced
emergency medical services to the project site. Additionally, the Fire Department
has agreements with other agencies to provide additional services such as
hazardous materials incident responses. The nearest City fire station to the project
site is City Fire Station 6, located on Rancho Santa Fe Road, 0.75 mile north of the
project site.
According to the Zone 11 LFMP, all future development in Zone 11 is within the 5-
minute response time of Fire Station 6 and Zone 11 will conform to the fire
performance standards through buildout. Therefore, Zone 11 meets the adopted
performance standard and will continue to meet the performance standard
through buildout of the City and there are no special conditions that need to be
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Candidate Findings La Costa Town Square General Plan Amendment
complied with prior to development and operation of the proposed land uses. In
addition, the Water System Analysis prepared for the project (see Draft EIR
Appendix L) determined that water service to the project meets or exceeds the
minimum fire flow demands of at least 1,500 gallons per minute (gpm) of fire flow
for the proposed residential development areas and 3,500 gpm of fire flow for the
proposed commercial and office development areas. Therefore, the proposed
project will have no impact on fire facilities in Zone 11 or within Carlsbad.
School Services
Less than Significant Effect U-6
The Draft EIR concludes that Encinitas Union School District (EUSD) and San
Dieguito Union High School District (SDUHSD) have adequate school facilities to
accommodate the proposed project.
Facts in Support of Finding (?)
According to the Zone 11 LFMP, EUSD entered into an agreement with Real Estate
Collateral Management, the major landholder of the project area, which provides
for the dedication of school sites in exchange for school availability letters. This
agreement has been in force for the last several years and has resulted in the
dedication of the La Costa Heights, Mission Estancia, and El Camino Creek
elementary school sites.
Government Code Section 65995 ef seq. and Education Code Section 17620,
provide for the collection of schools fees for residential development based on a
fee of $2.97 per square foot of habitable residential space and $0.47 per square
foot of enclosed and covered commercial space. This fee is shared by EUSD and
SDUHSD.
The proposed project would generate a total of 86 additional elementary school
students. Mission Estancia Elementary School is currently operating under its
capacity and the projected 86 students could currently be accommodated at
this school. EUSD foresees no problems with providing services to the proposed
project at this time; therefore, no impact associated with this issue is anticipated to
occur.
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Candidate Findings La Costa Town Square General Plan Amendment
The proposed project would generate a total of 20 new middle school students
and 41 new high school students. Diegueno Middle School and La Costa Canyon
High School serve the project. According to SDUHSD, the proposed project would
contribute to the need for additional classrooms and support facilities at Diegueho
Middle School. In conjunction with other future development of the La Costa area,
this project would affect future year enrollment that would approach the
capacity of La Costa Canyon High School and require further expansion.
Because of the small number of students generated by the project.and the
requirement for payment of school fees, including from the proposed commercial
and office development, the impact to schools would not be significant. The
proposed project would also not necessitate the development of new schools or
physically altered facilities; therefore, no impact from the construction or
expansion of schools would result from the project.
Library Services
less than Significant Effect U-7
The Draft EIR concludes that there are adequate library-facilities to serve the
proposed project.
Facts in Support of Finding fl)
The Carlsbad City Library System, a department of the City of Carlsbad,
operates and plans for the provision of library services to residents of the city. The
LFMP performance standard for library services is no less than 800 square feet of
library space per 1,000 population.
To meet the LFMP performance standard, the City should currently provide at
least 81,102 square feet of library space and by the Year 2030 would need at
least 101,634 square feet of library space. The library system currently provides a
total of over 102,200 square feet of library space, or 122 percent of the currently-
required space; therefore, the potential population from the proposed project
would not impede the ability of the library department to meet its current LFMP
performance standard. In addition, the project will pay its portion of the public
facility fees identified in the LFMP toward library project funding. No specific
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Candidate Findings La Costa Town Square General Plan Amendment
construction or expansion of library facilities will be required with implementation
of the proposed project; therefore, there is a less than significant impact from
the project on the adequate provision of library services.
Solid Waste
Less than Significant Effect IJ-8
The Draft EIR concludes that there are adequate solid waste services available
to serve the proposed project.
Facts in Support of Finding (7)
The City of Carlsbad provides solid waste services through its contractor, Waste
Management, Inc. In addition, Waste Management of North County/Coast Waste
Management operates a household hazardous waste drop-off location in
Oceanside at 2880 Industry Street.
Solid waste from Carlsbad is hauled to four landfills, with the majority of the solid
waste being sent to the Otay Mesa and Sycamore Canyon facilities. According to
the Draft EIR, Otay Mesa has a permitted daily capacity of 3,500 tons but is
receiving only 981 tons daily and has an estimated life expectancy of 37 years to
2033; and the Sycamore Canyon landfill has a permitted daily capacity of 2,500
tons but is receiving only 900 tons daily and has an estimated life expectancy of 62
years, to 2058.
During the construction of the proposed residential and commercial
developments, a significant amount of construction-related waste will be
generated. The type of construction waste will range from construction worker
personal waste to hazardous materials associated with architectural coatings.
According to Waste Management, Inc., the amount of construction-related waste
that will be generated is not considered significant. The contractors will be
responsible for recycling of the construction materials, while Waste Management
will provide containers necessary for all types of collection needs. Any hazardous
materials-related waste is required by federal, state, and local regulations to be
disposed of appropriately.
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Candidate Findings La Costa Town Square General Plan Amendment
Table 5.11-6 of the Draft EIR estimates that approximately 74,088 pounds per day
(13,521 tons per year) of solid waste would be generated by the La Costa Town
Square Project upon its full occupancy. According to the Draft EIR, Waste
Management has advised that it foresees no problems with providing waste
collection service for the project site.
As stated in the Draft EIR, the City has indicated that it has achieved a 44 percent
diversion rate for solid waste. Therefore, the estimated amount of project solid
waste to be disposed at the landfills would be reduced to 7,572 tons per year.
Although the proposed project would increase demand for solid waste collection
and increase the quantity of solid waste being hauled to landfills, it would not
generate solid waste that exceeds present or planned landfill capacity. Therefore,
no significant impact associated with solid waste would occur.
(2) Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted
by that other agency.
A. TRANSPORTATION/CIRCULATION
Significant Effect A-1
The project would contribute to the following significant traffic impacts to
roadway segments and intersections outside the jurisdiction of Carlsbad:
Roadway Segments
• 1-5 Freeway segments in the project area currently operate at level of
service (LOS) F during peak hours
• Rancho Santa Fe Road between Melrose Drive and Island Drive in San
Marcos currently operates at LOS E and would operate at LOS F with
cumulative contribution of project traffic in year 2030
• Rancho Santa Fe Road between Island Drive and San Marcos Boulevard
in San Marcos currently operates at LOS D and would operate at LOS F
under existing plus project conditions in years 2010 and 2030
• Olivenhain Road between El Camino Real and Rancho Santa Fe Road in
an area of shared jurisdiction with Encinitas currently operates at LOS D
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Candidate Findings La Costa Town Square General Plan Amendment
and would operate at LOS E under existing plus project conditions and
LOS E in years 2010 and 2030 with the project
• Leucadia Boulevard between Quail Gardens Drive and El Camino Real in
Encinitas would receive additional project traffic that would worsen LOS E
conditions in year 2030
• San Elijo Road between Rancho Santa Fe Road and Elfin Forest Road in
Encinitas would receive additional project traffic that would worsen LOS F
conditions in year 2030
Intersections
• Rancho Santa Fe Road and El Camino del Norte in Encinitas would
experience increased traffic delay at an intersection currently operating
at LOS E (AM peak hour) and LOS D (PM peak hour); and cause LOS E
(AM and PM) peak hour conditions in the Existing Plus Project scenario,
LOS F (AM) and LOS E (PM) peak hour conditions in year 2010, and LOS F
(AM and PM) peak hour conditions in year 2030
*—Rancho Santa Fe Road and San Marcos Boulevard in San Marcos would
experience increased delay at intersection operating at LOS F (PM peak
hour) in years 2010 and 2030
Facts in Support of Finding (2)
1-5 Freeway Segments
Improvement to the 1-5 Freeway segments identified in the Draft EIR would
require alteration or reconstruction of facilities that are under the jurisdiction of
Caltrans, which has no current plans or funding for improvements that would
increase the capacity of these freeway segments. Improvements needed to
avoid would include provision of additional freeway lanes. It is beyond the
capability of the applicant to effect improvements that would avoid significant
cumulative project impacts.
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Candidate Findings La Costa Town Square General Plan Amendment
Rancho Santa Fe Road Segments in San Marcos
Improvement to the Rancho Santa Fe Road segments in San Marcos would
require alteration or reconstruction of facilities that are under the jurisdiction and
maintained by the City of San Marcos. Improvements to provide sufficient
roadway capacity to avoid LOS F conditions in year 2030 would require
widening from the existing four lanes to six lanes. As shown in Table 5.2-20 of the
Draft EIR, the project would contribute only 510 ADT to the portion of Rancho
Santa Fe Road between San Marcos Boulevard and Island Drive, which would
carry 53,942 ADT without the project; and contribute 1,021 ADT to the portion
between Island Drive and Melrose Drive, which would carry 43,702 ADT without
the project. It would be an inequitable requirement and beyond the capability
of the applicant to effect improvements that would avoid significant cumulative
project impacts.
Olivenhain Road Segment in Encinitas
Improvement to the Olivenhain Road segment in Encinitas would require
alteration or reconstruction of facilities that are under the jurisdiction and
maintained by the City of Encinitas. Improvements to provide sufficient roadway
capacity to avoid a change from LOS D without the project to LOS E under the
Existing Plus Project scenario, would require widening from the existing five lanes.
As shown in Table 5.2-10 of the Draft EIR, the project would contribute only 3,062
ADT to the portion of Olivenhain Road between El
Camino Real and Rancho Santa Fe Road, which would carry 42,600 ADT without
the project. It would be an inequitable requirement and beyond the capability
of the applicant to effect improvements that would avoid significant cumulative
project impacts.
Leucadia Boulevard Segment in Encinitas
Improvement to the Leucadia Boulevard segment in Encinitas would require
alteration or reconstruction of facilities that are under the jurisdiction and
maintained by the City of Encinitas. Improvements to provide sufficient roadway
capacity to avoid LOS E conditions in year 2030, which would occur with or
without the proposed project, would require widening from the existing four
lanes. As shown in Table 5.2-20 of the Draft EIR, the project would contribute only
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Candidate Findings La Costa Town Square General Plan Amendment
2,041 ADT to the portion of Leucadia Boulevard between Quail Gardens Drive
and El Camino Real, which would carry 41,661 ADT without the project. It would
be an inequitable requirement and beyond the capability of the applicant to
effect improvements that would avoid significant cumulative project impacts.
San Elijo Road Segment in Encinitas
Improvement to the San Elijo Road segment in Encinitas would require alteration
or reconstruction of facilities that are under the jurisdiction and maintained by
the City of Encinitas. Improvements to provide sufficient roadway capacity to
avoid LOS F conditions in year 2030, which would occur with or without the
proposed project, would require widening from the existing four lanes. As shown
in Table 5.2-20 of the Draft EIR, the project would contribute only 2,552 ADT to
the portion of San Elijo Road between Rancho Santa Fe Road and Elfin Forest
Road, which would carry 40,848 ADT without the project. It would be an
inequitable requirement and beyond the capability of the applicant to effect
improvements that would avoid significant cumulative project impacts.
Rancho Santa Fe Road and El Camino del Norte Intersection in Encinitas
Improvement to the Rancho Santa Fe Road and El Camino del Norte
intersection in Encinitas would require alteration or reconstruction of facilities
that are under the jurisdiction and maintained by the City of Encinitas. As shown
in Table 5.2-5 of the Draft EIR, the intersection currently operates at LOS E (AM)
and LOS D (PM) and, as shown in Table 5.2-21 of the Draft EIR, would worsen to
LOS F (AM) and LOS E (PM) by year 2030 without the project. In year 2030, the
intersection would experience an average AM peak hour delay of 76.3 seconds
(LOS F) without the project and 88.3 seconds (LOS F) with the project; and an
average PM peak hour delay of 45.3 seconds (LOS E) without the project and
64.5 seconds (LOS F) with the project. According to analysis provided in the
Traffic Impact Analysis prepared for the project (Urban Systems Associates 2008),
signalization or the installation of a roundabout would improve the intersection's
AM and PM operating conditions to acceptable levels of service, which would
reduce the project and cumulative impact to a level less than significant.
However, because the City of Encinitas does not intend to implement mitigation
such as signalization or a roundabout, the project and cumulative impact at this
intersection would remain significant and unmitigated. Therefore, it would be
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Candidate Findings La Costa Town Square General Plan Amendment
beyond the capability of. the applicant to effect improvements that would
avoid significant cumulative project impacts.
.Rancho Santa Fe Road and San Marcos Boulevard Intersection in San Marcos
Improvement to the Rancho Santa Fe Road and San Marcos Boulevard
intersection in San Marcos would require alteration or reconstruction of facilities
that are under the jurisdiction and maintained by the City of San Marcos. As
shown in Table 5.2-5 of the Draft EIR, the intersection currently operates at LOS D
(AM and PM) with an average intersection delay 36.8 seconds during the AM
peak hour and 47.9 seconds during the PM peak hour. The intersection would
continue to operate at LOS D during the AM and PM peak hours with the
project, though the average intersection delay would increase by 0.3 seconds
during the AM peak hour and 1.7 seconds during the PM peak hour. As shown in
Table 5.2-21 of the Draft EIR, in year 2030 the intersection would experience an
average AM poak hour delay of 52.5 seconds (LOS D) without the project and
52.7 seconds (LOS D) with the project; and an average PM peak hour delay of
158.9 seconds (LOS F) without the project and 160.9 seconds (LOS F) with the
project. Improvements to provide sufficient roadway capacity to avoid LOS F
intersection conditions in year 2030, which would occur-with or without the
proposed project, would be required. The City of San Marcos does not have an
adopted Capital improvement Program for this intersection and it would be an
inequitable requirement and beyond the capability of the applicant to effect
improvements that would avoid significant cumulative project impacts.
(3) Specific economic, legal, social, technological, or other considerations,
including considerations for the provision of employment opportunities for
highly skilled workers, make infeasible the mitigation measures or
alternatives identified in the Draft EIR that would reduce this impact to less
than significant.
A. AIR QUALITY
Significant Effects
As shown in Table 5.3-4 of the Draft EIR, total air pollution emissions from the
project's mobile and area sources would exceed the threshold for significance
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Candidate Findings La Costa Town Square General Plan Amendment
for CO and PMio.
Facts in Support of Finding (3)
The project's Air Quality impact is the result of the 25,516 ADT generated by motor
vehicles traveling to and from the project's residential, commercial, and office
land uses. It is beyond the technical capability of the project applicant or the City
to mitigate the air quality impact of motor vehicle emissions.
Alternative 1 - No Project: No Development Alternative
The No Project: No Development Alternative assumes that no development
would occur on the project site and the site would remain vacant. This
alternative would avoid most of the significant environmental effects associated
with implementation of the proposed project. This alternative is technically
feasible and would avoid the project's Air Quality impacts, but would not
achieve the project objectives as listed in Section 3.12 of the Draft EIR. These
objectives that would not be achieved include strengthening the City's tax
base, providing shopping and job opportunities, ensuring that the commercial
services under the La Costa Master Plan are fulfilled, and offering additional
residential areas with a range of housing types and prices. Additionally, this
alternative does not meet the objectives of the City's General Plan, as the
project site is identified for the following land use designations: Office and
Related Commercial (O), Local Shopping Center (L), Open Space (OS), and
Low-Medium Density Residential (RLM). Therefore, the City's General Plan
expects development of the property at some time in the future.
Alternative 2 - No Project: Existing General Plan, Existing Master Plan, and HCP
Alternative
The No Project: Existing General Plan, Existing Master Plan, and HCP Alternative
assumes that the project site would be developed pursuant to the existing
General Plan Land Use designations, La Costa Master Plan, and HCP. As stated
in Section 7.2.2 of the Draft EIR, implementation of the No Project: Existing
General Plan, Existing Master Plan, and HCP Alternative would result in
approximately a 1 to 2 percent increase or decrease in ADT in comparison to
the proposed project. Therefore, implementation of this alternative would not
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Candidate Findings La Costa Town Square General Plan Amendment
avoid significant and unmitigated impacts to Air Quality.
Alternative 3 - Biological Open Space Alternative/Environmentally Superior
Alternative
The Biological Open Space Alternative/Environmentally Superior Alternative
would result in the dedication of Biological Open Space to the east of the
proposed Open Space Corridor in place of the proposed 64 single-family
residential units. The remainder of the project would be developed with the
same multifamiiy residential, shopping center, and office uses as the proposed
project. This alternative would preserve sensitive biological resources on the
24.39-acre single-family residential site and would reduce impacts the project's
significant effects by eliminating 640 ADT from the project. However, this
alternative would still generate approximately 24,876 ADT from the remaining
proposed commercial, office, and multifamiiy development and, therefore,
would not avoid significant and unmitigated impacts to Air Quality.
B. NOISE
The Draft E1R concluded that potentially significant project noise impacts at the
commercial center from loading dock operations, the outdoor gathering area,
and heating and air conditioning equipment, would be avoided by proposed
mitigation measures N-3, N-4, and N-5; and that traffic noise on Rancho Santa
Fe Road affecting the adjacent portion of the proposed single-family
neighborhood, would be avoided by proposed mitigation measure N-6. The
impact of temporary drilling and blasting noise would be reduced by
compliance with mitigation measures N-l and N-2, but not to below a level of
significance.
Significant Effects
Implementation of the proposed project would result in significant short-term
impacts from drilling and blasting noise during grading for construction of the
project.
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Candidate Findings La Costa Town Square General Plan Amendment
Facts in Support of Finding (3}
As stated in Section 5.4.3 of the Draft EIR, approximately 127,000 cubic yards of
rock material is anticipated to be excavated within the onsite granitic rock
formation and would involve drilling and blasting to excavate this material. The
closest existing residence to the blasting area would be a home located
approximately 30 feet away on Sitio Lima; other homes would be located
approximately 150 or more feet from the blasting area. In the worst-case
scenario, the maximum noise level at the nearest residence could be as high as
100 dBA; a few other residences may be affected by noise levels up to 80 dBA.
As rock is excavated from the areas nearest the residences, the drilling and
blasting operational noise would be reduced as these activities were relocated
farther from the residential area. Drilling and blasting would be the most cost-
effective means to loosen the granitic rock for excavation. It would also reduce
the period required for grading the site in comparison to use of conventional
earth-moving equipment and would more efficiently reduce the rock to a size
that can be loaded into the onsite portable rock crusher for use as fill material
within the project site.
Alternative 1 - No Project: No Development Alternative ,
The No Project: No Development Alternative assumes that no development
would occur on the project site and the site would remain vacant. This
alternative would avoid most of the significant environmental effects associated
with implementation of the proposed project. This alternative is technically
feasible and would avoid the project's Noise impacts, but would not achieve
the project objectives as listed in Section 3.12 of the Draft EIR. These objectives
that would not be achieved include strengthening the City's tax base, providing
shopping and job opportunities, ensuring that the commercial services under
the La Costa Master Plan are fulfilled, and offering additional residential areas
with a range of housing types and prices. Additionally, this alternative does not
meet the objectives of the City's General Plan, as the project site is identified for
the following land use designations: Office and Related Commercial (O), Local
Shopping Center (L), Open Space (OS), and Low-Medium Density Residential
(RLM). Therefore, the City's General Plan expects development of the property
at some time in the future.
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Candidate Findings La Costa Town Square General Plan Amendment
Alternative 2 - No Project: Existing General Plan, Existing Master Plan, and HCP
Alternative
The No Project: Existing General Plan, Existing Master Plan, and HCP Alternative
assumes that the project site would be developed pursuant to the existing
General Plan Land Use designations, La Costa Master Plan, and HCP. As stated
in Section 7.2.2 of the Draft EIR, implementation of the No Project: Existing
General Plan, Existing Master Plan, and HCP Alternative would result in
temporary significant and unmitigated noise and vibration impacts related to
blasting and drilling that would be similar to the proposed project. Therefore,
implementation of this alternative would not avoid significant and unmitigated
Noise impacts.
Alternative 3 - Biological Open Space Alternative/Environmentally Superior
Alternative
The Biological Open Space Alternative/Environmentally Superior Alternative
would result in the dedication of Biological Open Space to the east of the
proposed Open Space Corridor in place of the proposed 64 single-family
residential units. The remainder of the project would be developed with the
same multifamily residential, shopping center, and office uses as the proposed
project. This alternative would preserve the 24.39-acre single-family residential
site in its current condition and grading, drilling, and blasting in close proximity to
the existing homes to the east would not occur. This alternative would avoid the
project's significant Noise impacts. However, eliminating the single-family
residential development would not fully achieve the project objectives of
strengthening the City's tax base and offering additional residential areas with a
range of housing types and prices. It would also not fully comply with the existing
Carlsbad General Plan and the Zone 11 LFMP or proposed amendments to
these documents. Provision of adequate public facilities and improvements,
including public safety services, parks, and libraries, relies on development
impact fees that have been calculated based on the level of residential
development allowed by the adopted General Plan.
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Candidate Findings La Costa Town Square General Plan Amendment
C. GLOBAL CLIMATE CHANGE
Significant Effects
Short-term construction and long-term operation of the proposed project would
generate emissions of greenhouse gases (GHGs). Construction emissions would be
associated with vehicle engine exhaust from construction equipment, vendor trips,
and employee compute trips. Operational emissions would be associated with
area, mobile, and stationary sources. Area-source emissions would be associated
with activities such as natural gas use and maintenance of landscaping and
grounds. Mobile-source emissions of GHGs would include project-generated
vehicle trips associated with residents, visitors, employees, and deliveries to the
project site. In addition, increases in stationary-source emissions could occur at off-
site utility providers associated with electricity generation and water distribution
that would supply the proposed project.
Facts in Support of Finding (3)
The project's Global Climate Change impact is largely the result of the 25,516 ADT
generated by motor vehicles traveling to and from the project's residential,
commercial, and office land uses. It is beyond the technical capability of the
project applicant or the City to mitigate the global climate change impact of
motor vehicle emissions.
Alternative 1 - No Project: No Development Alternative
The No Project: No Development Alternative assumes that no development
would occur on the project site and the site would remain vacant. This
alternative would avoid most of the significant environmental effects associated
with implementation of the proposed project. This alternative is technically
feasible and would avoid the project's Global Climate Change impacts, but
would not achieve the project objectives as listed in Section 3.12 of the Draft EIR.
These objectives that would not be achieved include strengthening the City's
tax base, providing shopping and job opportunities, ensuring that the
commercial services under the La Costa Master Plan are fulfilled, and offering
additional residential areas with a range of housing types and prices.
Additionally, this alternative does not meet the objectives of the City's General
37
Candidate Findings La Costa Town Square General Plan Amendment
Plan, as the project site is identified for the following land use designations:
Office and Related Commercial (O), Local Shopping Center (L), Open Space
(OS), and Low-Medium Density Residential (RLM). Therefore, the City's General
Plan expects development of the property at some time in the future.
Alternative 2 - No Project: Existing General Plan, Existing Master Plan, and HCP
Alternative
The No Project: Existing General Plan, Existing Master Plan, and HCP Alternative
assumes that the project site would be developed pursuant to the existing
General Plan Land Use designations, La Costa Master Plan, and HCP. As stated
in Section 7.2.2 of the Draft EIR, implementation of the No Project: Existing
General Plan, Existing Master Plan, and HCP Alternative would result in
approximately a 1 to 2 percent increase or decrease in ADT in comparison to
the proposed project. Therefore, implementation of this alternative would not
avoid significant and unmitigated Global Climate Change impacts.
Alternative 3 - Biological Open Space Alternative/Environmentally Superior
Alternative
The Biological Open Space Alternative/Environmentally Superior Alternative
would result in the dedication of Biological Open Space to the east of the
proposed Open Space Corridor in place of the proposed 64 single-family
residential units. The remainder of the project would be developed with the
same multifamily residential, shopping center, and office uses as the proposed
project. This alternative would preserve sensitive biological resources on the
24.39-acre single-family residential site and would reduce the project's
significant GHG effects by eliminating 640 ADT from the project. However, this
alternative would still generate approximately 24,876 ADT from the remaining
proposed commercial, office, and multifamily development and, therefore,
would not avoid significant and unmitigated Global Climate Change impacts.
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Candidate Findings La Costa Town Square General Plan Amendment
Section 2
Statement of Overriding Considerations
INTRODUCTION
CEQA requires a public agency to balance the benefits of a proposed project
against its unavoidable environmental risks in determining whether to approve
the project. The City Council proposes to approve the project despite certain
significant unavoidable adverse Transportation/Circulation, Air Quality, Noise,
and Global Climate Change impacts identified in the Draft EIR.
As interpreted by the courts, a lead agency's determination that a project's
benefits outweigh significant effects that cannot be mitigated lies at the core of
the lead agency's discretionary responsibility under CEQA (City of Marina V.
Board of Trustees of the California State University (2006) 39 Cal. 4th 341, 368).
Furthermore, courts have upheld overriding considerations that were based on
a variety of policy considerations including new jobs, stronger tax base, and
implementation of an agency's economic development goals, growth
management policies, redevelopment plans, the need for housing and
employment, conformity to a community plan, and provision of construction
jobs. See Towards Responsibility in Planning v. City Council (1988) 200 Cal App.
3d 671;Dusekv. Redeve/opmenf Agency (1985) 173 Cal App. 3d 1029;C;fyof
Poway v. City of San Diego (1084) 155 Cal App. 3d 1037; Markley v. City Council
(1982) 131 Cal App. 3d 656.
As identified above, this project has significant and not fully mitigated effects
relating to transportation/circulation, air quality, noise, and global climate
change. The project alternatives identified in the Draft EIR would not fully
achieve the project objectives as listed in Section 3.12 of the Draft EIR. These
objectives that would not be achieved include strengthening the City's tax
base, providing shopping and job opportunities, ensuring that the commercial
services under the La Costa Master Plan are fulfilled, and offering additional
residential areas with a range of housing types and prices. Therefore, these
alternatives are infeasible in accordance with the findings prepared pursuant to
CEQA Section 21081 and CEQA Guidelines Section 15091.
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Candidate Findings La Costa Town Square General Plan Amendment
Project features or mitigation measures would partially mitigate direct, indirect,
and/or cumulative impacts to transportation/circulation, air quality, noise, and
global climate change associated with the project. Among others, these
include:
1. Paying for the project's fair share contribution toward the construction of a
traffic signal;
2. Requiring the commercial development operator to operate, maintain,
and promote a ride-share program for employees;
3. Providing one more secure bicycle parking areas within the property and
encouraging bicycle riding for both employees and customers;
4. Requiring that all materials handling equipment operated by the
businesses within the facility be electric or use non-diesel engines;
5. Implementing a portable sound attenuation barrier during off-site rock
drilling with a Sound Transmission Class rating of 15 or more along the
northern portion of the project site;
6. Certifying that the rock drill shall not generate noise levels in excess of 85
dBA at a distance of 50 feet while operated at high idle (maximum
governed rpm) under full-load condition during the test;
7. Notifying all property owners within 250 feet of the blasting area of the
blasting activities (for noise and vibration impacts);
8. Designing buildings to be energy efficient and siting buildings to take
advantage of shade, prevailing winds, landscaping and sun screens to
reduce energy use;
9. Limiting idling time for commercial vehicles, including delivery and
construction vehicles.
These mitigation measures would partially mitigate direct, indirect, and/or
cumulative impacts to transportation/circulation, air quality, noise, and global
40
Candidate Findings _ La Costa Town Square General Plan Amendment
climate change, but not to below a level of significance. Impacts to some or all
transportation/circulation, air quality, noise, paleontological resources,
biological resources, hydrology/water quality, geology and soils, and hazards
impacts would be mitigated to below a level of significance.
With the implementation of the mitigation measures discussed in the Draft EIR,
significant effects can be mitigated to less than significant except as described
below.
A. UNAVOIDABLE SIGNIFICANT IMPACTS
Transportation/Circulation
A thorough analysis of environmental impacts caused by the proposed project
has been performed and mitigation to reduce project impacts has been
required where feasible, but would not reduce Transportation/Circulation
impacts to less than significant. Only the No Project: No Development
Alternative analyzed in the Draft EIR for the project would avoid significant
impacts to Transportation/Circulation.
Findings
The City Council hereby finds that completing the roadway improvements
identified in the Draft EIR needed to mitigate the project's traffic impacts is not
feasible for the following economic, legal, and social reasons.
• The significant project transportation/circulation impacts are to segments
of the 1-5 Freeway and roadways and intersections located in the cities of
Encinitas and San Marcos. As described above in Section 1 under CEQA
Finding (2), Caltrans has no plans or funding for improvements to increase
the capacity of 1-5 in the project area. The cities of Encinitas and San
Marcos do not have Capital Improvement Programs for widening or other
improvements to the roadways and intersections to which the project
would contribute relatively minor increases in traffic volumes. As described
above in Section 1 under CEQA Finding (2), significant impacts from
projected regional traffic increases to the roadway segments and
intersections in the cities of Encinitas and San Marcos would occur with or
without the project. Therefore, it would be an inequitable requirement
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Candidate Findings La Costa Town Square General Plan Amendment
and beyond the capability of the applicant to effect improvements that
would avoid significant cumulative project impacts.
Air Quality
A thorough analysis of environmental impacts caused by the proposed project
has been performed and mitigation to reduce project impacts has been
required where feasible, but would not reduce Air Quality impacts to less than
significant. The No Project: No Development Alternative analyzed in the Draft EIR
for the project would avoid significant impacts to Air Quality.
Findings
The City Council hereby finds that reducing the project's mobile source
emissions of carbon monoxide (CO) and particulates (PMio) to mitigate the
project's air quality impacts is not feasible for the following economic, legal, and
social reasons:
• As shown in Table 5.3-4 of the Draft EIR, total emissions resulting from
mobile and area sources would exceed the threshold for significance for
CO and PMio. As most of the emissions are from mobile sources,
implementation of Mitigation Measure AQ-1 would reduce operations
emissions of air pollutants due to the proposed project. Project design
features will also be implemented to reduce the long-term air pollution.
For example, enhanced bus stops will be provided on the La Costa
Avenue and Rancho Santa Fe Road to encourage use of public
transportation, employee car-pooling would be encouraged, and
improved bicycle lanes and onsite bicycle storage facilities would be
provided to encourage bicycle use to and from the project site. However,
the results of implementing these measures cannot be reasonably
quantified and the impact would be significant and unmitigated.
• Reducing the project's CO and PMio emissions to comply with the
thresholds would require reducing the project's vehicle use from the
project's total of 25,516 average daily trips (ADT) to approximately 6,000
ADT. This would require reducing the shopping center from 284,400 square
feet of commercial space under the proposed project to approximately
40,450 square feet. Reducing the project size to this level would not fully
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Candidate Findings La Costa Town Square General Plan Amendment
comply with the existing Carlsbad General Plan and the Zone 11 LFMP or
proposed amendments to these documents. Provision of adequate public
facilities and improvements, including transportation improvements, as
well as public safety services, parks, and libraries, relies on development
impact fees that have been calculated based on the level of residential
and commercial development allowed by the adopted General Plan.
Thus, the City would be unable to adequately accomplish its public
services and facilities goals without income from another source, for which
excess City revenue is not available. The loss of property tax and sales tax
revenue, particularly from commercial development, on which the City is
highly dependent, would also reduce the City's ability to meet its annual
budgetary obligations.
Noise
A thorough analysis of environmental impacts caused by the proposed project
has been performed and mitigation to reduce project impacts has been
required where feasible, but would not reduce Noise impacts to less than
significant. The No Project: No Development Alternative and the Biological
Open Space Alternative/Environmentally Superior Alternative analyzed in the
Draft EIR for the project would avoid significant Noise impacts.
Findings
The City Council hereby finds that mitigating the project's construction noise
impact as identified in the Draft EIR is not feasible for the following economic,
legal, and social reasons:
• As stated in Section 5.4.3 of the Draft EIR, approximately 127,000 cubic yards
of rock material is anticipated to be excavated within the onsite granitic
rock formation and drilling and blasting would be conducted to excavate
this material. Rock drills generate airborne noise levels of approximately 80
to 98 dB at a distance of 50 feet. The closest existing residence to the
blasting area would be a home located approximately 30 feet away on
Sitio Lima; other homes would be located approximately 150 or more feet
from the blasting area. In the worst-case scenario, the maximum noise level
at the nearest residence could be as high as 100 dBA; a few other
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Candidate Findings La Costa Town Square General Plan Amendment
residences may find noise levels up to 80 dBA. This is considered a significant
impact. Mitigation Measure N-l of the Draft EIR would reduce this impact to
a degree; however, it cannot be guaranteed that the impact will be below
a level of significance at the nearest residences. Therefore, this would
remain a significant and unmitigated impact.
• Construction blasting noise will vary but usually generates a maximum
noise level of approximately 94 dBA at a distance of 50 feet and the
maximum noise level at the nearby residences would range between 84
to 100 dBA for the brief blasting events. This would be considered a
significant impact. Mitigation Measure N-2 of the Draft EIR would require
notification of all property owners within 250 feet of the blasting area of
the potential activities. However, this will not reduce the perceived noise
level and, therefore; a significant and unmitigated noise impact would
remain for blasting.
• Drilling and blasting would be the most cost-effective means to loosen the
granitic rock for excavation. It would also reduce the period required for
grading the site in comparison to use of conventional earth-moving
equipment and would more efficiently reduce the rock to a size that can
be loaded into the onsite portable rock crusher for use as fill material
within the project site.
Global Climate Change
A thorough analysis of environmental impacts caused by the proposed project
has been performed and mitigation to reduce project impacts has been
required where feasible, but would not reduce Global Climate Change impacts
to less than significant. Short-term construction and long-term operation of the
proposed project would generate emissions of GHGs, predominantly consist of
CO2. The No Project: No Development Alternative analyzed in the Draft EIR for
the project would avoid significant impacts to Global Climate Change.
Findings
The City Council hereby finds that reducing the scope of the project to avoid
generating emissions of GHGs is not feasible for the following economic, legal,
and social reasons:
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Candidate Findings La Costa Town Square General Plan Amendment
• Construction emissions would be associated with vehicle engine exhaust
from construction equipment, vendor trips, and employee compute trips.
Operational emissions would be associated with area, mobile, and
stationary sources. Area-source emissions would be associated with
activities such as natural gas use and maintenance of landscaping and
grounds. Mobile-source emissions of GHGs would include project-
generated vehicle trips associated with residents, visitors, employees, and
deliveries to the project site. In addition, increases in stationary-source
emissions could occur at off-site utility providers associated with electricity
generation and water distribution that would supply the proposed project.
• No air district in California has adopted a significance threshold for GHG
emissions generated by a proposed project, or a methodology for
analyzing impacts related to GHG emissions or global climate change. By
adoption of AB 32 and Public Resources Code sections 21083.05 and
21097, however, the State of California has established GHG reduction
targets and has determined that GHG emissions as they relate to global
climate change are a source of adverse environmental impacts in
California that should be addressed under CEQA. The proper context for
addressing the issue in an EIR is the discussion of cumulative impacts, since
while the emissions of one single project will not cause global climate
change, GHG emissions from multiple projects throughout the world could
result in a cumulative impact with respect to global climate change.
• To meet GHG emission targets of AB 32, California would need to
generate in the future less GHG emissions than current levels. It is
recognized, however, that for most projects there is no simple metric
available to determine if a single project would substantially increase or
decrease overall GHG emission levels or conflict with the goals of AB 32.
• In 2006 the California Climate Action Team (CAT) prepared a
recommended list of strategies for the state to pursue to reduce climate
change emissions, including strategies to promote smart land use: the
integration of transportation and land use decisions. These strategies
generally encourage jobs/housing proximity, promote transit-oriented
development, and encourage high-density residential/commercial
development along transit corridors. The proposed project is consistent with
the CAT smart land use strategies in the following respects:
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Candidate Findings La Costa Town Square General Plan Amendment
o The proposed project includes a mixture of housing types including
affordable apartments and high-density units as well as nonresidential
uses such as a grocery, retail shops, and other commercial uses
adjacent to one another.
o The project proposes a commercial shopping center intended to
serve the daily commercial needs of existing nearby residential areas.
o Pedestrian trails would interconnect the residential and nonresidential
components of the project and link the proposed project site to an
existing trail network.
o The project would make improvements to an existing bus stop on
Rancho Santa Fe Road, including a turnout lane and bus shelter.
• Reducing the project's CO2 emissions to avoid GHG impacts could only
be accomplished with the No Project: No Development Alternative, which
would not comply with the existing Carlsbad General Plan and the Zone
11 LFMP or proposed amendments to these documents. Provision of
adequate public facilities and improvements, including transportation
improvements, as well as public safety services, parks, and libraries, relies
on development impact feds that have been calculated based on the
level of residential and commercial development allowed by the
adopted General Plan. Thus, the City would be unable to adequately
accomplish its public services and facilities goals without income from
another source, for which excess City revenue is not available. The loss of
property tax and sales tax revenue, particularly from commercial
development, on which the City is highly dependent, would also reduce
the City's ability to meet its annual budgetary obligations.
B. OVERRIDING CONSIDERATIONS
Having reduced the significant environmental impacts of the proposed project
by adopting mitigation measures and balanced the benefits of the proposed
project against the project's potential unavoidable adverse impacts, the City
Council hereby determines that the specific overriding economic and social
benefits of the proposed project outweigh the potential unavoidable adverse
effects on the environment; and, therefore, in spite of a No Project: No
Development Alternative that would avoid significant impacts to
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Candidate Findings La Costa Town Square General Plan Amendment
Transportation/Circulation, Air Quality, Noise, and Global Climate Change, the
unavoidable significant impacts of the proposed La Costa Town Square project
are acceptable based on overriding considerations. The data to support these
conclusions may be found in the La Costa Town Square Draft EIR.
The City Council has weighed the benefits of the proposed La Costa Town
Square project against the identified unavoidable environmental risks and
impacts in determining whether to approve the project. The City Council finds
that the project will provide significant economic, social, and other benefits
which outweigh the unavoidable environmental impacts of the project, such
that those impacts are considered acceptable. With approval of the project,
these benefits include:
1. Conform to General Plan Land Use Element: The project will be consistent
with the existing Carlsbad General Plan Land Use Element because it
provides an orderly balance of both public and private land uses
creating a healthy and diverse economic base. The project design and
arrangement will serve to protect and enhance the environment,
character, and image of Carlsbad. The project will provide two choices
of housing types and density to meet the diverse-economic and social
requirements of City residents while retaining the present predominance
of single-family residences. The development will offer compatibly
designed and conveniently located shopping for City residents. The
project will also create employment possibilities within the diverse range
of retail and commercial uses proposed within the project site.
2. Conform to General Plan Circulation Element/Alleviate Traffic
Congestion: The project will include the realigned Rancho Santa Fe Road
within the project site. This will result in a better overall circulation
infrastructure for the area's future needs. The project will also
accommodate a variety of transportation modes as alternatives to the
automobile. For example, a bus transportation system is an important
part of the project design. Bus stops will exist along circulation roadways
around the commercial parcel in order to offer a transportation system
that helps to reduce pollution and traffic congestion in the area. The bus
transportation system also supports the project site's commercial and
economic development, and the project will enhance bus stop features
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Candidate Findings . La Costa Town Square General Plan Amendment
along Rancho Santa Fe Road. Additionally, the project will offer
landscaped trails and walkways throughout the project site and
connecting sidewalks to adjacent residential properties for convenient
pedestrian access. It will also offer bicycle racks for bicyclists using nearby
bicycle routes on the adjacent streets to access the site. The project's
design for alternative modes of travel is derived from the City's goals to
offer a balance of different travel modes based on safety, convenience,
attractiveness, costs, and environmental and social impacts. These
transit, pedestrian-friendly, and bicycle-friendly features, combined with
the project's mixed-use development and proximity to existing housing
will help minimize the length of local vehicular trips and thereby provide
air quality and energy use benefits to the community.
3. Conform to General Plan Noise Element: The project will construct noise
attenuation features along planned roadways where needed to reduce
vehicular noise impacts to below a level of significance. The project will
also include attenuation features to reduce the noise level audible at
nearby residences from the outdoor gathering area. Amplified speakers
will not be permitted and the outdoor gathering area will not be used for
events between the hours of 10 p.m. and 7 a.m.-In addition, no noise-
related nuisances will result from the location of residential units near
heating, ventilation, and air conditioning and outdoor mechanical
equipment.
4. Strengthen Tax Base: The project at buildout will generate additional
public revenues in the form of property tax and sales tax, which would
include approximately $910,000 in sales tax revenues by the year 2012.
The provision of this revenue stream combined with development impact
fees will help the City to maintain or enhance police and fire protection,
parks, roads, affordable housing, and other infrastructure and services
around the City for the benefit of the community. The project's revenue
generation will positively impact the entire City and not just the area
around the project site.
5. Development Impact Fees: The project would provide approximately
$16,244,000 in development impact fees that would contribute to the
construction of key infrastructure improvements such as police and fire
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Candidate Findings La Costa Town Square General Plan Amendment
stations, parks, numerous roads, traffic signals, and sewers. In addition,
the project will contribute approximately $627,000 in school fees.
6. Employment Opportunities: The project will provide considerable
employment opportunities in a region where employment is a recognized
need. The project will provide permanent employment from the retail
and offices uses, as well as temporary construction-related jobs for the
development of the entire project. It is estimated that a total of
approximately 976 jobs will be created by the project.
7. Positive Economic Impact: The project will increase the number of people
living in the area who will be in need of goods and services that can be
provided by other commercial ventures within the City of Carlsbad. The
new households are projected to generate $407.5 million in new retail
demand, which will have a positive economic impact on the City and
the region.
8. Create a Sustainable Community: The project will create a cohesive and
unified mixed-use community through the strengthening of physical,
economic, and social ties between residential, commercial, industrial,
and recreational land uses within and in the vicinity of the project area.
The project will encourage sustainability in design to foster "green"
development that reduces project energy needs and water
consumption. The project will meet Title 24 plus 20 percent energy
efficiency standards for the community shopping center.
9. Reduce Housing Imbalance and Provide a Range of Housing Types: The
project will supply needed housing in the City of Carlsbad with a range of
housing types, styles, and price levels, thereby helping to meet the needs
of the region's growing population. The project will also increase the
stock of new homes in the region, thereby reducing the long-term
imbalance between housing and employment.
10. Affordable Housing Units: The project will provide affordable housing units
offsite by complying with Carlsbad Municipal Code Section 21.85.040.
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Candidate Findings La Costa Town Square General Plan Amendment
11. Help Manage Greenhouse Gases and Criteria Air Pollutants: Several
components of the project will reduce operational emissions of criteria air
pollutants and precursors, as well as reduce greenhouse gas emissions
associated with the project. Among the many mitigation measures and
project design features detailed in the Draft EIR (pages 6-27 to 6-30), the
project will include buildings designed to be energy efficient and will site
buildings to take advantage of shade, prevailing winds, landscaping and
sun screens to reduce energy use. In addition, the project will install
energy efficient lighting and lighting control systems. The project will also
install light colored "cool" roofs, cool pavements, and strategically
placed shade trees. The project will limit idling time for commercial
vehicles, including delivery and construction vehicles. The minimization of
the length of local vehicular trips resulting from sustainable mixed-use
design and supplying retail and employment opportunities near housing
could help to achieve regional air quality and greenhouse gas reduction
goals.
12. Protect Biological Resources/Provide Open Space: The project will
contribute to the permanent protection of significant biological resources
at offsite habitat conservation areas through the-implementation of the
Habitat Conservation Plan/Ongoing Multi-Species Plan (HCP/OMSP) in
place of the limited natural habitat conditions onsite where permanent
wildlife resource protection does not exist. The proposed onsite open
space features will benefit onsite residents and neighboring communities
to support active and passive recreation opportunities and a high-quality
living environment.
13. Improve Aesthetics: The project will improve aesthetics in the area
through the preservation of 9.1 acres of open space and through a
landscape concept that features open plazas, visual landmarks, water
features, specialty paving, site furniture, and tree and rich landscape
plantings.
14. Increase Shopping Opportunities: The project will increase shopping
opportunities for local residents and allow surrounding residential areas to
be served by a modern commercial center that fulfills daily shopping
50
Candidate Findings La Costa Town Square General Plan Amendment
needs and provides convenient access to goods, food, and personal
services in accordance with the La Costa Master Plan.
15. Pedestrian and Bicycle Friendly Design: The project will allow for
walkability features for pedestrian access to the site and bicycle linkages
to the surrounding neighborhoods through a logical connection of trails,
sidewalks, and bicycle facilities. The project will also link with future hiking
trails.
16. Minimize Visual Impacts: The project will minimize visual impacts from
surrounding public viewing areas by implementing a plan that is sensitive
to existing hillside areas and providing contour grading where feasible.
17. Performing Arts and Community Gathering Space: The project will
include an outdoor gathering space for performances and community
events.
18. Minimize Water Quality Impacts: The project will manage stormwater
runoff from the proposed development through sustainable design
features, such as natural bioswales, that will treat-flows from paved areas
before the drainage waters enter the public drainage systems.
The City Council finds that any one of the benefits detailed above is sufficient,
standing alone, to justify approval of the La Costa Town Square project in
accordance with State CEQA Guidelines sections 15092 and 15093 and Public
Resources Code Section 21081.
Documents related to these findings are available for review at the City of
Carlsbad, City Planning Department, 1635 Faraday Avenue, Carlsbad, CA
92008.
The Carlsbad City Council has adopted Findings Regarding Significant Effects for
the above project, which identify that certain significant effects of
implementing the project are unavoidable, even after incorporation of feasible
mitigation measures. The City Council finds that the remaining unavoidable
significant effects are acceptable due to each of the specific economic, legal,
social, technological, or other benefits that would result from the approval and
51
Candidate Findings La Costa Town Square General Plan Amendment
implementation of the project, as described above. All of these benefits are
based on the facts set forth in the CEQA Findings, the Final EIR, and the record
of proceedings for this project. Each of these benefits is a separate and
independent basis that justifies approval of the project, so that if a court were to
set aside the determination that any particular benefit will occur that justifies
project approval, the City Council determines that it would stand by its
determination that any one of the remaining benefits is sufficient to warrant
project approval.
52
Exhibit B
MITIGATION MONITORING AND REPORTING PROGRAM
ENVIRONMENTAL IMPACT REPORT
FOR
LA COSTA TOWN SQUARE PROJECT
State Clearinghouse # 2003041159
Prepared by:
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, California 92008
July 2009
MITIGATION MONITORING PROGRAM
LA COSTA TOWN SQUARE PROJECT
Mitigation measures have been identified in the Environmental Impact Report for the La Costa
Town Square Project (Project) to reduce or eliminate potential environmental impacts. The City of
Carlsbad (City) is required to implement all adopted mitigation measures. In order to ensure
compliance, the following mitigation monitoring program has been formulated. This program
consists of a checklist followed by a detailed description of the mitigation measures.
The Project is intended to strengthen the City's tax base, increase shopping and job opportunities
for local residents, minimize the length of local vehicular trips for commercial services, encourage
transit use, provide a range of housing types, styles, and price levels, and conform to and implement
the City's General Plan, Growth Management Program and HCP/OMSP.
A mitigation checklist has been prepared for the Project. Table 1 summarizes the mitigation
measures for the Project. Information contained within the checklist clearly identifies the mitigation
measure, delineates the monitoring schedule, and defines the conditions required to verify
compliance. Following is an explanation of the seven columns that constitute the checklist.
Column 1 Mitigation Measure: An inventory of each mitigation measure is provided with a
brief description.
Column! Type: Each mitigation measure is classified as Project Design Mitigation (PD),
Project Construction Mitigation (PC), Ongoing Mitigation (OM), or Long-Term
Mitigation (LT) in order to identify at what stage in the project development process
the mitigation measure can be implemented based upon the following definitions:
PD - Project Design Mitigation — mitigation that has been incorporated into
the project at the design phase of project development (e.g., traffic control
plan, landscape plan);
PC - Project Construction Mitigation -- mitigation that is to be initiated at the
project site prior to and/or during construction to avoid construction related
impacts (e.g., dust or noise control measures);
OM - Ongoing Mitigation - mitigation associated with the project over a
period of time (e.g., success of revegetation);
LT - Long-Term Mitigation — mitigation that requires monitoring over a
greater period of time (e.g., five year revegetation monitoring program).
Column 3 Monitor: Identifies the City department or other public agency that is responsible
for determining compliance with the mitigation measure and for informing the
Planning Department about compliance.
1
Column 4 Schedule: The monitoring schedule depends upon the progression of the overall
project. Therefore, specific dates are not used within the "Schedule" column.
Instead, scheduling describes a logical succession of events (e.g., prior to
construction, annual) and if necessary, delineates a follow-up program.
Column 5 Compliance Action: The monitor can easily determine a mitigation measure's
completion by referring to "Compliance Action." Upon satisfaction of the
requirement listed in this column, the mitigation measure is considered complete.
Column 6 Verification of Compliance: The monitor verifies completion of the particular
mitigation measure by initialing and dating in this column. Where the "Schedule"
column indicates annual or other ongoing mitigation measures, verification of
compliance may not occur until completion of the project. Provision of all required
signatures within the Verification of Compliance column signifies conclusion of the
monitoring program.
Column 7 Remarks: The status of ongoing and cumulative mitigation measures is to be
documented during each visit. The space provided for remarks is obviously too
small for inclusion of the remarks. It is intended that this space be used to indicate
whether there are specific comments pertaining to the status of the mitigation
measure. If there are additional comments they are to be attached to the checklist.
Progress reports are required for the revegetation program. Information provided
within progress reports will be helpful in the development of future mitigation
programs.
This program is to be adopted by the lead and responsible agencies upon formulation of findings in
order to comply with the requirements set forth by Assembly Bill 3180 (Public Resources Code
Section 21081.6).
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Minimum 12-foot-high sound walls shall beconstructed by the applicant along the loadingdock areas at Buildings 15, 18, and 21.f>i Compliance shall be confirmed by Planning !Department investigation of noise complaintsassociated with use of the outdoor gathering area.i>•g
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QS-A 5- to 8-foot-high noise barrier shall beconstructed by the applicant at the top of theslope along a portion of Rancho Santa FeRoad. The materials used in the constructionof the barrier are required to have a minimum^Z The noise barrier shall be installed in compliancewith Mitigation Measure N-6 prior to occupancy ofany dwelling units located on the most northerlystreet of the single-family development site.The interior noise study shall be completed andapproved by the Building Department prior toissuance of building permits for second story unitson Lots 34 thru 48.surface density of 3.5 pounds per-square-footand may consist of earthen berms, masonrymaterial, tempered glass or a combination ofthese materials. The barrier shall not have anyopenings or cracks. An interior noise studywill be required for second story units on Lots34 thru 48.tological Resourcesco
«aO.Prior to issuance of the grading permit, thedeveloper and contractor shall both provide astatement agreeing to comply in full with MitigationMeasure P-1 during grading and construction.Evidence of a contract with a qualifiedpaleontologist to carry out the mitigation programshall be provided to the Engineering Department00
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disturbance (including grading) of thedrainage or basin areas. The plan shall inclumitigation for impacts to waters of the U.S.These mitigated areas may be satisfied bycontribution to an approved mitigation site,where impacts to state or federal jurisdictionwaters (as defined) are mitigated in an ACOCDFG, or RWQCB mitigation bank.— CO*« o•5 3to 8a u ^
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During construction, trash that could attractscavengers that could prey on sensitivewildlife must be maintained and kept to aminimum. Trash containers with animal-resistant lids must be provided on the siteduring construction. This measure shall beincorporated into the project.aa
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II la III 111 11 III Project developer shall provide to the CarlsbadPlanning Department a written description of theprocedures to be followed to provide all projecthomebuyers with information on ways to avoidimpacts to conserved open space resources in theproject area, prohibited activities within conservedhabitat, and a landscaping and fuel break plantingbrochure for distribution to homeowners andhomeowner associations.o
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copy of the official CC&Rs that have been approvby the California Department of Real Estate and tlPlanning Director that contain the notification forproperties that are inside the dam inundation area.approval. Prior to issuance of a buildingpermit, the Developer shall provide thePlanning Department with a recorded copy ofthe official CC&Rs that have been approvedby the California Department of Real Estateand the Planning Director.Climate Change1o
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In each phase of development for the MultifamilyResidential (Parcel 1), Commercial Center (Parcel2), Offices (Parcel 3), and Single-family Resident:(parcel 4) developer shall identify measures toreduce GHG emissions as listed below or alternatimeasures of equivalent or better effectiveness. CitPlanning and Building Department shall confirm iwriting the mitigation to be implemented. Buildinplans shall list measures to be implemented as'o
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Q0,1. The applicant shall implement the followingmeasures to reduce direct and indirect GHGemissions associated with the proposedproject unless it can be demonstrated to theCity of Carlsbad that the measures wouldnot be feasible. Certain measures couldalready be considered components of theproject, but are provided here for purposesof completeness.Osu
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1 manage storm water and protect theenvironment.Devise a comprehensive waterconservation strategy appropriate forthe project and location. The strategymay include many of the specificitems listed above, plus otherinnovative measures that areappropriate to the proposed project.Provide education about waterconservation and available programsand incentives.00 O<
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1 PLANNING COMMISSION RESOLUTION NO. 6578
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE AND
4 OPEN SPACE AND CONSERVATION ELEMENTS OF THE
GENERAL PLAN FROM LOCAL SHOPPING CENTER,
OFFICE AND RESIDENTIAL LOW-MEDIUM TO
6 RESIDENTIAL HIGH DENSITY AND OPEN SPACE ON 9.96
ACRES OF LAND AND THE REDISTRIBUTION OF LOCAL
7 SHOPPING CENTER, OFFICE RESIDENTIAL LOW-MEDIUM
AND OPEN SPACE LAND USES GENERALLY LOCATED
8 NORTHERLY AND EASTERLY OF THE LA COSTA
o AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
10 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
11 CASE NO: GPA01-02
12 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
13 verified application with the City of Carlsbad regarding property described as
14
A portion of Section 31, Township 12 South and a portion of
15 Section 6, Township 13 South, Range 4 West, San Bernardino
,, Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
17 Carlsbad, County of San Diego, State of California
18 ("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan
20 Amendment as shown on Exhibit "GPA 01-02" dated July 1, 2009, attached hereto and on file
21
in the Carlsbad Planning Department, LA COSTA TOWN SQUARE - GPA 01-02, as
22
provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad
24 Municipal Code; and
25 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
2" hold a duly noticed public hearing as prescribed by law to consider said request; and
27 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 General Plan Amendment.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 Commission of the City of Carlsbad, as follows:
3
A) That the above recitations are true and correct.
4
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - GPA 01-
5 02, based on the following findings:
7 Findings:
8 1. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan and La Costa Master Plan
based on the facts set forth in the staff report dated July 1, 2009 including, but not
10 limited to the following:
11 Land Use: The proposed amendment to change the Land Use designation of a 9.96
acre site from Local Shopping Center and Office to Residential High density is for
12 the purpose of developing a residential project to provide a variety of housing types
at a density which will provide more affordable housing opportunities.
i A Land Use: That the Residential High density designated site is in close proximity to
adequate and convenient commercial services apd major transportation corridors.
15 The site is compatible with adjacent and existing single family residential land uses
located to the north and east in that adequate separation in the form of open space,
16 old street rights of way and topographic separation is provided.
1' Land Use: That there have been sufficient developments approved in the quadrant
,„ at densities below the control point to offset the 110 unit net allocation to this
property so that the approval will not result in exceeding the Southeast quadrant
19 dwelling unit limit.
20 Land Use: That the construction of Rancho Santa Fe Road has divided the Local
Shopping Center, Office, and Residential Low-Medium Land Uses and the Office
21 Land Use has been relocated to the north side of La Costa Avenue at Calle Timiteo.
22 The 7.14 acre site is an appropriate site for Office use as it is adjacent to Local
Shopping Center and Open Space and is separated by La Costa Avenue, a
23 secondary arterial, from Residential Medium High Land Use.
24 Land Use: That the boundaries of the Residential Low Medium, Open Space, and
Local Shopping Center have been adjusted to reflect the design of the project. The
25 Open Space Land Use continues to provide an adequate buffer as intended between
9fi the Residential Low-Medium and Local Shopping Center and Office Land Uses.
97 Circulation: That Rancho Santa Fe Road is adequate in size and capacity to
accommodate the traffic generated by the Residential High Land Use designation.
28 Bus stops along Rancho Santa Fe Road provide opportunities for public
transportation.
PC RESO NO. 6578 -2-
Circulation: That the street vacation for Rancho Santa Fe Road removes a previous
2 roadway alignment and dedications have been provided for the new and existing
Rancho Santa Fe Road alignment.
3
Conditions:
4
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
7 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
8 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this General Plan Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the General Plan Amendment documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
12 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
15 4. If any condition for construction of any public improvements or facilities, or the payment
16 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
1' Section 66020. If any such condition is determined to be invalid, this approval shall be
, o invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
19
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this General Plan Amendment,
(b) City's approval or issuance of any permit or action, whether discretionary or
23 nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby,
24 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.
27 6. This approval is granted subject to the certification of EIR 01-02 and approval of MP
149(R) and LFMP 87-11(C) and is subject to all conditions contained in Planning
28 Commission Resolutions No. 6577, 6579, and 6580 for those other approvals
incorporated herein by reference.
PC RESO NO. 6578 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
B. MONTGOMERY,,
CARLSBAD PLANN^fG CO?
ATTEST:
rperson
SIGN
DON NEU
Planning Director
PC RESO NO. 6578 -4-
GPA01-02 La Costa Town Square
July 1, 2009
EXISTING
PROPOSED
Related Case File No(s): EIR 01-02 / MP 149(R) / LFMP 87-11(C) / CT 01-09 / CT 08-03 / CT
08-07 / CP 01-03 / PUD 08-09 / HDP 01-05 / SDP 01-03 / SDP 01-04 / V 08-02 / CUP 04-18 /
CUP 08-01 / CUP 08-02 / CUP 08-03 / CUP 08-04 / CUP 08-05 / CUP 08-06 / CUP 08-07
Property/Legal Description(s):
Property/Legal Description(s): A portion of Section 31, Township 12 South and a portion of Section 6,
Township 13 South, Range 3 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of
Rancho Las Encinitas according to map thereof No. 848, in the City of Carlsbad, County of San Diego,
State of California.
General Plan Map Designation Changes
Property
A.
B.
C.
D.
223-050-68-00
223-050-70-00
223-060-31-00
223-060-32-00
From:
RLM
OS / RLM
0 / OS / RLM
L / O / OS / RLM
To:
OS/RH
L / OS / RLM
L7RH
L / O / OS / RLM
1 PLANNING COMMISSION RESOLUTION NO. 6579
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LA COSTA
4 MASTER PLAN TO CHANGE THE LAND USE AND
UNDERLYING ZONING FROM LOCAL SHOPPING CENTER
AND OFFICE TO RESIDENTIAL HIGH DENSITY AND OPEN
6 SPACE ON 9.96 ACRES OF LAND, REDUCE THE ACREAGE
OF OFFICE USE REQUIRED, REDISTRIBUTE LOCAL
7 SHOPPING CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM
LAND, AND OPEN SPACE USES TO REFLECT THE
8 PROJECT DESIGN, ASSOCIATED TEXT CHANGES, AND
o DELETION OF BUILDING HEIGHT AND SIGN PROVISIONS
TO THE LA COSTA MASTER PLAN GENERALLY LOCATED
10 NORTHERLY AND EASTERLY OF THE LA COSTA
AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
11 IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
FACILITIES MANAGEMENT ZONE 11.
12 CASE NAME: LA COSTA TOWN SQUARE
13 CASE NO: MP 149rR)
14 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
15 verified application with the City of Carlsbad regarding property described as
A portion of Section 31, Township 12 South and a portion of
17 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
18 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
20 ("the Property"); and
21 WHEREAS, said verified application constitutes a request for a Master Plan
22 Amendment as shown on Exhibit "X" dated July 1, 2009, on file in the Carlsbad Planning
23 Department, LA COSTA TOWN SQUARE - MP149(R), as provided by MP 149(U) and
24
Chapter 21.38 of the Carlsbad Municipal Code; and
25
WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
26
27 consider said request; and
28
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
3
relating to the Master Plan Amendment; and
4
5 WHEREAS, on September 5, 1972, the City Council approved, MP 149, and
6 City Council Resolution No. 9322; and amended MP 149 most recently on August 16, 2006 as
7 described and conditioned in Planning Commission Resolution No. 6156.
8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
9 Commission of the City of 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 Commission
12 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - MP149(R)
13 based on the following findings and subject to the following conditions:
14 Findings:
15 1. The Planning Commission finds that the La Costa Master Plan Amendment, as
,,- conditioned herein, is in conformance with the Elements of the City's General Plan,
based on the facts set forth in the staff report dated July 1, 2009 including, but not
17 limited to the following: That the La Costa Master Plan, as revised, continues to
provide Local Shopping Center, Office, Residential Low-Medium and Open Space
18 Land Uses; That the Master Plan is being revised to change Local Commercial,
Office Residential Low-Medium and Open Space to Residential High density to
meet regional housing needs; That the Residential High density is appropriate and
2Q compatible with adjacent residential single family land uses in that adequate
separation in the form of open space between uses is provided; That the Master
21 Plan is being revised to redistribute the Local Commercial, Office, Residential Low-
Medium, and Open Space land uses to reflect the design of the project; That the
22 Office area requirement, reduced from 25 percent minimum to 19 percent
00 minimum, continues to fulfill the intent to provide for Office specific uses for the La
Costa community; The commercial portion of the project allows office uses which
24 may increase the percentage of office uses; and that the building height for RM and
RMH land uses and sign sections of the La Costa Master Plan are deleted and refers
25 to the Zoning Ordinance for building height and sign standards.
2" 2. That all necessary public facilities can be provided concurrent with need, and adequate
27 provisions have been provided to implement those portions of the Capital Improvement
Program applicable to the subject property, in that the project Local Facilities
28 Management Plan Amendment includes an analysis of public facilities needed to
support the project and the project has been conditioned to provide the necessary
improvements concurrent with development.
PC RESO NO. 6579 -2-
3. That the proposed commercial, office and residential uses will be appropriate in area,
2 location, and overall design to the purpose intended, that the design and development are
such as to create an environment of sustained desirability and stability, and that such
3 development will meet performance standards established by Title 21, in that the
commercial component of the project is centrally located to serve the La Costa
4 community; that the office component, as modified, is adequate in size to meet the
- intent of the Master Plan by providing office uses specifically; and the Residential
Low Medium and High density Land Uses provide a variety of housing
6 opportunities; and that the project meets the development standards, with the
exception of the Sign Ordinance (for which a Variance is being requested).
7
4. That in the case of institutional, recreational, and other similar nonresidential uses, such
development will be proposed, and surrounding areas are protected from any adverse
o effects from such development, in that adequate buffers in the form of open space,
vertical, and horizontal separation, extensive landscaping, earthen berms, lighting
10 restrictions, and screen walls are provided to minimize impacts to adjacent uses.
11 5. That the streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon, in that all required roadway improvements are per the
recommendations of the traffic impact analysis report prepared by Urban Systems,
13 the Local Facilities Management Plan Zone 11, EIR 01-02, and as established by the
General Plan.
14
6. That any proposed commercial development can be-justified economically at the location
* -> proposed and will provide adequate commercial facilities of the types needed at such
* s location proposed, in that an extensive commercial study was prepared by the City of
Carlsbad and the La Costa Town Square site was established as a desirable location
17 for commercial services to satisfy the needs of the greater Carlsbad residents.
18 7. That the area surrounding the development is or can be planned and zoned in coordination
and substantial compatibility with the development, in that impacts from noise and light
sources have been adequately mitigated and adequate separation in the form of open
20 space, vertical, and horizontal separation, extensive landscaping, earthen berms,
lighting restrictions, and screen walls.
21
8. That appropriate measures are proposed to mitigate any adverse environmental impact as
22 noted in the Final Environmental Impact Report for the project as listed in the Candidate
Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and
Reporting Program.
24
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
25 contained in this resolution and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the
"" degree of the exaction is in rough proportionality to the impact caused by the project.
27 Conditions:
28
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Master Plan document(s) necessary to make them internally
PC RESO NO. 6579 -3-
consistent and in conformity with final action on the project. Development shall occur
2 substantially as shown in the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
3
2. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02 and LFMP 87-11(C) and is subject to all conditions contained in Planning
<- Commission Resolutions No. 6577, 6578, and 6580 for those other approvals
incorporated herein by reference.
6
3. Prior to the issuance of any permits for the project, the applicant shall submit to the
7 Planning Director a digital copy and a camera-ready master copy of the La Costa
Master Plan Amendment - MP 149(R), in addition to 5 bound copies.8
9 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."
12
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
13 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
14 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
I r follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
16
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
17 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
20"
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PC RESO NO. 6579 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONT|rOMERY|«airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6579 -5-
1 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING THE LA COSTA
MASTER PLAN AMENDMENT TO CHANGE THE LAND USE
4 AND UNDERLYING ZONING FROM LOCAL SHOPPING
CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM, AND OPEN
5 SPACE TO RESIDENTIAL HIGH DENSITY ON 9.96 ACRES OF
LAND, REDUCE THE ACREAGE OF OFFICE USE,
6 REDISTRIBUTE LOCAL SHOPPING CENTER, OFFICE,
RESIDENTIAL LOW-MEDIUM, AND OPEN SPACE LAND USES
7 TO REFLECT THE PROJECT DESIGN, ASSOCIATED TEXT
CHANGES, AND DELETE BUILDING HEIGHT AND SIGN
8 PROVISIONS TO THE LA COSTA MASTER PLAN ON LANDS
GENERALLY LOCATED NORTHERLY AND EASTERLY OF
9 THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD
INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
1U CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
1, CASE NAME: LA COSTA TOWN SQUARE
CASE NO.: MP 149(R)
WHEREAS, the City Council of the City of Carlsbad, California, has reviewed
13
and considered a Master Plan to guide the development of Commercial, Office and Residential
14
development for properties located within the La Costa Master Plan area so that they can be
15
regulated by proposed Master Plan 149(R), and
16
WHEREAS, the City Council did on the day of ,
2009, hold a duly noticed public hearing as prescribed by law to consider said request; and
1 o
j^ WHEREAS, said application constitutes a request for a Master Plan Amendment
20 consistent with Chapter 21.38 of the municipal code as shown on Exhibit "MP 149(R)",
21 incorporated herein by reference.
22 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
23 ordain as follows:
24 SECTION I: That Master Plan MP 149(R), on file in the Planning Department,
25 and incorporated herein by reference, is adopted. The La Costa Master Plan (MP 149(R) shall
sy/r
constitute the development plan for the property and all development within the plan area shall
27 conform to the plan.
28 ///
SECTION II: That the findings and conditions of the Planning Commission in
7 Planning Commission Resolution No. 6579 shall also constitute the findings and conditions of
3 the City Council.
4
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
5
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
6
published at least once in a publication of general circulation in the City of Carlsbad within
7
fifteen days after its adoption.8
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
. „ Council on the day of 2009, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
12 Carlsbad on the day of 2009, by the following vote, to wit:
13 AYES:
14 NOES:
15 ABSENT:
16 ABSTAIN:
17
18 APPROVED AS TO FORM AND LEGALITY
19
20 RONALD R. BALL, City Attorney
21 "
22
23 CLAUDE A. LEWIS, Mayor
24 „
ATTEST:25
26
2? LORRAINE M. WOOD, City Clerk
28
PC RESO NO. -2-
1 PLANNING COMMISSION RESOLUTION NO. 6580
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
3 APPROVAL OF AN AMENDMENT TO THE LOCAL
4 FACILITIES MANAGEMENT PLAN FOR ZONE 1 1 TO ADD
RESIDENTIAL HIGH DENSITY LAND USE DESIGNATION
5 AND THE REDISTRIBUTION OF LOCAL SHOPPING
CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM, AND
6 OPEN SPACE LAND USES GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
7 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
8 FACILITIES MANAGEMENT ZONE 1 1
CASE NAME: LA COSTA TOWN SQUARE
CASE NO.: _ LFMP 87-11CC) _
10 WHEREAS, LA COSTA TOWN SQUARE LLC has filed a verified application
11
with the City of Carlsbad which has been referred to the Planning Commission; and
12
WHEREAS, said application constitutes a request for a Local Facilities
13
Management Plan Amendment for Zone 11 (dated July 1, 2009, on file in the Planning
I 5 Department) and incorporated by this reference (collectively referred to as the "Local Facilities
16 Management Plan Amendments"), as provided in Section 21.90.125 of the Carlsbad Municipal
17 Code; and
18 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
19 hold a duly noticed public hearing as prescribed by law to consider said request; and
20 WHEREAS, at said public hearing, upon hearing and considering all testimony
21
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
22
relating to the Local Facilities Management Plan Amendment for Zone 11.
23
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2<r Commission of the City of Carlsbad as follows:
26 A) That the above recitations are true and correct.
_ _28
B) That based on the evidence presented at the public hearing, the
Commission RECOMMENDS APPROVAL of an amendment for Local
1 Facilities Management Plan - Zone 11, on file in the Planning
Department, based on the following findings and subject to the following
2 conditions:
-3 Findings:
4 1. That the Local Facilities Management Plan Amendment for Zone 11 is consistent with
5 Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), and with the
Citywide Facilities and Improvement Plan, in that it contains all matters required by
6 Section 21.90.110 and thereby ensures implementation of and consistency with the
General Plan and to protect the public health, safety, and welfare by ensuring that public
' facilities and improvements will be installed to serve new development prior to or
concurrently with need.
o
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
10 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
11
Conditions:
12
, -, 1. Approval is granted for an amendment to Local Facilities Management Plan - Zone 11 as
contained in the Plan titled Local Facilities Management Plan Zone 11, dated July 1, 2009,
14 on file in the Planning Department, and incorporated herein by reference. The amended
Zone 11 Local Facilities Management Plan, dated July 1, 2009 shall replace in its entirety,
15 the Zone 11 LFMP dated June 2000.
2. This approval is granted subject to the certification of EIR 01-02 and approval of GPA 01-
17 02 and MP 149(R) and is subject to all conditions contained in Planning Commission
Resolutions No. 6577, 6578, and 6579, for those other approvals incorporated herein by
reference.
19 3. Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital copy in a format acceptable to the City and a camera-ready
20 master copy of the Local Facilities Management Plan Zone 11 Plan (LFMP 87-11(C)),
in addition to five (5) bound copies.
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PASSED AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad on July 15, 2009, by the following vote, to wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONT<fOMERY$Kairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Planning Director
-3-10!
1 PLANNING COMMISSION RESOLUTION NO. 6581
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
4 APPROVAL OF CARLSBAD TRACT CT 01-09 TO
SUBDIVIDE 41.58 ACRES INTO 24 COMMERCIAL LOTS
AND ONE COMMON LOT ON PROPERTY GENERALLY
6 LOCATED NORTHERLY AND EASTERLY OF THE LA
COSTA AVENUE AND RANCHO SANTA FE ROAD
7 INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
8 CASE NAME: LA COSTA TOWN SQUARE
9 CASE NO.: CT01-09
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Tentative Tract
18 Map as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1,2009, on file in the Planning
19 Department LA COSTA TOWN SQUARE - CT 01-09, as provided by Chapter 20.12 of the
20 Carlsbad Municipal Code; and
21
WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22
hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
2" relating to the Tentative Tract Map.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - CT 01-09,
based on the following findings and subject to the following conditions:
3
Findings;
4
, 1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
5 applicable 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 lots
7 being created satisfy all minimum requirements of Titles 20 and 21 governing lot
sizes and configuration and have been designed to comply with all other applicable
regulations.
9
2. That the proposed project is compatible with the surrounding future land uses since
10 surrounding properties are designated Residential High Density (RH), Office (O), Open
Space (OS) and Residential Low-Medium Density (RLM) on the General Plan, in that
11 the Open Space Land Use creates an adequate buffer between the Commercial and
Residential Low Medium density Land Use and that Circulation Element roadways
separate the Residential High Density from the Local Shopping Center Land Use
13 designation.
14 3. That the site is physically suitable for the type and intensity of the development since the
site is adequate in size and shape to accommodate non-residential development at the
15 intensity proposed, in that the project site can accommodate the proposed
, , development while complying with all setback, lot coverage, parking, and height
development standards, except for monument signs, and public facilities
17 requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C.
Zoning Ordinance Title 21.
18
4. 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
2Q public at large, for access through or use of property within the proposed subdivision, in
that concurrent with recordation of the final map, the developer will vacate and
21 adjust any easements that conflict with proposed development.
22 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
6. 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
25 against the public service needs of the City and available fiscal and environmental
resources.
26
7. That the design of the subdivision and improvements are not likely to cause substantial
27 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is included in the Habitat Conservation Plan/Ongoing Multi-
Species Plan, and the project will implement the required mitigation measures
applicable to this site as identified in the La Costa Town Square EIR.
PCRESONO. 6581 -2-
8. That the discharge of waste from the subdivision will not result in violation of existing
2 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
3 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
4 System (NPDES) requirements.
9. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, and La Costa Master Plan
as amended based on the facts set forth in the staff report dated July 1, 2009 including,
but not limited to the following: the project will provide Local Commercial (L)
neighborhood-serving retail services to the La Costa community as well as other
local neighborhoods consistent with the General Plan and the La Costa Master Plan.
10. The project is consistent with the Citywide Facilities and Improvements Plan, the General
Plan, La Costa Master Plan, and the Local Facilities Management Plan for Zone 11 and
all City public facility policies and ordinances. The project includes elements or has been
11 conditioned to construct or provide funding to ensure that all facilities and improvements
regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks
12 and other recreational facilities; libraries; government administrative facilities; and open
space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
14
a. The project has been conditioned to provide proof from the Encinitas Union and
15 San Dieguito Union High School Districts that the project has satisfied its
obligation for school facilities.
16
,- b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
18
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
19 collected prior to the issuance of building permit.
20 11. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
22 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
23
12. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
25
13. That all necessary public facilities required by the Growth Management Ordinance will
26 be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
' improvements necessary to maintain compliance with the Growth Management
performance standards are contained within the Zone 11 LFMP and the project will
comply with the general and special conditions of the zone, and that there have been
previous developments approved in the La Costa Master Plan and Villages of La
PCRESONO. 6581 -3-
Costa Master Plan that have provided the necessary infrastructure to serve the
2 project.
3 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
4
- 15. 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
5 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
7
Conditions:
8
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or recordation of a final map, whichever occurs first.
10
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
11 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
*2 revoke or modify all approvals herein granted; deny or further condition issuance of all
,., future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
14 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
15 or a successor in interest by the City's approval of this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
YJ and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
18 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
~~ 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
21
4. If any condition for construction of any public improvements or facilities, or the payment
22 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
24 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
25
5. Developer shall implement, or cause the implementation of, the La Costa Town Square
26 EIR 01-02 Project Mitigation Monitoring and Reporting Program.
27 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
28 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
PCRESONO. 6581 -4-
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
2 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
3 (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
4 facility of electromagnetic fields or other energy waves or emissions. This obligation
<. survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
6
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
7 copy of the Tentative Map reflecting the conditions approved by the final decision-
making body.8
n 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
10 Districts that this project has satisfied its obligation to provide school facilities.
11 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
13
10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
14 01-02, MP 149(R), LFMP 87-11(C), PUD 08-09, HDP 01-05, and SDP 01-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
15 6579, 6580, 6585, 6586, and 6588 for those other approvals incorporated herein by
,,. reference,lo
17 11. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
18 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
2Q shall be placed on the Final Map.
21 12. Developer shall establish an owner's association (OA) and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
22 by the Planning Director prior to final map approval. Prior to issuance of a building
permit, the Developer shall provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the Department of Real Estate and the
24 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
25 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
2® favor of, or in which the City has an interest.
27 b. Notice and Amendment. A copy of any proposed amendment shall be provided to
28 the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
PCRESONO. 6581 -5-
c. Failure of Association to Maintain Common Area Lots and Easements. In the
2 event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
3 the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
4 written notice to the Association, with a copy thereof to the Owners in the Project,
e setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
6 (30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association's
7 Easements within the period specified by the City's notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
9 d. Special Assessments Levied by the City. In the event the City has performed the
10 necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costs
11 incurred by the City to perform such maintenance of the Common Area Lots and
or Association's Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails
13 to pay such invoice in full within the time specified, the City will pursue
collection against the Owners in the Project pursuant to the provisions of this
14 Section. Said invoice shall be due and payable by the Association within twenty
(20) days of receipt by the Association. If the Association shall fail to pay such
15 invoice in full within the period specified, payment shall be deemed delinquent
, f and shall be subject to a late charge in an amount equal to six percent (6%) of the
amount of the invoice. Thereafter the City may pursue collection from the
17 Association by means of any remedies available at law or in equity. Without
limiting the generality of the foregoing, in addition to all other rights and
18 remedies available to the City, the City may levy a special assessment against the
Owners of each Lot in the Project for an equal pro rata share of the invoice, plus
the late charge. Such special assessment shall constitute a charge on the land and
2Q shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power
21 to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any
22 Owner and his/her respective Lot for purposes of collecting such special
_- assessment in accordance with the procedures set forth in Article of this
Declaration.
24
e. Landscape Maintenance Responsibilities. The Owners Association and individual
25 lot or unit owner landscape maintenance responsibilities shall be as set forth in
Exhibit.26
27 13. 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
28 5.09.030, and 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 for Zone 11, pursuant to Chapter 21.90. All such
PCRESONO. 6581 -6-
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
2 approval will not be consistent with the General Plan and shall become void.
3 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
, parties and successors in interest that the City of Carlsbad has issued a(n) Tentative
Tract Map by Resolution No. 6581 on the property. Said Notice of Restriction shall
5 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
7 in the Notice of Restriction. The Planning Director has the authority to execute and
record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
9
15. Developer shall submit and obtain Planning Director approval of a Final Landscape and
10 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
13 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
14 project's building, improvement, and grading plans.
17. Developer shall provide bus stops to service this development at locations and with
. , reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
17 minimum include a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
18
Engineering;
2Q NOTE: Unless specifically stated in the condition, all of the following conditions, upon
the approval of this proposed subdivision, must be met prior to approval of a final map, building
21 or grading permit whichever occurs first.
22 General
23 18. Prior to hauling dirt or construction materials to or from any proposed construction site
24 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
25
19. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance.
28
20. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
PCRESONO. 6581 -7-
private improvements within this subdivision, including but not limited to private streets,
2 parking areas, utilities, street trees, sidewalks, landscaping, street lighting, raised
medians, enhanced paving, water quality treatment measures, low impact development
3 features, storm drain facilities, etc. located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this
subdivision.
21. There shall be one Final Map recorded for this project.
6
22. Developer shall install sight distance corridors at all street intersections and driveways in
7 accordance with City Engineering Standards.
° Fees/Agreements
9 23. Developer shall cause property owner to execute, and submit to the City Engineer for
10 recordation, a City Standard deed restriction on the property which relates to the
proposed cross lot drainage as shown on the tentative map. The deed restriction
11 document shall:
A. Clearly delineate the limits of the drainage course; and
,., B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
14 C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
15 damage to the underlying and adjacent properties or the creation of a public
nuisance.16
24. Developer shall cause property owner to apply for, execute, and submit, to the City
Engineer for recordation, an Encroachment Agreement covering pervious pavement,
18 enhanced paving, and private BMPs located over proposed storm drain easements as
shown on the tentative map. Developer shall pay processing fees per the City's latest fee
19 schedule.
20 25. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, Developer shall cause Owner to execute an Agreement to annex the
22 subject property into City of SL&LD #2. The Agreement shall be in a form approved by
the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
23 property into SL&LD #2.
24 26. Developer shall cause property owner to execute and submit to the City Engineer for
25 recordation the City's standard form Street Tree Maintenance Agreement.
26 27. Prior to approval of the Final Map, Developer shall cause Property Owner to
execute and submit to the City for recordation a Prepayment Agreement with the
' City for prepayment of the obligation for funding to improve Rancho Santa Fe
Road, which will satisfy the special condition in the Zone 11 LFMP requiring a
financing plan guaranteeing construction of Rancho Santa Fe Road. The
Prepayment Agreement shall be in a form to the satisfaction of the City Attorney
PCRESONO. 6581 -8-
and City Engineer.
2
Grading
3
28. Based upon a review of the proposed grading and the grading quantities shown on the
4 tentative map, 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.
6
29. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
7 shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.8
o 30. Supplemental grading plans may be required for precise grading associated with
subsequent phases of development of this project. Developer shall prepare, and submit
10 for approval, grading plans for the precise grading as shown on the tentative map all
subject to City Engineer approval.
11
31. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
j 3 operation, all geologic corrective measures as actually constructed and must be based on
a contour map which represents both the pre and post site grading. The plan shall be
14 signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
1fi 32. This project requires off site grading. No grading for private improvements shall occur
outside the project unless Developer obtains, records, and submits a recorded copy, to the
17 City Engineer, a temporary grading, construction or slope easement or agreement from
the owners of the affected properties. If Developer is unable to obtain the temporary
18 grading or slope easement, or agreement, no grading permit will be issued. In that case
Developer must either apply for and obtain an amendment of this approval or modify the
plans so grading will not occur outside the project and apply for and obtain a finding of
20 substantial conformance and/or consistency determination from both the City Engineer
and Planning Director.
21
33. Developer shall comply with the City's Storm water Regulations, latest version, and shall
22 implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
24 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
25 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
27 34. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
28
35. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
PCRESONO. 6581 -9-
1 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
2 and provisions established by the San Diego Region of the California Regional Water
Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
3 address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
4
, 36. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
6 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
7 Municipal Code all to the satisfaction of the City Engineer.
o0 37. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
10 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
j 3 volume, peak flow rate, velocity and pollutants.
14 38. Developer shall submit documentation, subject to City Engineer approval, demonstrating
how this project complies with hydromodification requirements per the City's SUSMP,
latest version. Documentation shall be included within the Storm Water Management
16 Plan (SWMP).
17 Dedications/Improvements
18 39. Prior to recordation of the final map, Developer shall make application for
easements to be vacated, quitclaimed, or abandoned to the satisfaction of the City
Engineer.
20 40. Developer shall cause Owner to dedicate to the City and/or other appropriate entities
21 easements for Public Street & Public Utility, Drainage and Public Utility purposes as
shown on the Tentative Map. The offer shall be made by a certificate on the Final Map or
22 by separate recorded document as required by the City or each District. All land so
offered shall be free and clear of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated. Additional easements
24 may be required at final design to the satisfaction of the City Engineer.
25 41. Developer shall design the private streets, as shown on the Tentative Map to the
satisfaction of the City Engineer. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests. All private streets shall be
27 inspected by the City. Developer shall pay the standard improvement plan check and
inspection fees for private streets.
28 42. Developer shall design the private drainage systems, as shown on the Tentative Map to
the satisfaction of the City Engineer. All private drainage systems (12" diameter storm
PCRESONO. 6581 -10-
drain and larger) shall be inspected by the City. Developer shall pay the standard
2 improvement plan check and inspection fees for private drainage systems.
3 43. Developer shall prepare and process public improvement plans and, prior to City
Engineer approval of said plans, shall execute a City standard Subdivision Improvement
4 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the Tentative Map. Said improvements shall be
installed to City Standards to the satisfaction of the City Engineer. These improvements
/: include, but are not limited to:
7 A. Frontage improvements to Rancho Santa Fe Road including parkway and full
median improvements, irrigation, landscaping, pavement striping, lane widening,
8 and utility relocation.
B. Frontage improvements to the north side of La Costa Avenue including parkway
" improvements, pavement striping, lane widening, and utility relocation.
C. NCTD bus turnout on north side of Rancho Santa Fe Road at Paseo Lupino.
D. NCTD bus turnout on south side of Rancho Santa Fe Road at La Costa Avenue.
11 E. Temporary and permanent storm drain improvements including private detention
facilities if required to mitigate hydromodification requirements of the City's
12 SUSMP, latest version.
F. Interconnect the traffic signals along Rancho Santa Fe Road between San
Elijo Road and Camino Alvaro by constructing approximately 3,600 linear
14 feet of 2-inch conduit with twisted-pair conductor between Camino Alvaro
and Camino de los Coches and providing and installing a traffic signal
15 master controller and wireless communication transceiver. With approval of
the City Traffic Engineer, wireless communication devices can be used in lieu
of the 2-inch conduit and twisted-pair conductors.
G. The sidewalk along the southerly side of Rancho Santa Fe Road between La
Costa Avenue and Paseo Lupino shall be located non-curb adjacent to the
1 g satisfaction of the City Engineer.
19 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
1i said agreement.
22 44. Prior to the approval of the Final Map the developer shall pay a fair share
contribution for improvements to the intersection of Rancho Santa Fe Road and San
Marcos Boulevard located in the City of San Marcos. The fair share contribution,
». per the Caltrans Method for Calculating Equitable Mitigation Measures, has been
determined to be $22,752 based on a 2.05% cumulative impact of the project traffic
25 through the intersection and the Private Developers Obligations ($1,080,000) of the
intersection improvements as shown in the San Marcos FY 2009-2010 Capital
26 Improvement Project Detail. Project fair share contribution to be adjusted at time
of payment based on the Engineering News Record (ENR) Index.
45. Developer shall prepare and process improvement plans and, prior to approval, 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 signal improvements.
PCRESONO. 6581 -11-
Said improvements shall be installed to City Standards to the satisfaction of the City
2 Engineer. More specifically, these signal improvements include but are not limited to
constructing a new fully actuated traffic signal including all appurtenances and traffic
3 signal interconnect conduit and cable at the intersection of La Costa Avenue and
Levante Street.
4
<. Developer shall install the traffic signal only with written authorization from the City
Engineer. Developer shall pay the standard improvement plan check and inspection fees.
5 Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
7 said agreement. The developer/owner may be eligible for partial reimbursement from the
City. A reimbursement agreement must be approved by the City prior to the final map
recordation.
9 46. Developer shall prepare and process improvement plans and, prior to approval, shall
10 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 signal improvements
11 shown on the Tentative Map. Said improvements shall be installed to City Standards to
the satisfaction of the City Engineer. More specifically, these signal improvements
include but are not limited to modifying the existing traffic signal including all
13 appurtenances and traffic signal interconnect conduit and cable at the intersection of
Rancho Santa Fe Road and Paseo Lupino / Via Mercado.
14
Developer shall pay the standard improvement- plan check and inspection fees.
1 $ Improvements listed above shall be constructed within 18 months of approval of the
,,- subdivision or development improvement agreement or such other time as provided in
said agreement.
17
47. Developer shall prepare and process improvement plans and, prior to approval, shall
18 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 signal improvements
shown on the Tentative Map. Said improvements shall be installed by Developer to City
2Q Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to modifying the existing traffic signal
21 including all appurtenances and traffic signal interconnect conduit and cable at the
intersection of La Costa Avenue and Rancho Santa Fe Road.
22
Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
24 subdivision or development improvement agreement or such other time as provided in
said agreement.
25
48. Developer shall prepare and process improvement plans and, prior to approval, shall
2" execute a City standard Subdivision Improvement Agreement to install and shall post
27 security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed by Developer to City
28 Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to constructing a new fully actuated traffic
signal including all appurtenances and traffic signal interconnect conduit and cable at the
PCRESONO. 6581 -12-
intersection of La Costa Avenue and Via Mercado. Developer shall install the traffic
2 signal only with written authorization from the City Engineer
3 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
- said agreement.
5 49. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a City standard Subdivision Improvement Agreement to install and shall post
7 security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed by Developer to City
Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to constructing a new fully actuated traffic
signal including all appurtenances and traffic signal interconnect conduit and cable at the
10 intersection of La Costa Avenue and Calle Timiteo.
11 Developer shall install the traffic signal only with written authorization from the City
Engineer. Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
13 subdivision or development improvement agreement or such other time as provided in
said agreement.
14
50. Developer shall prepare and process improvement plans and, prior to approval, 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 signal improvements
shown on the Tentative Map. Said improvements shall be installed by Developer to City
17 Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to constructing a new fully actuated traffic
18 signal including all appurtenances and traffic signal interconnect conduit and cable at the
intersection of La Costa Avenue and Camino De Los Coches.
20 Developer shall install the traffic signal only with written authorization from the City
Engineer. Developer shall pay the standard improvement plan check and inspection fees.
21 Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
22 said agreement. The developer/owner may be eligible for partial reimbursement from the
City's Traffic Impact Fee program. A reimbursement agreement must be approved by the
City prior to the final map recordation.
24
51. Developer shall cause Owner to waive direct access rights on the final map for all lots
25 abutting Rancho Santa Fe Road and La Costa Ave., except locations as shown on the
tentative map.
26 F
27 52. Rancho Santa Fe Road shall be dedicated by Owner along the project frontage based on
a street center line to right-of-way width of 63-feet (plus additional right of way for
28 turn lanes, bus turnouts, utility services and transitions) as shown on the Tentative
Map and in conformance with City of Carlsbad Standards.
PCRESONO. 6581 -13-
53. La Costa Avenue shall be dedicated by Owner along the project frontage based on a
2 street center line to right-of-way width of 42-feet (plus additional right of way for turn
lanes, bus turnouts, utility services and transitions) as shown on the Tentative Map
3 and in conformance with City of Carlsbad Standards.
4 54. Developer shall design, and obtain approval from the City Engineer, the structural section
- for 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
5 completion of 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
7 approval of the City Engineer.
o 55. Developer shall provide all-weather maintenance access roads to the public drainage
o facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the City
Engineer. Where maintenance access roads are not practical and/or permitted, Developer
10 shall incorporate low-maintenance design features to the satisfaction of the City
Engineer.
11
Non-Mapping Notes
13 56. Add the following notes to the final map as non-mapping data:
14 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
*-> improvements shown on the tentative map. These improvements include, but are
, f not limited to:lo
17 1. Frontage improvements to Rancho Santa Fe Road including parkway and full
median improvements, irrigation, landscaping, pavement striping, lane
18 widening, and utility relocation.
2. Frontage improvements to the north side of La Costa Avenue including
2Q parkway and median reconstruction (if necessary), pavement striping, lane
widening, and utility relocation.
21 3. NCTD bus turnout on north side of Rancho Santa Fe Road at Paseo Lupino.
4. NCTD bus turnout on south side of Rancho Santa Fe Road at La Costa
22 Avenue.
5. Temporary and permanent storm drain improvements including private
detention facilities if required to meet hydromodification requirements of the
24 City's SUSMP, latest version.
25 B. 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
" signal improvements shown on the Tentative Map. These signal improvements
27 include but are not limited to Modifying or constructing new fully actuated traffic
signals including all appurtenances and traffic signal interconnect conduits and
28 cables, at the intersection of La Costa Avenue and Rancho Santa Fe Road and
Rancho Santa Fe Road and Paseo Lupino/via Mercado.
PCRESONO. 6581 -14-
C. Developer has executed a City standard Subdivision Improvement Agreement and
2 has posted security in accordance with C.M.C. Section 20.16.070 to install public
signal improvements shown on the Tentative Map. These signal improvements
3 include but are not limited to constructing new fully actuated traffic signals
including all appurtenances and traffic signal interconnect conduits and cables, at
the intersections of La Costa Avenue and Via Mercado, La Costa Avenue and
- Calle Timiteo, and La Costa Avenue and Camino de los Coches.
5 D. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
7
E. Geotechnical Caution:8
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
10 any action that may arise through any geological failure, ground water
seepage or land subsidence and subsequent damage that may occur on, or
adjacent to, this subdivision due to its construction, operation or maintenance.
12 F. No structure, fence, wall, tree, shrub, sign, or other object may be placed or
13 permitted 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
14 standards.
G. 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 arise through any diversion of waters, the alteration of the normal flow
17 of surface waters or drainage, or the concentration of surface waters or drainage
from the drainage system or other improvements identified in the City approved
18 development plans; or by the design, construction or maintenance of the drainage
system or other improvements identified in the City approved development plans.
20 Utilities
21 57. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
22 hydrants, if proposed, shall be considered public improvements and shall be served by
-, public water mains to the satisfaction of the District Engineer.
24 58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
25
59. 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
27 Department for processing and approval.
28 60. The Developer shall meet with and obtain approval from the Leucadia Wastewater
District regarding sewer infrastructure available or required to serve this project.
PCRESONO. 6581 -15-
61. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
2 District regarding potable water infrastructure available or required to serve this project.
3 62. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding recycled water infrastructure available or required to serve this project.
4
i- Code Reminders:
5 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
7
63. This Tentative Map shall expire three years from the date on which the City Council
° voted to approve this application.
9 64. Some improvements shown on the tentative map and/or required by these conditions are
10 located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
11 The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
13 requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
14
65. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad
15 Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff
report and shown on the Tentative Map are for planning purposes only.16
17 66. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
18
67. Developer shall pay a landscape plancheck and inspection fee as required by Section
I9 20.08.050 of the Carlsbad Municipal Code.
20 68. Approval of this request shall not excuse compliance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
22
69. The project shall comply with the latest nonresidential disabled access requirements
23 pursuant to Title 24 of the California Building Code.
24
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PCRESONO. 6581 -16-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15,2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELLB. MONTG
CARLSBAD PLANN
ATTEST:
:rson
ION
DON NEU
Planning Director
PCRESONO. 6581 -17-
1 PLANNING COMMISSION RESOLUTION NO. 6582
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 08-03 TO
4 SUBDIVIDE 24.39 ACRES INTO 64 RESIDENTIAL LOTS
AND FOUR OPEN SPACE LOTS ON PROPERTY
GENERALLY LOCATED NORTHERLY AND EASTERLY OF
6 THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD
INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
7 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
8 CASE NO.: CT 08-03
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
13 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
17
Map as shown on Exhibits "A" - "K" for CT 08-03 dated July 1, 2009, on file in the Planning
18
Department LA COSTA TOWN SQUARE - CT 08-03, as provided by Chapter 20.12 of the
20 Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25
relating to the Tentative Tract Map.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL OF LA COSTA TOWN SQUARE - CT 08-
03, based on the following findings and subject to the following conditions:
3
Findings;
4
. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
5 applicable 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 lots
7 being created satisfy all minimum requirements of Titles 20 and 21 governing lot
sizes and configuration and have been designed to comply with all other applicable
° regulations.
9
2. That the proposed project is compatible with the surrounding future land uses since
1 o surrounding properties are designated Local Shopping Center (L), Office(O), Open
Space (OS) and Residential Low-Medium Density (RLM) on the General Plan, in that
the Open Space Land Use creates an adequate buffer between the Commercial,
Office and Residential Low Medium density Land Uses.
J. £*
13 3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
14 proposed, in that the project site can accommodate the proposed development while
complying with all setback, lot coverage, parking, and height development
standards and public facilities requirements specified in the La Costa Master Plan,
1, LFMP Zone 11 and C.M.C. Title 20 and 21.lo
17 4. 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
18 public at large, for access through or use of property within the proposed subdivision, in
that concurrent with recordation of the final map, the developer will vacate and
" adjust any easements that conflict with proposed development.
20 5. That the property is not subject to a contract entered into pursuant to the Land
21 Conservation Act of 1965 (Williamson Act).
22 6. 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
23 against the public service needs of the City and available fiscal and environmental
resources.
7. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
26 habitat, in that the site is included in the Habitat Conservation Plan/Ongoing Multi-
Species Plan, and the project will implement the required mitigation measures
27 applicable to this site as identified in the La Costa Town Square EIR.
8. 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 accordance with Best Management Practices for water quality
PCRESONO. 6582 -2-
protection in accordance with the City's sewer and drainage standards and the
2 project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
3
9. The Planning Commission finds that the project, as conditioned herein, is in
4 conformance with the Elements of the City's General Plan, and La Costa Master Plan
as amended based on the facts set forth in the staff report dated July 1, 2009 including,
but not limited to the following: the project will provide Low-Medium Residential
g density Land Use consistent with the General Plan and the La Costa Master Plan.
7 10. The project is consistent with the Citywide Facilities and Improvements Plan, the General
Plan, La Costa Master Plan, and the Local Facilities Management Plan for Zone 11 and
8 all City public facility policies and ordinances. The project includes elements or has been
conditioned to construct or provide funding to ensure that all facilities and improvements
regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks
JQ and other recreational facilities; libraries; government administrative facilities; and open
space, related to the project will be installed to serve new development prior to or
11 concurrent with need. Specifically,
12 a. The project has been conditioned to provide proof from the Encinitas Union
Elementary and San Dieguito Union High School Districts that the project has
satisfied its obligation for school facilities.
14 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
15 will be collected prior to issuance of building permit.
16 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
, - collected prior to the issuance of building permit.
18 11. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
19 requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
21 12. This project has been conditioned to comply with any requirement approved as part of the
22 Local Facilities Management Plan for Zone 11.
23 13. That all necessary public facilities required by the Growth Management Ordinance will
. be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
25 improvements necessary to maintain compliance with the Growth Management
performance standards are contained within the Zone 11 LFMP and the project will
26 comply with the general and special conditions of the zone, and that there have been
previous developments approved in the La Costa Master Plan and Villages of La
Costa Master Plan that have provided the necessary infrastructure to serve the
28 project.
PC RESO NO. 6582 -3-
14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
2 Code Section 14.28.020 and Landscape Manual Section I B).
3 15. 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
4 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
c Conditions:o
7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or recordation of a final map, whichever occurs first.
8
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
11 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
12 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Tentative Tract Map.
14
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
15 and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
18 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.
19
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid, this approval shall be
22 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
23
5. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
25
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
2' 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 Tentative Tract Map,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
PCRESONO. 6582 -4-
(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
4
<- 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision-
5 making body.
7 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
Districts that this project has satisfied its obligation to provide school facilities.
9 9. This project shall comply with all conditions and mitigation measures which are required
10 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
11
10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
12 01-02, MP 149(R), LFMP 87-11(C), and HDP 01-05, and is subject to all conditions
13 contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, and 6586
for those other approvals incorporated herein by reference.
14
11. Building permits will not be issued for this project unless the local agency providing
*5 water and sewer services to the project provides written certification to the City that
« , adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
17 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
18
12. 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
2Q 5.09.030, and 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
21 Local Facilities Management Plan fee for Zone 11, 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
22 approval will not be consistent with the General Plan and shall become void.
23 13. Prior to the approval of the final map for any phase of this project, or where a map is not
24 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 purchase
25 10 affordable housing credits in the Villa Loma housing project. The draft
Affordable Housing Agreement shall be submitted to the Planning Director no later than
60 days prior to the request to final the map. The recorded Affordable Housing
27 Agreement shall be binding on all future owners and successors in interest.
28 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
PCRESONO. 6582 -5-
parties and successors in interest that the City of Carlsbad has issued a(n) Tentative
2 Tract Map by Resolution No. CT 08-03 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
3 and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The Planning Director has the authority to execute
4 and record an amendment to the notice which modifies or terminates said notice upon a
<. showing of good cause by the Developer or successor in interest.
g 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
7 the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
9 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
10 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
11
17. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
13 by the Planning Director prior to final map approval. Prior to issuance of a building
permit, the Developer shall provide the Planning Department with a recorded copy of the
14 official CC&Rs that have been approved by the Department of Real Estate and the
Planning Director. At a minimum, the CC&Rs shall'contain the following provisions:
,,- 1. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
17 of, or in which the City has an interest.
18 2. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
2Q within 30 days for the official record.
21 3. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the "Common Area Lots and/or the
22 Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
24 Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
25 same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
" maintenance of the Common Area Lots and/or Association's Easements within the
27 period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
28 Owners as provided herein.
PCRESONO. 6582 -6-
4. Special Assessments Levied by the City. In the event the City has performed the
2 necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
3 City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
, full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
6 payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
7 payment shall be deemed delinquent and shall be subject to a late charge in an
amount equal to six percent (6%) of the amount of the invoice. Thereafter the City
may pursue collection from the Association by means of any remedies available at
law or in equity. Without limiting the generality of the foregoing, in addition to all
other rights and remedies available to the City, the City may levy a special
10 assessment against the Owners of each Lot in the Project for an equal pro rata share
of the invoice, plus the late charge. Such special assessment shall constitute a charge
on the land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
j 3 and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
14 in accordance with the procedures set forth in Article of this Declaration.
5. Landscape Maintenance Responsibilities. The owners association and individual lot
,,- or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit
17..
18. Developer shall provide bus stops to service this development at locations and with
18 reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
minimum include a bench and a pole for the bus stop sign. The facilities shall be
2Q designed to enhance or be consistent with basic architectural theme of the project.
21 19. Developer shall install the noise wall along the Rancho Santa Fe Road frontage in
accordance with the noise study prepared for the project and mitigation measure
22 contained within EIR 01-02. The noise wall shall be of same design, color, and
~. materials as the adjacent noise wall to the north within the Villages of La Costa
project.
24
20. Developer shall install a non-curb adjacent meandering sidewalk along the Rancho
25 Santa Fe Road frontage to meet up with and continue the existing sidewalk to the
north within the Villages of La Costa project.
Engineering Conditions
28 NOTE: Unless specifically stated in the condition, all of the following conditions, upon
the approval of this proposed subdivision, must be met prior to approval of a final map, building
or grading permit whichever occurs first.
PC RESO NO. 6582 -7-
General
2 21. Prior to hauling dirt or construction materials to or from any proposed construction site
3 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
4
- 22. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
5 determined that adequate water and sewer facilities are available at the time of permit
issuance.
7
23. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's
and/or other recorded document, addressing the maintenance, repair, and replacement of
o shared private improvements within this subdivision, including but not limited to private
utilities, street trees, walkways, landscaping, retaining walls, sound walls, raised
10 medians, traffic calming devices, water quality treatment measures, low impact
development features, storm drain facilities, etc. located therein and to distribute the costs
11 of such maintenance in an equitable manner among the owners of the properties within
this subdivision.
13 24. There shall be one Final Map recorded for this project.
14 25. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
j, Fees/Agreements
17 26. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless
18 Agreement.Developer shall cause property owner to execute and submit to the City
Engineer for recordation the City's standard form Drainage Hold Harmless
Agreement.Developer shall cause property owner to process, execute and submit an
2Q executed copy to the City Engineer for recordation a City standard Permanent
Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual
21 maintenance of all treatment control, applicable site design and source control, post-
construction permanent Best Management Practices prior to the issuance of a grading
22 permit or building permit, or the recordation of a final map, whichever occurs first for
this Project.Developer shall cause property owner to execute, and submit to the City
Engineer for recordation, a City Standard deed restriction on the property which relates to
24 the proposed cross lot drainage as shown on the tentative map. The deed restriction
document shall:
25
A. Clearly delineate the limits of the drainage course; and
2" B. State that the drainage course is to be maintained in perpetuity by the underlying
27 property owner; and
C. State that all future use of the property along the drainage course will not restrict,
28 impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
nuisance.
PCRESONO. 6582 -8-
27. Developer shall cause property owner to apply for, execute, and submit, to the City
2 Engineer for recordation, an Encroachment Agreement covering private traffic calming
devices, retaining or sound walls, foundations, pedestrian walkways, slopes irrigation and
3 landscaping and private BMPs located over proposed public right-of-way or proposed
public easements as shown on the tentative map. Developer shall pay processing fees per
the City's latest fee schedule.
28. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, Developer shall cause Owner to execute an Agreement to annex the
7 subject property into City of SL&LD #2. The Agreement shall be in a form approved by
the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
8 property into SL&LD #2.
9 29. Developer shall cause property owner to execute and submit to the City Engineer for
10 recordation the City's standard form Street Tree Maintenance Agreement.
11 30. Prior to approval of the Final Map, Developer shall cause Property Owner to
execute and submit to the City for recordation a Prepayment Agreement with the
City for prepayment of the obligation for funding to improve Rancho Santa Fe
13 Road, which will satisfy the special condition in the Zone 11 LFMP requiring a
financing plan guaranteeing construction of Rancho Santa Fe Road. The
14 Prepayment Agreement shall be in a form to the satisfaction of the City Attorney
and City Engineer.
, g Grading
17 31. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall prepare and
18 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.
20 32. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as
21 shown on the Tentative Map all subject to City Engineer approval.
22 33. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.
24
34. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
25 City 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 which represents both the pre and post site grading. The plan shall be
27 signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
28 35. This project requires off site grading. No grading for private improvements shall occur
outside the project unless Developer obtains, records, and submits a recorded copy, to the
PCRESONO. 6582 -9-
City Engineer, a temporary grading, construction or slope easement or agreement from
2 the owners of the affected properties. If Developer is unable to obtain the temporary
grading or slope easement, or agreement, no grading permit will be issued. In that case
3 Developer must either apply for and obtain an amendment of this approval or modify the
plans so grading will not occur outside the project and apply for and obtain a finding of
4 substantial conformance and/or consistency determination from both the City Engineer
, and Planning Director.
6 36. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
7 but are not limited to pollution treatment 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
o devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
10 notify prospective owners and tenants of the above requirements.
11 37. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
13 38. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
14 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
and provisions established by the San Diego Region of the California Regional Water
15 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
16 address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
17
39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
18 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
2Q Municipal Code all to the satisfaction of the City Engineer.
21 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
22 the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
24 techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to
25 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.26
2-7 41. Developer shall submit documentation, subject to City Engineer approval, demonstrating
how this project complies with hydromodification requirements per the City's SUSMP,
28 latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
PC RESO NO. 6582 -10-
Dedications/Improvements
2 42. Prior to recordation of the final map, developer shall make application for
3 easements to be vacated, quitclaimed, or abandoned to the satisfaction of the City
Engineer.
4
g. 43. Developer shall cause Owner to dedicate to the City and/or other appropriate entities
easements for the Public Streets, Drainage Facilities, and Public Utility purposes as
5 shown on the Tentative Map. The offer shall be made by a certificate on the Final Map or
by separate recorded document as required by the City or each District. All land so
7 offered shall be free and clear of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated. Additional easements
may be required at final design to the satisfaction of the City Engineer. If easements are
Q created by separate document, recording information shall be placed on the Final Map.
10 44. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain
11 and larger) shall be inspected by the City. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
13 45. Developer shall prepare and process public improvement plans and, prior to City
Engineer approval of said plans, shall execute a City standard Subdivision Improvement
14 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the Tentative" Map. Said improvements shall be
15 installed to City Standards to the satisfaction of the City Engineer. These improvements
, 6 include, but are not limited to:
17 A. Frontage improvements to Rancho Santa Fe Road including parkway and full
median improvements, irrigation, landscaping, pavement striping, lane widening,
18 and utility relocation.
B. Frontage improvements to the north side of La Costa Avenue including half street
overlay or reconstruction to comply with City Standards, pavement striping, lane
20 transitions, and utility relocation.
C. Public street and utility improvements to Sitio Lima, Paseo Tamarindo, and Street
21 "B".
D. Temporary and permanent offsite storm drainage improvements including
22 detention facilities if required to meet hydromodification requirements of the
City's SUSMP, latest version.
24 Prior to submittal of improvement plans for La Costa Ave., the Engineer of Work
shall submit detailed cross sections for review and approval of proposed design.
25 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
2" subdivision or development improvement agreement or such other time as provided in
27 said agreement.
28 46. Prior to the approval of the Final Map the developer shall pay a fair share
contribution for improvements to the intersection of Rancho Santa Fe Road and
San Marcos Boulevard located in the City of San Marcos. The fair share
PC RESO NO. 6582 -11-
contribution, per the Caltrans Method for Calculating Equitable Mitigation
2 Measures, has been determined to be $744 based on a 0.07% cumulative impact of
the project traffic through the intersection and the Private Developers Obligations
3 ($1,080,000) of the intersection improvements as shown in the San Marcos FY 2009-
2010 Capital Improvement Project Detail. Project fair share contribution to be
4 adjusted at time of payment based on the Engineering News Record (ENR) Index.
47. Developer shall prepare and process improvement plans and, prior to approval, shall
5 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 signal improvements
7 shown on the Tentative Map. Said improvements shall be installed by Developer to City
Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to constructing a new fully actuated traffic
o signal including all appurtenances and traffic signal interconnect conduit and cable at the
intersection of La Costa Avenue and Camino De Los Coches. Developer shall install
10 the traffic signal only with written authorization from the City Engineer.
11 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
13 said agreement. The developer/owner may be eligible for partial reimbursement from the
City's Traffic Impact Fee program. A reimbursement agreement must be approved by
14 the City prior to the final map recordation.
15 48. Developer shall cause Owner to waive direct access rights on the final map for all lots
, fi abutting Rancho Santa Fe Road and La Costa Ave., except locations as shown on the
tentative map.
17
49. Rancho Santa Fe Road shall be dedicated by Owner along the project frontage based on a
18 street center line to right of way width of 63-feet (plus additional right of way for turn
lanes, bus turnouts, utility services and transitions) as shown on the Tentative Map and in
conformance with City of Carlsbad Standards.
20 50. La Costa Avenue shall be dedicated by Owner along the project frontage based on a
21 street center line to right of way width of 42-feet (plus additional right of way for turn
lanes, utility services and transitions) as shown on the Tentative Map and in conformance
22 with City of Carlsbad Standards.
23 51. Developer shall provide all-weather maintenance access roads to the public drainage
24 facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the City
Engineer. Where maintenance access roads are not practical and/or permitted, Developer
25 shall incorporate low-maintenance design features to the satisfaction of the City
Engineer.
27 Non-Mapping Notes
28 52. Add the following notes to the final map as non-mapping data:
A. Developer has executed a City standard Subdivision Improvement Agreement and
PCRESONO. 6582 -12-
has posted security in accordance with C.M.C. Section 20.16.070 obligating
2 Developer to install public improvements shown on the tentative map. These
improvements include, but are not limited to:
3
1. Frontage improvements to Rancho Santa Fe Road including parkway and full
4 median improvements, irrigation, landscaping, pavement striping, lane
- widening, and utility relocation.
2. Frontage improvements to the north side of La Costa Avenue including half
5 street overlay or reconstruction to comply with City Standards, pavement
striping, lane transitions, and utility relocation.
7 3. Public street and utility improvements to Sitio Lima, Paseo Tamarindo, and
Street "B".
4. Temporary and permanent offsite storm drainage improvements including
g detention facilities if required to mitigate hydromodification requirements of
the City's SUSMP, latest version.
10
B. Developer has executed a City standard Subdivision Improvement Agreement and
11 has posted security in accordance with C.M.C. Section 20.16.070 to install public
signal improvements shown on the Tentative Map. These signal improvements
include but are not limited to constructing a new fully actuated traffic signal
13 including all appurtenances and traffic signal interconnect conduit and cable, at
the intersection of La Costa Avenue and Camino De Los Coches.
14
C. Building permits will not be issued for development of the subject property unless
15 I the appropriate agency determines that sewer and water facilities are available.
D. Geotechnical Caution:
17
The owner of this property on behalf of itself and all of its successors in interest
18 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
subsidence and subsequent damage that may occur on, or adjacent to, this
2Q subdivision due to its construction, operation or maintenance.
21 E. No structure, fence, wall, tree, shrub, sign, or other object may be placed or
permitted to encroach within the area identified as a sight distance corridor as
22 defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans
standards.
24 F. 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
25 that may 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 drainage system or other improvements identified in the City approved
27 development plans; or by the design, construction or maintenance of the drainage
system or other improvements identified in the City approved development plans.
28
PC RESO NO. 6582 -13-
1 Utilities
2 53. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
3 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.
54. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
55. 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 processing and approval by the District Engineer.
9 56. The Developer shall meet with and obtain approval from the Leucadia Wastewater
10 District regarding sewer infrastructure available or required to serve this project.
11 57. 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.
I -, 58. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding recycled water infrastructure available or required to serve this project.
14
Code Reminders:
15
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
17 59. This tentative map shall expire three years from the date on which the City Council voted
18 to approve this application.
60. Some improvements shown on the tentative map and/or required by these conditions are
„,, located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
21 The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
22 Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
24 61. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad
25 Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff
report and shown on the Tentative Map are for planning purposes only.
26
62. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
28
63. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
PCRESONO. 6582 -14-
64. Approval of this request shall not excuse compliance with all applicable sections of the
2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
3
65. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
66. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
6 Code Section 18.04.320.
7 67. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
NOTICE10
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
\2 "fees/exactions."
13 You have 90 days from date of 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
,r 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
16 annul their imposition.
17 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
19 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
20 expired.
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PCRESONO. 6582 -15-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTEEmJ. MONTGOMERY,
CARLSBAD PLANNING COMM
ATTEST:
DONNEU
Planning Director
PCRESONO. 6582 -16-134
1 PLANNING COMMISSION RESOLUTION NO. 6583
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 08-07 TO
4 SUBDIVIDE 7.14 ACRES INTO 2 OFFICE LOTS
CONTAINING A MAXIMUM OF 60 AIRSPACE UNITS
GENERALLY LOCATED NORTHERLY AND EASTERLY OF
6 THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD
INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
7 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
8 CASE NO.: CT 08-07
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
j3 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
17
Map as shown on Exhibits "A"-"G" for CT 08-07 and Exhibits "A" - "LL" of CT 01-09 as
18
related to CT 08-07 dated July 1, 2009, on file in the Planning Department LA COSTA
20 TOWN SQUARE - CT 08-07, as provided by Chapter 20.12 of the Carlsbad Municipal Code;
21 and
22 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all testimony
25
and arguments, if any, of persons desiring to be heard, said Commission considered all factors26
27 relating to the Tentative Tract Map.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - CT 08-07,
based on the following findings and subject to the following conditions:
4 I
,. Findings:
5 1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
7 applicable 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 lots
being created satisfy all minimum requirements of Titles 20 and 21 governing lot
9 sizes and configuration and have been designed to comply with all other applicable
regulations.
10
2. That the proposed project is compatible with the surrounding future land uses since
11 surrounding properties are designated Local Shopping Center (L), Open Space (OS)
and Residential Low-Medium Density (RLM) on the General Plan, in that the Open
Space Land Use creates an adequate buffer between the Office and Residential Low
13 Medium density Land Use and that La Costa Avenue, a Circulation Element
roadway, separates the Residential Medium High Density from the Office Use
14 designation.
15 3. That the site is physically suitable for the type and intensity of the development since the
,, site is adequate in size and shape to accommodate non-residential development at the
intensity proposed, in that the project site can accommodate the proposed
17 development while complying with all setback, lot coverage, parking, and height
development standards and public facilities requirements specified in the La Costa
18 Master Plan, LFMP Zone 11 and C.M.C. Zoning Ordinance Title 21.
4. That the design of the subdivision or the type of improvements will not conflict with
2Q 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
21 that concurrent with recordation of the final map, the developer will vacate and
adjust any easements that conflict with proposed development.
22
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
24 6. That the Planning Commission has considered, in connection with the housing proposed
25 by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
26 resources.
27 7. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is included in the Habitat Conservation Plan/Ongoing Multi-
Species Plan, and the project will implement the required mitigation measures
applicable to this site as identified in the La Costa Town Square EIR.
PCRESONO. 6583 -2-
8
10
11
12
15
17
24
28
8. 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 accordance with 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 Pollution Discharge Elimination
System (NPDES) requirements.
9. The Planning Commission finds that the project, as conditioned herein, is in
10. The project is consistent with the Citywide Facilities and Improvements Plan, the General
satisfied its obligation for school facilities.16
will be collected prior to issuance of building permit.
18
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
conformance with the Elements of the City's General Plan, and La Costa Master Plan
as amended based on the facts set forth in the staff report dated July 1, 2009 including,
but not limited to the following: the project will provide Office (O) services to the La
Costa community as well as other local neighborhoods consistent with the General
Plan and the La Costa Master Plan.
Plan, La Costa Master Plan, and the Local Facilities Management Plan for Zone 11 and
all City public facility policies and ordinances. The project includes elements or has been
conditioned to construct or provide funding to ensure that all facilities and improvements
regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks
and other recreational facilities; libraries; government administrative facilities; and open
space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
14 a. The project has been conditioned to provide proof from the Encinitas Union
Elementary and San Dieguito Union High School Districts that the project has
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
collected prior to the issuance of building permit.
11. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
12. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
25
13. That all necessary public facilities required by the Growth Management Ordinance will
26 be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
' improvements necessary to maintain compliance with the Growth Management
performance standards are contained within the Zone 11 LFMP and the project will
comply with the general and special conditions of the zone, and that there have been
previous developments approved in the La Costa Master Plan and Villages of La
PCRESONO. 6583 -3-
Costa Master Plan that have provided the necessary infrastructure to serve the
2 project.
3 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
4
15. The Planning Commission has reviewed each of the exactions imposed on the Developer
f 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
7 degree of the exaction is in rough proportionality to the impact caused by the project.
8 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
i A grading permit or recordation of a final map, whichever occurs first.
11 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
12 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
14 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to .compel their compliance with said
15 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 Tentative Tract Map.
, _ 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
18 internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
19 different from this approval, shall require an amendment to this approval.
20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
21 regulations in effect at the time of building permit issuance.
22 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
23 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
25 with all requirements of law.
26 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
^' representatives, from and against any and all liabilities, losses, damages, demands, claims
2g 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 Tentative Tract Map,
(b) City's approval or issuance of any permit or action, whether discretionary or
PCRESONO. 6583 -4-
nondiscretionary, in connection with the use contemplated herein, and
2 (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
3 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
4 approval is not validated.
6. Developer shall implement, or cause the implementation of, the La Costa Town Square
5 EIR 01-02 Project Mitigation Monitoring and Reporting Program.
7 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision-
making body.
9 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
10 Director from the Encinitas Union Elementary and San Dieguito Union High School
Districts that this project has satisfied its obligation to provide school facilities.
11
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
13 that Plan prior to the issuance of building permits.
14 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(C), CP 01-03, HDP 01-05, and SDP 01-03 and is
15 subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
lfi 6579, 6580, 6584, 6586, and 6587 for those other approvals incorporated herein by
reference.
17
11. Building permits will not be issued for this project unless the local agency providing
18 water and sewer services to the project provides written certification to the City that
adequate water Service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
2Q facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
21
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
22 #17; the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and 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
24 Local Facilities Management Plan fee for Zone 11, 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
25 approval will not be consistent with the General Plan and shall become void.
2" 13. Developer shall submit to the City a Notice of Restriction executed by the owner of the
27 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
28 parties and successors in interest that the City of Carlsbad has issued a(n) Tentative
Tract Map by Resolution No. CT 08-07 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
PCRESONO. 6583 -5-
and all conditions of approval as well as any conditions or restrictions specified for
2 inclusion in the Notice of Restriction. The Planning Director has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
3 showing of good cause by the Developer or successor in interest.
14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
<- Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
6 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
7
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
10 16. Developer shall establish an owner's association and corresponding covenants, conditions
and restrictions (CC&Rs) for each lot. Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
permit, the Developer shall provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the Department of Real Estate and the
13 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
14 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
17 City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
18 within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
2Q that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
21 City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
22 Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
24 giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
25 period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
2" Owners as provided herein.
27 d. Special Assessments Levied by the City. In the event the City has performed the
28 necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
PC RESO NO. 6583 -6-
Easements. The City shall provide a copy of such invoice to each Owner in the
2 Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
3 the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
<- payment shall be deemed delinquent and shall be subject to a late charge in an
amount equal to six percent (6%) of the amount of the invoice. Thereafter the City
5 may pursue collection from the Association by means of any remedies available at
law or in equity. Without limiting the generality of the foregoing, in addition to all
7 other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal pro rata share
° of the invoice, plus the late charge. Such special assessment shall constitute a charge
o on the land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
10 and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article '_ of this Declaration.
j3 e. Landscape Maintenance Responsibilities. The owners association and individual lot
or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit
14
17. Developer shall provide bus stops to service this development at locations and with
1, reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
17 minimum include a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
18
Engineering:
2Q NOTE: Unless specifically stated in the condition, all of the following conditions, upon
the approval of this proposed subdivision, must be met prior to approval of a final map, building
21 or grading permit whichever occurs first.
22 General
23 18. Prior to hauling dirt or construction materials to or from any proposed construction site
24 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
25
19. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance.
28
20. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
PCRESONO. 6583 -7-
private improvements within this subdivision, including but not limited to private streets,
2 parking areas, utilities, street trees, walkways, landscaping, retaining walls, onsite
lighting, raised medians, , water quality treatment measures, low impact development
3 features, storm drain facilities, etc. located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this
subdivision.
21. There shall be one Final Map recorded for this project.
6
22. Developer shall install sight distance corridors at all street intersections and driveways in
7 accordance with City Engineering Standards.
o Fees/Agreements
9 23. Developer shall cause property owner to execute and submit to the City Engineer for
10 recordation, the City's standard form Geologic Failure Hold Harmless
Agreement.Developer shall cause property owner to execute and submit to the City
1 Engineer for recordation the City's standard form Drainage Hold Harmless Agreement.
24. 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 Practice Maintenance Agreement for the perpetual maintenance of all
14 treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of-a grading permit or building permit,
15 or the recordation of a final map, whichever occurs first for this Project.
25. Developer shall cause property owner to execute, and submit to the City Engineer for
17 recordation, a City Standard deed restriction on the property which relates to the
proposed cross lot drainage as shown on the tentative map. The deed restriction
18 document shall:
19 A. Clearly delineate the limits of the drainage course; and
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
«. C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
22 damage to the underlying and adjacent properties or the creation of a public
nuisance.
23
26. Prior to the approval of the Final Map the developer shall pay a fair share contribution for
- improvements to the intersection of Rancho Santa Fe Road and San Marcos Boulevard
- <. located in the City of San Marcos. The fair share contribution, per the Caltrans Method for
Calculating Equitable Mitigation Measures, has been determined to be $994 based on a
0.09% cumulative impact of the project traffic through the intersection and the Private
Developers Obligations ($1,080,000) of the intersection improvements as shown in the San
27 Marcos FY 2009-2010 Capital Improvement Project Detail. Project fair share contribution
to be adjusted at time of payment based on the Engineering News Record (ENR) Index.
28
27. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
PCRESONO. 6583 -8-
map for this project, Developer shall cause Owner to execute an Agreement to annex the
2 subject property into City of SL&LD #2. The Agreement shall be in a form approved by
the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
3 property into SL&LD #2.
4 28. Developer shall cause property owner to execute and submit to the City Engineer for
- recordation the City's standard form Street Tree Maintenance Agreement.
6 29. Prior to approval of the Final Map, Developer shall cause Property Owner to
execute and submit to the City for recordation a Prepayment Agreement with the
7 City for prepayment of the obligation for funding to improve Rancho Santa Fe
Road, which will satisfy the special condition in the Zone 11 LFMP requiring a
financing plan guaranteeing construction of Rancho Santa Fe Road. The
9 Prepayment Agreement shall be in a form to the satisfaction of the City Attorney
and City Engineer.
10
Grading
11
30. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall prepare and
13 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.
14
31. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
l-> shall pay all applicable grading permit fees per the City's latest fee schedule and shall
. s post security per City Code requirements.
17 32. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
18 operation, all geologic corrective measures as actually constructed and must be based on
a contour map 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
20 a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
21 33. This project requires off site grading. No grading for private improvements shall occur
outside the project unless Developer obtains, records, and submits a recorded copy, to the
22 City Engineer, a temporary grading, construction or slope easement or agreement from
, the owners of the affected properties. If Developer is unable to obtain the temporary
grading or slope easement, or agreement, no grading permit will be issued. In that case
24 Developer must either apply for and obtain an amendment of this approval or modify the
plans so grading will not occur outside the project and apply for and obtain a finding of
25 substantial conformance and/or consistency determination from both the City Engineer
and Planning Director.26
27 34. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
28 but are not limited to pollution treatment 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
PC RESO NO. 6583 -9-
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
2 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
3
35. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
36. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
7 and provisions established by the San Diego Region of the California Regional Water
Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
10 37. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
11 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
13 38. Developer shall incorporate Low Impact Development (LID) design techniques, on all
14 final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
., evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
17 (Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
18 volume, peak flow rate, velocity and pollutants.
39. Developer shall submit documentation, subject to City Engineer approval, demonstrating
2Q how this project complies with Interim Hydromodification requirements per the City's
SUSMP, latest version. Documentation shall be included within the Storm Water
21 Management Plan (SWMP).
22 Dedications/Improvements
23 40. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for
24 the Pedestrian Access purposes as shown on the Tentative Map. The offer shall be made
by a certificate on the Final Map or by separate recorded document as required for each
25 City or District. All land so offered shall be free and clear of all liens and encumbrances
and without cost to the City. Streets that are already public are not required to be
2" rededicated. Additional easements may be required at final design to the satisfaction of
the City Engineer.
28 41. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain
and larger) shall be inspected by the City. Developer shall pay the standard improvement
PC RESO NO. 6583 -10-
plan check and inspection fees for private drainage systems.
2 42. Developer shall prepare and process public improvement plans and, prior to City
3 Engineer 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 improvements shown on the Tentative Map. Said improvements shall be
installed to City Standards to the satisfaction of the City Engineer. These improvements
include, but are not limited to:
7 A. Sidewalk and pedestrian ramps.
B. Frontage improvements to the north side of La Costa Avenue including half
8 street overlay or reconstruction to comply with City Standards, standard
street cross section requirements, lane transitions, and utility relocation.
C. Storm drain improvements to connect private drainage systems to public
storm drain inlets or cleanouts.
D. Temporary and permanent offsite storm drainage improvements including
11 detention facilities if required to meet hydromodification requirements of the
City's SUSMP, latest version.
12
Prior to submittal of improvement plans for La Costa Ave., the Engineer of Work
shall submit detailed cross sections for review and approval of proposed design.
14 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
15 subdivision or development improvement agreement or such other time as provided in
said agreement.
16
17 43. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a City standard Subdivision Improvement Agreement to install and shall post
18 security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed by Developer to City
19 Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to constructing new fully actuated traffic signal
including all appurtenances and traffic signal interconnect conduit and cable at the
intersection of La Costa Avenue and Calle Timiteo. Developer shall install the traffic
signal only with written authorization from the City Engineer. Developer shall pay the
22 standard improvement plan check and inspection fees. Improvements listed above shall
be constructed within 18 months of approval of the subdivision or development
23 improvement agreement or such other time as provided in said agreement.
24 44. Developer shall prepare and process improvement plans and, prior to approval, shall
25 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 signal improvements
26 shown on the Tentative Map. Said improvements shall be installed by Developer to City
Standards to the satisfaction of the City Engineer. More specifically, these signal
^' improvements include but are not limited to constructing new fully actuated traffic signal
including all appurtenances and traffic signal interconnect conduit and cable at the
intersection of La Costa Avenue and Camino De Los Coches. Developer shall install
the traffic signal only with written authorization from the City Engineer. Developer shall
PC RESO NO. 6583 -11-
pay the standard improvement plan check and inspection fees. Improvements listed above
2 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
3
45. Developer shall cause Owner to waive direct access rights on the final map for all lots
4 abutting La Costa Avenue except the access opening as shown on the tentative map.
46. La Costa Avenue shall be dedicated by Owner along the project frontage based on a
5 street center line to right-of-way width of 42'-feet (plus additional right of way for
turn lanes, bus turnouts, utility services and transitions) as shown on the Tentative
7 Map and in conformance with City of Carlsbad Standards.
o Non-Mapping Notes
9 47. Add the following notes to the final map as non-mapping data:
10
A. Developer has executed a City standard Subdivision Improvement Agreement and
11 has posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
13 A. Sidewalk and pedestrian ramps
14 B. Frontage improvements to the north side of La Costa Avenue including half street
overlay or reconstruction to comply with City Standards, standard street cross
15 section requirements, lane transitions, and utility relocation.
,,- C. Storm drain improvements to connect private drainage systems to public storm
drain inlets or cleanouts.
17 D. Temporary and permanent offsite storm drainage improvements including
detention facilities if required to mitigate hydromodification requirements of the
18 City's SUSMP, latest version.
B. Developer has executed a City standard Subdivision Improvement Agreement and
2Q has posted security in accordance with C.M.C. Section 20.16.070 to install public
signal improvements shown on the Tentative Map. These signal improvements
21 include but are not limited to constructing a new fully actuated traffic signal
including all appurtenances and traffic signal interconnect conduit and cable, at the
22 intersection of La Costa Avenue and Calle Timiteo and La Costa Avenue and
Camino De Los Coches..
24 C. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
25 D. Geotechnical Caution:
2" The owner of this property on behalf of itself and all of its successors in interest
27 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
28 subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
PC RESO NO. 6583 -12-
E. No structure, fence, wall, tree, shrub, sign, or other object may be placed or
2 permitted 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
3 standards.
F. 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 arise through any diversion of waters, the alteration of the normal flow
6 of surface waters or drainage, or the concentration of surface waters or drainage
from the drainage system or other improvements identified in the City approved
7 development plans; or by the design, construction or maintenance of the drainage
system or other improvements identified in the City approved development plans.
8 Utilities
9 48. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
10 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.
12 49. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
j3 for connection to public facilities.
14 50. 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 processing and approval by the District Engineer.
51. The Developer shall meet with and obtain approval from the Leucadia Wastewater
17 District regarding sewer infrastructure available or required to serve this project.
18 52. 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.
2 A 53. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding recycled water infrastructure available or required to serve this project.
21
Code Reminders:
22
23 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
24
54. This tentative map shall expire three years from the date on which the City Council voted
to approve this application.
55. Some improvements shown on the tentative map and/or required by these conditions are
27 located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
28 The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
Developer shall demonstrate to the City Engineer its best efforts, and comply with the
PC RESO NO. 6583 -13-
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
2 City to successfully acquire said property by condemnation.
3 56. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad
Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff
4 report and shown on the Tentative Map Tentative Map are for planning purposes only.
57. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
, required by Chapter 20.44 of the Carlsbad Municipal Code.
7 58. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
8
59. Approval of this request shall not excuse compliance with all applicable sections of the
9 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
60. The project shall comply with the latest disabled access requirements pursuant to Title 24
11 of the California Building Code.
12 61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
13 62. Any signs proposed for this development shall at a minimum be designed in conformance
14 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
15
16 NOTICE
17 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 approval to protest imposition of these fees/exactions. If you
2Q 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
21 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
22 annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
24 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
25 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
26 expired.
27
28
PCRESONO. 6583 -14-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELLB. MONTGOMERY,
CARLSBAD PLANNING COMMI
ATTEST:
erson
ON
CLX,
DON NEU
Planning Director
PCRESONO. 6583 -15-If)
1 PLANNING COMMISSION RESOLUTION NO. 6584
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDOMINIUM PERMIT CP 01-03 FOR THE
4 DEVELOPMENT OF UP TO 60 AIRSPACE OFFICE UNITS ON
7.14 ACRES OF PROPERTY GENERALLY LOCATED ON
PROPERTY GENERALLY LOCATED NORTHERLY AND
6 EASTERLY OF THE LA COSTA AVENUE AND RANCHO
SANTA FE ROAD INTERSECTION IN THE SOUTHEAST
7 QUADRANT OF THE CITY IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
8 CASE NAME: LA COSTA TOWN SQUARE OFFICE
9 CASE NO.: CP 01-03
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Condominium
18 Permit as shown on Exhibits "A" - "G" of CT 08-07 and Exhibits "A" - "LL" of CT 01-09 as
19 related to CT 08-07 dated July 1, 2009, on file in the Planning Department, LA COSTA
20 TOWN SQUARE - CP 01-03, as provided by Chapter 21.45 of the Carlsbad Municipal Code;
21
and
22
WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
j-« J
24 hold a duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
2" and arguments, if any, of persons desiring to be heard, said Commission considered all factors
27 relating to the Condominium Permit.
28
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - CP 01-03,
based on the following findings and subject to the following conditions:
4
r Findings:
5 1. That the granting of this permit will not adversely affect and will be consistent with
the Municipal Code, the General Plan, applicable specific plans, master plans, and all
7 adopted plans of the City and other governmental agencies, in that the project is
consistent with the Office Land Use designation and La Costa Master Plan
° which identifies the site as an Office site and all development standards of the
n Office (O) Zone and Title 20 and 21 regulations governing subdivisions and the
design of Non-residential planned developments.
10
2. That the proposed use at the particular location is necessary and desirable to provide a
11 service or facility which will contribute to the general long-term well-being of the
neighborhood and community, in that the proposed non-residential planned
development will be compatible with the surrounding commercial, open space
13 and residential uses and will provide opportunities for services and employment
of local residents.
14
3. That such project will not be detrimental to the health, safety, or general welfare of
15 persons residing or working in the vicinity, or injurious to property or improvements
1fi in the vicinity, in that the Open Space Land Use creates an adequate buffer
between the Office and Residential Low Medium density Land Use and that La
17 Costa Avenue, a Circulation Element roadway, separates the Residential
Medium High Density from the Office Use designation. Access is provided at a
18 proposed signalized intersection of La Costa Avenue and Calle Timiteo.
4. The proposed nonresidential planned development meets all of the minimum
2Q development standards of the underlying zone, except for lot area in that the project
site can accommodate the proposed development while complying with all
21 setbacks, lot coverage, and height development standards and public facilities
requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C.
22 Title 21.
23 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
24 Code Section 14.28.020 and Landscape Manual Section I B).
25 6. 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
26 exactions are imposed to mitigate impacts caused by or reasonably related to the
project, and the extent and the degree of the exaction is in rough proportionality to the
impact caused by the project.
28
PCRESONO. 6584 -2-
Conditions;
2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 grading permit or recordation of a final map, whichever occurs first.
4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
6 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
7 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
° conditions or seek damages for their violation. No vested rights are gained by Developer
o or a successor in interest by the City's approval of this Condominium Permit.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Condominium Permit documents, as necessary to make them
11 internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 regulations in effect at the time of building permit issuance.
15 4. if any condition for construction of any public improvements or facilities, or the payment
. , of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
17 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
18 with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2Q harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
21 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 Condominium Permit,
22 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
24 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
25 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
26
27 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
28
7. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(C), CT 08-07, HDP 01-05, and SDP 01-03 and is
PCRESONO. 6584 -3-
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
2 6579, 6580, 6583, 6586, and 6587 for those other approvals incorporated herein by
reference.
3
8. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of final map recordation of CT 08-07.
*9. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
10. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
10 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
11 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
12 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
.., Local Facilities Management Plan fee for Zone 11, 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
14 approval will not be consistent with the General Plan and shall become void.
15 12. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Condominium
Permit by Resolution No. 6584 on the property. Said Notice of Restriction shall note the
18 property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
21
Code Reminders:
22
13. Developer shall pay a landscape plancheck and inspection fee as required by Section
23 20.08.050 of the Carlsbad Municipal Code.
24 14. Approval of this request shall not excuse compliance with all applicable sections of the
25 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
26
15. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
28
PC RESO NO. 6584 -4-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
CARLSBAD PLANNING COMM
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6584 -5-
1 PLANNING COMMISSION RESOLUTION NO. 6585
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A NON -RESIDENTIAL PLANNED UNIT
4 DEVELOPMENT PERMIT PUD 08-09 TO SUBDIVIDE 41.58
ACRES INTO 24 COMMERCIAL LOTS AND ONE COMMON
LOT ON PROPERTY GENERALLY LOCATED NORTHERLY
6 AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO
SANTA FE ROAD INTERSECTION IN THE SOUTHEAST
7 QUADRANT OF THE CITY IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
8 CASE NAME: LA COSTA TOWN SQUARE
9 CASE NO.: PUD 08-09
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Non-Residential
18 Planned Unit Development Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1,
19 2009,on file in the Planning Department, LA COSTA TOWN SQUARE - PUD 08-09, as
20 provided by Chapter 21.47 of the Carlsbad Municipal Code; and
21
WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22
hold a duly noticed public hearing as prescribed by law to consider said request; and
Z*3
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
2" relating to the Non-Residential Planned Unit Development Permit.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE - PUD
08-09, based on the following findings and subject to the following conditions:
3
Findings:4
, 1. 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 of the city
5 and other governmental agencies in that the project is consistent with the Local
Shopping Center Land Use designation and the La Costa Master Plan which
7 identifies the site as a Local Shopping Center site and all the development
standards of the Local Shopping Center Zone (C-L) and Title 20 and 21 regulations
° governing subdivisions and the design of non-residential planned developments,
o with the exception of number of monument signs.
10 2. 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
11 and the community in that the proposed non-residential planned development will be
compatible with the surrounding office and residential uses and will provide
opportunities for commercial goods and services and employment of local
13 residents.
14 3. Such use will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious *to property or improvements in the
1 $ vicinity in that the Open Space Land Use creates an adequate buffer between the
,,- Commercial and Residential Low Medium density Land Use and that La Costa
Avenue and Rancho Santa Fe Road, both Circulation Element roadways, separates
17 the Residential Medium High density and Residential High density Land Use areas
from the Local Shopping Center Land Use designation.
18
4. The proposed nonresidential planned development meets all of the minimum
development standards of the underlying zone, except for lot area and number of
2Q monument signs in that the project site can accommodate the proposed development
while complying with all setback, lot coverage, parking, and height development
21 standards and public facilities requirements specified in the La Costa Master Plan,
LFMP Zone 11 and C.M.C. Zoning Ordinance Title 21.
22
5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
23 Code Section 14.28.020 and Landscape Manual Section IB).
24 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
25 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
26 degree of the exaction is in rough proportionality to the impact caused by the project.
97' Conditions:
28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or recordation of the final map, whichever occurs first.
PC RESO NO. 6585 -2-
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 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
3 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
4 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
5 or a successor in interest by the City's approval of this Non - Residential Planned Unit
Development Permit.
7
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
° and modifications to the Non - Residential Planned Unit Development Permit
o documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
10 approved Exhibits. Any proposed development different from this approval, shall require
an amendment to this approval.
11
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.
13 4. If any condition for construction of any public improvements or facilities, or the payment
14 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
15 Section 66020. If any such condition is determined to be invalid, this approval shall be
1,- invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
17
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands,
claims, and costs, including court costs and attorney's fees incurred by the City arising,
2Q directly or indirectly, from (a) City's approval and issuance of this Non - Residential
Planned Unit Development Permit, (b) City's approval or issuance of any permit or
21 action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator's installation and operation of the
22 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.
£, 3
24 6. Developer shall implement, or cause the implementation of, the La Costa Town square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
25
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
2" copy of the Site Plan reflecting the conditions approved by the final decision-making
27 body.
28 8. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, HDP 01-05, and SDP 01-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
PCRESONO. 6585 -3-
6579, 6580, 6581, 6586, and 6588 for those other approvals incorporated herein by
2 reference.
3 9. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of final map recordation of CT 01-09.
4
10. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
11. 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 CFD #1 special tax (if applicable), subject to any credits authorized by
10 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
11 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.12
12. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
14 Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Non -
15 Residential Planned Unit Development Permit by Resolution No. 6585 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
17 conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
18 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
19
~~ Code Reminders:
21 13. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
22
14. 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
24 permit issuance, except as otherwise specifically provided herein.
25 15. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
26
27
28
PC RESO NO. 6585 -4-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
B. MONT
CARLSBAD PLANNf
ATTEST:
airperson
SION
DON NEU
Planning Director
PCRESONO. 6585 -5-
1 PLANNING COMMISSION RESOLUTION NO. 6586
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR
4 THE DEVELOPMENT OF A 83.07 ACRE SITE WITH A
284,400 SQUARE FOOT COMMUNITY SHOPPING CENTER,
55,000 SQUARE FOOT OFFICE PROJECT, AND 64 SINGLE
6 FAMILY LOT SUBDIVISION, ALL LOCATED NORTHERLY
AND EASTERLY OF THE LA COSTA AVENUE AND
7 RANCHO SANTA FE ROAD INTERSECTION IN THE
SOUTHEAST QUADRANT OF THE CITY IN LOCAL
8 FACILITIES MANAGEMENT ZONE 11.
9 CASE NAME: LA COSTA TOWN SQUARE
CASE NO: HDP 01-05
10
WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11
verified application with the City of Carlsbad regarding property described as
13 A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
14 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
15 Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Hillside
18
Development Permit as shown on Exhibits "A" - "K" for HDP 01-05 dated July 1, 2009, on
20 file in the Carlsbad Planning Department, LA COSTA TOWN SQUARE - HDP 01-05, as
21 provided by Chapter 21.95 of the Carlsbad Municipal Code; and
22 WHEREAS, the Planning Commission did on July 1, 2009 and July 15, 2009,
consider said request; and
24
WHEREAS, at said hearing, upon hearing and considering all testimony and
25
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26
27 relating to the Hillside Development Permit; and
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - HDP 01-
05 based on the following findings and subject to the following conditions:
4
, Findings:
6 1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
7
2. That areas of the project, i.e., natural slopes over 40%, have been properly identified on
the constraints map. These slopes are isolated locations and do not comprise a
o prominent landform feature and therefore are developable.
10 3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that manufactured slopes have been
11 landscaped to reduce the visual impact of graded slopes; sensitive habitat areas have
been mitigated through the preservation of offsite habitats per the Habitat
Conservation Plan adopted for the site; and that erosion control and detention
13 basins will prevent excessive off-site siltation. The grading of the non-residential
portions of the project, Commercial and Office, are exempt from the grading
14 quantities and slope height requirements of the Hillside Ordinance. However,
grading of the site exceeds the grading quantity threshold of 10,000 cubic yards per
15 acres and requires justification. The grading is required for the development of
j,- commercial uses which require large flat development pads and shallow sloping
parking lots. The project contains slopes along La Costa Avenue which are over 20
17 feet in height and over 200 feet in length and have been contoured and landscaped
to reduce the visual impact of the slopes.
18
4. That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that slopes have been rounded where
2Q possible, slopes have been screened by rich landscape plantings, buildings do not
have gabled ends or overhangs and have been setback from slope edges.
21
5. That the site requires extensive grading to accommodate a circulation-element roadway,
22 in that Rancho Santa Fe Road has been realigned to cross the site and the project
fronts onto La Costa Avenue. Both roadways have modified the slopes on the
development site by grading to accommodate the circulation element roadways.
24
6. That the proposed modification will result in significantly more open space or
25 undisturbed area than would a strict adherence to the requirements of the ordinance, in
that the site was previously identified as a site to be developed in the Habitat
" Conservation Plan. As such, mitigation land which is part of a larger preserve
27 system with better habitat quality than the subject site was acquired and preserved
to mitigate the biological impacts to the project site.
28
7. 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
PCRESONO. 6586 -2-
to mitigate impacts caused by or reasonably related to the project, and the extent and the
2 degree of the exaction is in rough proportionality to the impact caused by the project.
3 Conditions;
4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or recordation of a final map, whichever occurs first.
5 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
7 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
o issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
10 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 Hillside Development Permit.
11
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside Development Permit documents, as necessary to make
13 them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
14 development, different from this approval, shall require an amendment to this approval.
* -> 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
,,- regulations in effect at the time of building permit issuance.
17 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
18 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
2Q with all requirements of law.
21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
22 representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Hillside Development
24 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
25 (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
2" facility of electromagnetic fields or other energy waves or emissions. This obligation
Oy survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
28
PC RESO NO. 6586 -3-
6. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
3
7. Developer shall implement, or cause the implementation of, the La Costa Town Square
4 EIR 01-02 Project Mitigation Monitoring and Reporting Program.
This approval is granted subject to certification of EIR 01-02 and the approval of GPA
6 01-02, MP 149(R), LFMP 87-11(C), CT 01-09, CT 08-03, CT 08-07, CP 01-03, PUD
08-09, SDP 01-03, and SDP 01-04 and is subject to all conditions contained in Planning
7 Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585,
6587, and 6588 for those other approvals incorporated herein by reference.8
9. This approval for CT 01-09 shall become null and void if grading permits are not issued
for CT 01-09 within 36 months from the date of Final map recordation of CT 01-09.
10
10. This approval for CT 08-03 shall become null and void if grading permits are not issued
for CT 08-03 within 36 months from the date of Final map recordation of CT 08-03.
12 11. This approval for CT 08-07 shall become null and void if grading permits are not issued
13 for CT 08-07 within 36 months from the date of Final map recordation of CT 08-07.
14 12. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides -written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
. , time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
17
13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
18 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and 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 for Zone 11, 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
21 approval will not be consistent with the General Plan and shall become void.
22 14. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
24 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a(n) Hillside Development Permit by Resolution No. 6586 on the
25 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
27 Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
28 or successor in interest.
PC RESO NO. 6586 -4-
Code Reminders:
2 The project is subject to all applicable provisions of local ordinances, including but not limited to
3 the following:
4 15. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
16. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
17. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
10 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
12 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
'fees/exactions."
13
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
14 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
16 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
17
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,
, n zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
20 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
21
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PCRESONO. 6586 -5-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONjGOMERlfjEhairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6586 -6-\(P.
1 PLANNING COMMISSION RESOLUTION NO. 6587
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 01-03 TO CONSTRUCT TWO
4 OFFICE BUILDINGS TOTALING 55,000 SQUARE FEET ON
PROPERTY GENERALLY LOCATED NORTHERLY AND
EASTERLY OF THE LA COSTA AVENUE AND RANCHO
6 SANTA FE ROAD INTERSECTION IN THE SOUTHEAST
QUADRANT OF THE CITY IN LOCAL FACILITIES
7 MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE OFFICE
8 CASE NO.: SDP 01-03
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
13 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development
17
Plan as shown on Exhibits "A" - "G" for CT 08-07 dated July 1, 2009, on file in the Planning
18
Department, LA COSTA TOWN SQUARE OFFICE - SDP 01-03 as provided by Chapter
20 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25
relating to the Site Development Plan.
2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
2 Commission APPROVES LA COSTA TOWN SQUARE OFFICE - SDP 01-
03 based on the following findings and subject to the following conditions:
3
Findings:4
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 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 project site can accommodate the proposed development
while complying with all setback, lot coverage, parking, and height development
standards, and public facilities requirements specified in the La Costa Master Plan,
LFMP Zone 11 and C.M.C. Title 21 and that the project is consistent with and
implements the Office General Plan Land Use designation and the La Costa Master
10 Plan which identifies the site as an Office site. The proposed office use is compatible
with the proposed adjacent commercial development and adjacent existing and
11 proposed residential uses as adequate separation in the form of open space and
Circulation Element roadways.
2. That the site for the intended use is adequate in size and shape to accommodate the use,
in that the project site can accommodate the proposed non-residential development
14 while complying with all setback, lot coverage, parking, and height development
standards of the La Costa Master Plan and Office Zone.
15
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
16 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project has been.designed in accordance with all
development and design standards of the La Costa Master Plan and Title 21;
therefore, the project is compatible with existing permitted and future uses.
Further, the proposed office project will be setback from La Costa Avenue a
19 minimum of 50 feet and adequate circulation, access aisles, parking spaces, and
landscaping will be provided and maintained. The project proposes structures over
™ 35 feet in height and has provided the increased landscaped setbacks to allow
~, buildings up to 44 feet in height.
22 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the surrounding public streets will be improved
23 to their full-width improvements, including curbs, gutters, and sidewalks; and that
the analysis included in the EIR 01-02 for the La Costa Town Square project
demonstrates that the proposed streets will be adequate to accommodate the traffic
»- generated by this project.
5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
27
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
28 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
PCRESONO. 6587 -2-
Conditions:
2
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
3 grading permit or building permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
<_ implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
5 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
7 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Site Development Plan.
10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
14 regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
17 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
18 with all requirements of law.
1 Q
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims.
21 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Site Development Plan,
22 (b) City's approval or issuance of any permit or action, whether discretionary or
»_ nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
24 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
25 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
26
27 6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
28
PCRESONO. 6587 -3-
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
2 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.
3
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
4 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
- format (including any applicable Coastal Commission approvals).
5 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
7 school facilities.
o 10. This project shall comply with all conditions and mitigation measures which are required
n as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
10
11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
11 01-02, MP 149(R), LFMP 87-ll(C), CT 08-07, CP 01-03, and HDP 01-05 and is
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
6579, 6580, 6583, 6584, and 6586 for those other approvals incorporated herein by
13 reference.
14 12. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of final map recordation of CT 08-07.
, 6 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
17 the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
18 thriving condition, free from weeds, trash, and debris.
1 Q 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
2Q landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
21
15. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
22 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
24 satisfaction of the Planning Director.
25 16. Prior to Building permit issuance, the Developer shall show on the building plans
architecturally integrated roof top screens to conceal mechanical equipment and the
6 roof tops of buildings from offsite residential views to the satisfaction of the
27 Directors of Community Development and Planning. The roof top screens shall be
installed on each building requiring such screening prior to the occupancy of the
28 commercial building.
PCRESONO. 6587 -4-
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
2 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
3 approved plan.
18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall
any impacts on adjacent homes or property.
, including parking areas. All lighting shall be designed to reflect downward and avoid
6 19. Building permits will not be issued for this project unless the local agency providing
7 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
10 20. 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
11 5.09.030, and 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 for Zone 11, pursuant to Chapter 21.90. All such
, -, taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
14
21. Developer shall submit to the City a Notice of Restriction executed by the owner of the
15 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Site
17 Development Plan by Resolution No. 6587 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
18 and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The Planning Director has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
»„ showing of good cause by the Developer or successor in interest.
21 22. The buildings shall be designed and built to accommodate solar energy by installing
conduits, providing space for roof mounted photo voltaic panels and space in
equipment rooms for power converters.
Code Reminders;
24 23. Developer shall pay a landscape plancheck and inspection fee as required by Section
25 20.08.050 of the Carlsbad Municipal Code.
26 24. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
28
25. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
PCRESONO. 6587 -5-
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26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on July 15,2009, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
.er Dominguez
MARTELL B. MONTGOMERY, ^pirperson
CARLSBAD PLANNING COMMISSION
DON NEU
Planning Director
PC RESO NO. 6587 -6-
1 PLANNING COMMISSION RESOLUTION NO. 6588
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN SDP 01-04 TO
4 CONSTRUCT A LOCAL SHOPPING CENTER PROJECT OF
284,400 SQUARE FEET ON PROPERTY GENERALLY
LOCATED NORTHERLY AND EASTERLY OF THE LA
6 COSTA AVENUE AND RANCHO SANTA FE ROAD
INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
7 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
8 COMMERCIAL
9 CASE NO.: SDP 01-04
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Site Development
18 Plan as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1,2009, on file in the Planning
19 Department, LA COSTA TOWN SQUARE COMMERCIAL - SDP 01-04 as provided by
20 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
21
WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22
hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
^" relating to the Site Development Plan.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
2 Commission RECOMMENDS APPROVAL of LA COSTA TOWN
SQUARE COMMERCIAL - SDP 01-04 based on the following findings and
3 subject to the following conditions:
Findings:
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 detrimental to existing uses or to uses specifically permitted in the area in which
7 the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project site can accommodate the proposed development
° while complying with all setback, lot coverage, parking, and height development
» standards, and public facilities requirements specified in the La Costa Master Plan,
LFMP Zone 11 and C.M.C. Title 21, except for monument signs, and that the
10 project is consistent with and implements the Local Shopping Center General Plan
Land Use designation and the La Costa Master Plan which identifies the site as a
11 Local Commercial shopping center site. The proposed commercial use is compatible
with the proposed adjacent office and existing commercial development and
adjacent existing and proposed residential uses as adequate separation in the form
i ., of open space and a Circulation Element roadway are provided.
14 2. That the site for the intended use is adequate in size and shape to accommodate the use,
in that the project site can accommodate the proposed commercial development
15 while complying with all setback, lot coverage, parking, and height development
standards, except for the additional monument sign request.
16
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 the project has been designed in accordance with all
development and design standards of the La Costa Master Plan and Title 21;
19 therefore, the project is compatible with existing permitted and future uses.
Further, the proposed commercial project will be setback from La Costa Avenue
and Rancho Santa Fe Road a minimum of 50 feet and adequate circulation, access
~, aisles, parking spaces, and landscaping will be provided and maintained. The
project has requested structures over 45 feet in height and has provided the
22 increased landscaped setbacks to allow buildings up to 55 feet in height.
23 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the surrounding public streets will be improved
24 to their full-width improvements, including curbs, gutters, and sidewalks; and that
-- the analysis included in the EIR 01-02 for the La Costa Town Square project
demonstrates that the proposed streets will be adequate to accommodate the traffic
26 generated by this project.
27 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
28
6. 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
PCRESONO. 6588 -2-
to mitigate impacts caused by or reasonably related to the project, and the extent and the
2 degree of the exaction is in rough proportionality to the impact caused by the project.
3 Conditions;
4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
f 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
7 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
10 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Site Development Plan.
11
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
14 different from this approval, shall require an amendment to this approval.
15 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of final map recordation.16
1 -7 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
18 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.
21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
22 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
3 or indirectly, from (a) City's approval and issuance of this Site Development Plan,
24 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
25 (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
26 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.
28 6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
PCRESONO. 6588 -3-
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
2 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.
3
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the School District that this project has satisfied its obligation to provide
7 school facilities.
o 10. This project shall comply with all conditions and mitigation measures which are required
n as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
10
11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, and HDP 01-05 and is
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
6579, 6580, 6581, 6585, and 6586 for those other approvals incorporated herein by
13 reference.
14 12. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of final map recordation of CT 01-09.
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
17 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
18 facilities will continue to be available until the time of occupancy.
14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
2Q #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
21 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
22 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
24 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
25 Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Site
Development Plan by Resolution No. 6588 on the property. Said Notice of Restriction
27 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
28 inclusion in the Notice of Restriction. The Planning Director has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
PC RESO NO. 6588 -4-
16. Developer shall submit and obtain Planning Director approval of a Final Landscape and
2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
3 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
4
, 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
6 project's building, improvement, and grading plans.
7 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
o Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
10
19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
11 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
13 20. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
14 including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
. s 21. Developer shall construct, install, and stripe the requisite number of parking stalls for
each phase and not less than 1,422 parking spaces at project buildout.
17
22. The buildings shall be designed and built to accommodate solar energy by installing
IB conduits, providing space for roof mounted photo voltaic panels and space in
equipment rooms for power converters.
20 23. Prior to the issuance of any commercial building permits, the Developer shall
consult with the City of Carlsbad Library Director to determine the feasibility for a
21 library drop box to be located on the Commercial site. If determined to be feasible,
the Developer shall install a library drop box of a design to the satisfaction of the
22 Library Director and at a location to the satisfaction of the Planning Director and
City Engineer. The Developer shall install the drop box prior to the occupancy of
any commercial building.
24
24. Prior to Building permit issuance, the Developer shall show on the building plans
25 architecturally integrated roof top screens to conceal mechanical equipment and the
roof tops of buildings from offsite residential views to the satisfaction of the
2" Directors of Community Development and Planning. The roof top screens shall be
27 installed on each building requiring such screening prior to the occupancy of the
commercial building.
28
PCRESONO. 6588 -5-
Code Reminders:
2 25. Developer shall pay a landscape plancheck and inspection fee as required by Section
3 20.08.050 of the Carlsbad Municipal Code.
26. Approval of this request shall not excuse compliance with all applicable sections of the
. Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
6
27. The project shall comply with the latest disabled access requirements pursuant to Title 24
7 of the California Building Code.
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28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
PC RESO NO. 6588 -6- "I /
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTEEL B. MONTGOMERY, MTMGrperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6588 -7-
1 PLANNING COMMISSION RESOLUTION NO. 6589
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A VARIANCE TO ALLOW A MONUMENT
4 TYPE SIGN PER EACH MAJOR PROJECT ENTRY (TOTAL
OF THREE, TWO ON RANCHO SANTA FE ROAD AND ONE
ON LA COSTA AVENUE) ON PROPERTY GENERALLY
6 LOCATED NORTHERLY AND EASTERLY OF THE LA
COSTA AVENUE AND RANCHO SANTA FE ROAD
7 INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
8 CASE NAME: LA COSTA TOWN SQUARE
9 CASE NO: V 08-02
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said application constitutes a request to erect one entry type
18 monument sign per driveway entrance (total of three) to a commercial shopping center
19 where the Municipal Code only allows one monument type sign per street frontage; and
20 WHEREAS, said verified application constitutes a request for a Variance as
21
shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the Carlsbad
22
Planning Department, LA COSTA TOWN SQUARE - V 08-02, provided by Chapter 21.50 of
24 the Carlsbad Municipal Code; and
25 WHEREAS, the Planning Commission did on July 1, 2009 and July 15, 2009,
^" hold a duly noticed public hearing as prescribed by law to consider said request; and
27 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 Variance.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the above recitations are true and correct.
4
- B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE
6 - V 08-02 based on the following findings and subject to the following
conditions:
7
Findings:
o
1. That because of special circumstances applicable to the subject property, including size,
shape, topography, location or surroundings, the strict application of the zoning ordinance
10 deprives such property of privileges enjoyed by other property in the vicinity and under
identical zoning classification, in that the size of the commercial center warrants
11 multiple major vehicular access points and that the two access points along Rancho
Santa Fe Road are separated by a significant distance (700 feet) from one another.
Other commercial centers either do not have multiple entries from a street frontage
i -, or their other entries are secondary and in close proximity to one another.
14 2. That the variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is
15 located and is subject to any conditions necessary to assure compliance with this finding,
in that other commercial properties are not as large, do not contain the number of
large businesses, or do not have entry locations which are significantly separated
from one another on the same street frontage.
18 3. That the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property, in that all commercial
19 projects are permitted monument type signs.
4. That the variance is consistent with the general purpose and intent of the general plan and
any applicable specific or master plans, in that the additional monument sign along
Rancho Santa Fe Road will provide project identity in a visually appealing design
22 which will not appear as excessive as the entry locations are not in proximity to each
other and will not be incompatible with adjacent uses. The La Costa Master Plan
23 does not include restrictions on signage and refers to the Municipal Code for sign
regulations and is therefore not in conflict with the La Costa Master Plan.
95 Conditions:
26 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
27 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
PC RESO NO. 6589 -2-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Variance.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Variance documents, as necessary to make them internally
4 consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
6
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
o0 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
10 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.
12 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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 Variance, (b) City's approval
or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation
and operation of the facility permitted hereby, including without limitation, any and all
17 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
18 been concluded and continues even if the City's approval is not validated.
6. This approval shall become null and void if building permits are not issued for this
2Q project within 36 months from the date of Final map recordation of CT 01-09.
21 7. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(B), and SDP 01-04, and is subject to all conditions
22 contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, and 6588
for those other approvals incorporated herein by reference.
24 Code Reminders:
25 8. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance, except per V 08-02, and shall require review and
approval of the Planning Director prior to installation of such signs.
27
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PC RESO NO. 6589 -3-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTETL B. MONT
CARLSBAD PLANN
ATTEST:
.irperson
SIGN
DON NEU
Planning Director
PCRESONO. 6589 .4.
1 PLANNING COMMISSION RESOLUTION NO. 6590
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 CONSTRUCT A GAS STATION AND DRIVE THRU CAR
WASH ON PROPERTY GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE-LOT 14
8 CASE NO.: CUP 04-18
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
13 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the
18
Planning Department, LA COSTA TOWN SQUARE LOT 14 - CUP 04-18, as provided by
2Q Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25
relating to the CUP.26
2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 14 -
CUP 04-18, based on the following findings and subject to the following
3 conditions:
4 Findings:
1. That the requested use is necessary or desirable for the development of the community,
5 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
7 car wash and gas station will provide a service generally lacking in the immediate
area of the La Costa Community and that the site is designed as part of a local
shopping center as part of the La Costa Master Planned Community and will not
o have a direct physical impact to other commercial or residential developments in the
area.
10
2. That the requested use is not detrimental to existing uses or to uses specifically permitted
11 in the zone in which the proposed use is to be located in that the proposed car wash and
gas station is located within a Local Commercial Shopping center as designated by
the La Costa Master Plan and General Plan Land Use Element and is not adjacent
13 to sensitive land uses. The carwash is separated from proposed residential single
family uses to the east by open space and multi-family uses to the north by Rancho
14 Santa Fe Road. The overall project includes noise attenuation walls along the Paseo
Lupino project entry to protect the future residential uses from project and
15 roadway noise impacts. The carwash provides an adequate vehicle stacking lane to
, s prevent blocking the commercial centers internal circulation aisles, parking aisles,
or parking spaces.
17 _
3. That the site for the proposed conditional use is adequate in size and shape to
18 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
planning director, planning commission or city council, in order to integrate the use with
2Q other uses in the neighborhood, in that the site design for the car wash and gas station
complies with all setback, building height, parking, and development requirements
21 for gas stations and car washes and the site will be landscaped consistent with the
Carlsbad Landscape Manual and Section 21.42.140(B)45.f to screen cars waiting for
22 the carwash and 21.42.140(B).65.b for general site landscaping. The proposed
drive-thru facilities lanes are designed so that they will not impact other commercial
uses in the center. The architecture of the proposed buildings follows the
24 Mediterranean/Tuscan theme of the commercial center. The location of the
carwash is such that it is below the grade of adjacent Rancho Santa Fe Road and the
25 entry driveway at Paseo Lupino and will not be readily visible from the public
roadway. The overall project is conditioned to submit a comprehensive sign
2" program for which this project shall be a part.
27 4. That the street system serving the proposed use is adequate to properly handle all traffic
28 generated by the proposed use, in that the surrounding public streets will be improved
to their full-width improvements, including curbs, gutters, and sidewalks; and that
the analysis included in the EIR 01-02 for the La Costa Town Square project
PC RESO NO. 6590 -2-
demonstrates that the proposed streets and project driveways will be adequate to
2 accommodate the traffic generated by this project.
3 5. 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
4 to mitigate impacts caused by or reasonably related to the project, and the extent and the
, degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
8
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
10 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
11 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
j -, conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Conditional Use Permit.
14
Staff is authorized and directed to make, or require the Developer to make, all corrections
15 and modifications to the Conditional Use Permit documents, as necessary to make them
1 internally consistent and in conformity with the final action on the project. Development
1 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
18 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
~~ 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
21 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
22 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.23
24 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
25 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
26 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
28 (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
PC RESO NO. 6590 -3-
survives until all legal proceedings have been concluded and continues even if the City's
2 approval is not validated.
3 6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
4
- 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
6 body.
7 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
° District that this project has satisfied its obligation to provide school facilities.
9
9. This project shall comply with all conditions and mitigation measures which are required
10 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
11
10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
12 01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01-
13 04 and is subject to all conditions contained in Planning Commission Resolutions No.
6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals
14 incorporated herein by reference.
15 11. This approval shall become null and void if building permits are not issued for this
, , project within 36 months from the date of final map recordation of CT 01-09.
17 12. 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
18 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
20 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
21 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
22 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 11, 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
24 approval will not be consistent with the General Plan and shall become void.
25 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
" Recorder, subject to the satisfaction of the Planning Director, notifying all interested
27 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution No. 6590 on the property. Said Notice of Restriction shall
28 n°te the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
PC RESO NO. 6590 -4-
record an amendment to the notice which modifies or terminates said notice upon a
2 showing of good cause by the Developer or successor in interest.
3 15. CUP 04-18 shall be reviewed by the Planning Director annually to determine if all
conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
7 not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
n being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
10 Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
1 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
13 16. This Conditional Use Permit is granted without an expiration date. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
14 detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met.
15
, fi 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
17 the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
18 thriving condition, free from weeds, trash, and debris.
19 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
20 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
21
19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
22 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
24 satisfaction of the Planning Director.
25 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
27 approved plan.
28 21. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid
any impacts on adjacent homes or property.
PC RESO NO. 6590 -5-
22. The carwash shall not be in service between the hours of 10:00 PM and 6:OOAM
2 unless an acoustical analysis prepared by a professional acoustical engineer can
show that the carwash will not cause a significant noise impact on adjacent
3 residential uses per the City of Carlsbad Noise Guidelines Manual.
Engineering;
23. Developer shall comply with the City's Storm water Regulations, latest version, and shall
g implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
7 silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
° devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
10
24. Developer shall complete and submit to the City Engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
13 completed PTAF all to the satisfaction of the City Engineer.
14 25. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce'the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
.,- drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
17 techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
18 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
2Q 26. Developer shall submit and receive approval for a Storm Water Management Plan
(SWMP) to the City of Carlsbad Engineering Department. This project qualifies as a
21 "priority project" as defined by City of Carlsbad Standard Urban Storm Water Mitigation
Plan (SUSMP), and therefore, the project is required to capture and reduce pollutants to a
22 level of insignificance. The organization and content of the SWMP shall be prepared in
accordance with the guidelines established by the City of Carlsbad. The SWMP shall
address the anticipated pollutants of concern associated with the Project. The SWMP shall
24 also suggest the type(s) of post-construction (structural) Best Management Practices
(BMPs) required to capture and filter said pollutants of concern and establish maintenance
25 provisions for said BMPs.
27. Developer shall cause property owner to process, execute and submit an executed copy to
27 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
28 treatment control,, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
or the recordation of a final map, whichever occurs first for this Project.
PC RESO NO. 6590 -6-
28. Supplemental grading plans are required for precise grading associated with this project.
2 Developer shall prepare, and submit for approval, grading plans for the precise grading as
shown on the site plan all subject to City Engineer approval.
3
Code Reminders:
4
- 29. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
6
30. Approval of this request shall not excuse compliance with all applicable sections of the
7 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.8
31. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
10
32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
12 NOTICE
13
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
I c "fees/exactions."
16 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
17 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.
20 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
»„ project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
23 expired.
24
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PC RESO NO. 6590 -7-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTEELB. MONTGJ
CARLSBAD PLANNI
ATTEST:
'erson
ION
DON NEU
Planning Director
PC RESO NO. 6590 -8-tfO
1 PLANNING COMMISSION RESOLUTION NO. 6591
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL
INSTITUTION ON PROPERTY GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE - LOT 24
8 CASE NO.: CUP 08-01
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
12 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the
18
Planning Department, LA COSTA TOWN SQUARE LOT 24 - CUP 08-01, as provided by
20 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25
relating to the CUP.26
2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE LOT 24
- CUP 08-01, based on the following findings and subject to the following
3 conditions:
Findings:
That the requested use is necessary or desirable for the development of the community,
5 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
7 project is consistent with the La Costa Master Plan and General Plan as discussed in
the staff report and the drive-thru, which is an ancillary use to the permitted use in
the C-L zone, provides a desirable service, and is a convenience to the community by
o providing increased accessibility to the use and is designed to operate safely and
efficiently within the commercial center. The drive-thru lane includes directional
10 arrows in the parking lot to guide users to the windows and provides adequate
stacking to avoid any impacts to the circulation system, internal or external, and all
drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the
drive-thru lane.
13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the drive-thru lane is
14 designed so that it will not impact other commercial uses in the center. The drive-
thru lane is designed to allow for adequate queuing without blocking the
commercial centers internal circulation aisles, parking aisles, or parking spaces.
3. That the site for the proposed conditional use is adequate in size and shape to
17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
18 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the project complies with all of the applicable
development standards of the C-L Zone and the design of the drive-thru lane
2Q utilizes a building design element to pass under with planters and landscaping to
screen and separate the drive-thru lane from the parking lot, drive aisles, and
21 Rancho Santa Fe Road.
22 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02
and that the La Costa Town Square Shopping Center has an adequate circulation
24 system and all public rights-of way will be in place to accommodate the drive thru.
The project will provide directional signage and arrows in the parking lot to guide
5 drive-up users to the lane and is designed with sufficient stacking to avoid impacting
the internal circulation system.6 y
The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
28 ordinances. The project includes elements or has been conditioned to construct or provide
funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
PCRESONO. 6591 -2-
facilities; libraries; government administrative facilities; and open space, related to the
2 project will be installed to serve new development prior to or concurrent with need.
3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
4
7. 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
5 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
7
Conditions:
8
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
10
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
11 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
j-, future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
14 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
15 or a successor in interest by the City's approval of this Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
17 and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
18 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
19
-n 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.
21
4. If any condition for construction of any public improvements or facilities, or the payment
22 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
24 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
25
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
28 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
PCRESONO. 6591 -3-
(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
4
<. 6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
6
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
7 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.8
o 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
10 format (including any applicable Coastal Commission approvals).
11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
13 10. This project shall comply with all conditions and mitigation measures which are required
14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits. *'
1 ,• 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01-
17 04, and is subject to all conditions contained in Planning Commission Resolutions No.
6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals
18 incorporated herein by reference.
12. This approval shall become null and void if building permits are not issued for this
2Q project within 36 months from the date of final map recordation of CT 01-09.
21 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
22 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
24 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
2" Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
27 Local Facilities Management Plan fee for Zone 11, 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
28 approval will not be consistent with the General Plan and shall become void.
PC RESO NO. 6591 -4-
15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
2 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution No. 6591 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
5 record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
7
16. CUP 08-01 shall be reviewed by the Planning Director annually to determine if all
° conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
1 o fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
17
17. This Conditional Use Permit is granted without an expiration date. This permit may be
18 revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met.
20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
22 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
25 project's building, improvement, and grading plans.
o* f\Code Reminders:
27 20. Developer shall pay a landscape plancheck and inspection fee as required by Section
28 20.08.050 of the Carlsbad Municipal Code.
PCRESONO. 6591 -5-
21. Approval of this request shall not excuse compliance with all applicable sections of the
2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
3 22. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
4
, 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
6
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
11 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
12 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
13 annul their imposition.
1 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
16 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
17 expired.
18
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20
21
23
24
25
26
27
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PC RESO NO. 6591 -6-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTEEL B. MONT
CARLSBAD PLANN
ATTEST:
.rperson
ION
DON NEU
Planning Director
PCRESONO. 6591 -7-
1 PLANNING COMMISSION RESOLUTION NO. 6592
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL
INSTITUTION ON PROPERTY GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE-LOT 12
8 CASE NO.: CUP 08-02
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
12 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the
18
Planning Department, LA COSTA TOWN SQUARE LOT 12 - CUP 08-02, as provided by
20 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25
relating to the CUP.
26
2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 12 -
CUP 08-02, based on the following findings and subject to the following
3 conditions:
Findings;
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
7 project is consistent with the La Costa Master Plan and General Plan as discussed in
the staff report and the drive-thru, which is an ancillary use to the permitted use in
the C-L zone, provides a desirable service, and is a convenience to the community by
o providing increased accessibility to the use and is designed to operate safely and
efficiently within the commercial center. The drive-thru lane includes directional
10 arrows in the parking lot to guide users to the windows and provides adequate
stacking to avoid any impacts to the circulation system, internal or external, and all
drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the
drive-thru lane.
13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the drive-thru lane is
14 designed so that it will not impact other commercial uses in the center. The drive-
thru lane is designed to allow for adequate queuing without blocking the
commercial centers internal circulation aisles, parking aisles, or parking spaces.
That the site for the proposed conditional use is adequate in size and shape to
17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
18 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the project complies with all of the applicable
1 development standards of the C-L Zone and the design of the drive-thru lane
20 utilizes a building design element to pass under with planters and landscaping to
screen and separate the drive-thru lane from the parking lot, drive aisles, and
21 Rancho Santa Fe Road.
22 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02
and that the La Costa Town Square Shopping Center has adequate circulation
24 system and all public rights-of way will be in place to accommodate the drive thru.
The project will provide directional signage and arrows in the parking lot to guide
25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting
the internal circulation system.26 y
27 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
28 ordinances. The project includes elements or has been conditioned to construct or provide
funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
PC RESO NO. 6592 -2-
facilities; libraries; government administrative facilities; and open space, related to the
2 project will be installed to serve new development prior to or concurrent with need.
3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
4
7. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
7
Conditions:
8
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
11 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
12 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
14 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
15 or a successor in interest by the City's approval of this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
, j and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
19
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.
21 4. If any condition for construction of any public improvements or facilities, or the payment
22 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
9 . invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
25
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
^' and costs, including court costs and attorney's fees incurred by the City arising, directly
™ or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
PC RESO NO. 6592 -3-
(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
4
, 6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
6
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
7 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.8
o 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
10 format (including any applicable Coastal Commission approvals).
11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
13 10. This project shall comply with all conditions and mitigation measures which are required
14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits. •
1,.- 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01-
17 04, and is subject to all conditions contained in Planning Commission Resolutions No.
6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals
18 incorporated herein by reference.
12. This approval shall become null and void if building permits are not issued for this
2Q project within 36 months from the date of final map recordation of CT 01-09.
21 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
22 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
24 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
2" Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
27 Local Facilities Management Plan fee for Zone 11, 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
28 approval will not be consistent with the General Plan and shall become void.
PC RESO NO. 6592 -4-
15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
2 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution No. 6592 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
5 record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
7
16. CUP 08-02 shall be reviewed by the Planning Director annually to determine if all
conditions of this permit have been met and that the use does not have a substantial
n negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
, s whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
17
17. This Conditional Use Permit is granted without an expiration date. This permit may be
18 revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met.
20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
22 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
25 project's building, improvement, and grading plans.
Code Reminders:
27 20. Developer shall pay a landscape plancheck and inspection fee as required by Section
28 20.08.050 of the Carlsbad Municipal Code.
PC RESO NO. 6592 -5-
21. Approval of this request shall not excuse compliance with all applicable sections of the
2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
3
22. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
6 Code Section 18.04.320.
7 NOTICE
8 Please take NOTICE that approval of your project includes the "imposition" of fees,
9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
10
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
12 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
13 follow that' procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.14 V
I c 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,
16 zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
19
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25
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PC RESO NO. 6592 -6-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONTtpOMERY*
CARLSBAD PLANNING COM!
ATTEST:
irperson
SIGN
DONNEU
Planning Director
PC RESO NO. 6592 -7-
1 PLANNING COMMISSION RESOLUTION NO. 6593
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 CONSTRUCT A GAS STATION AND DRIVE THRU CAR
WASH ON PROPERTY GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE - LOT 7
8 CASE NO.: CUP 08-03
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
13 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the
18
Planning Department, LA COSTA TOWN SQUARE LOT 7 - CUP 08-03, as provided by
2Q Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25
relating to the CUP.26
2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE LOT 7 -
CUP 08-03, based on the following findings and subject to the following
3 conditions:
Findings:
That the requested use is necessary or desirable for the development of the community,
5 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
7 car wash and gas station will provide a service generally lacking in the immediate
area of the La Costa Community and that the site is designed as part of a local
shopping center as part of the La Costa Master Plan Community and will not have a
direct physical impact to other commercial or residential developments in the area.
10 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the proposed car wash and
1 gas station is located within a Local Commercial Shopping center as designated by
the La Costa Master Plan and General Plan Land Use Element and is not adjacent
to sensitive land uses. The carwash is separated from proposed multi-family uses to
the north by Rancho Santa Fe Road. The carwash provides an adequate vehicle
stacking lane as to prevent blocking the commercial centers internal circulation
14 aisles, parking aisles or parking spaces.
That the site for the proposed conditional use is adequate in size and shape to
«, accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
17 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the site design for the car wash and gas station
8 complies with all setback, building height, parking, and development requirements
for gas stations and car washes and the site will be landscaped consistent with the
Carlsbad Landscape Manual and Section 21.42.140(B)45.f to screen cars waiting for
2Q the carwash and 21.42.140(B).65.b for general site landscaping. The proposed
drive-thru facilities lanes are designed so that they will not impact other commercial
21 uses in the center. The architecture of the proposed buildings follows the
Mediterranean/Tuscan theme of the commercial center. The location of the
22 carwash is such that it is below the grade of adjacent Rancho Santa Fe Road and the
« right-in only entry driveway and will not be readily visible from the public roadway.
The overall project is conditioned to submit a comprehensive sign program for
24 which this project shall be a part.
5 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the surrounding public streets will be improved
to their full-width improvements, including curbs, gutters, and sidewalks; and that
27 the analysis included in the EIR 01-02 for the La Costa Town Square project
demonstrates that the proposed streets will be adequate to accommodate the traffic
28 generated by this project.
PC RESO NO. 6593 -2-
5. The project is consistent with the City wide Facilities and Improvements Plan, the Local
2 Facilities Management Plan for Zone 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or provide
3 funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
4 facilities; libraries; government administrative facilities; and open space, related to the
- project will be installed to serve new development prior to or concurrent with need.
5 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
7
7. The Planning Commission has reviewed each of the exactions imposed on the Developer
8 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
10 Conditions:
11
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
12 grading permit or building permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
14 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
15 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
*" issued under the authority of approvals herein granted; record a notice of violation on the
,- property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
18 or a successor in interest by the City's approval of this Conditional Use Permit.
19 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
2i shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
22
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
23 regulations in effect at the time of building permit issuance.
24 4. If any condition for construction of any public improvements or facilities, or the payment
25 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
26 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.
28 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
PC RESO NO. 6593 -3-
representatives, from and against any and all liabilities, losses, damages, demands, claims
2 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
3 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
- including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
5 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
7
6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
body.
10 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
12 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
14
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
, , that Plan prior to the issuance of building permits.
17 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01-
18 04 and is subject to all conditions contained in Planning Commission Resolutions No.
6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals
incorporated herein by reference.
20 11. This approval shall become null and void if building permits are not issued for this
21 project within 36 months from the date of final map recordation of CT 01-09.
22 12. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
24 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
25
13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
2° #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
27 5.09.030, and 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
28 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
PC RESO NO. 6593 -4-
14. Developer shall submit to the City a Notice of Restriction executed by the owner of the
2 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution No. 6593 on the property. Said Notice of Restriction shall
4 note the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
5 record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
7
15. CUP 08-03 shall be reviewed by the Planning Director annually to determine if all
° conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
17
16. This Conditional Use Permit is granted without an expiration date. This permit may be
18 revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met.
20 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and
21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
22 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
24 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
25 project's building, improvement, and grading plans.
2° 19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
27 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
28 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
PC RESO NO. 6593 -5-
20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
2 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
3 approved plan.
21. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall
any impacts on adjacent homes or property.
- including parking areas. All lighting shall be designed to reflect downward and avoid
6..
Engineering:
7
22. 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 treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
10 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
11 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
13 23. Developer shall complete and submit to the City Engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
14 Developer shall also submit the appropriate Tier level Storm Water Compliance form and
Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
completed PTAF all to the satisfaction of the City Engineer.
24. Developer shall incorporate Low Impact Development (LID) design techniques, on all
17 final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
18 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
9Q (Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
21 volume, peak flow rate, velocity and pollutants.
22 25. Within 6 months of approval of this Conditional Use Permit extension, developer shall
>_ submit and receive approval for a Storm Water Management Plan (SWMP) to the City of
Carlsbad Engineering Department. This project qualifies as a "priority project" as defined
24 by City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP), and therefore,
the project is required to capture and reduce pollutants to a level of insignificance. The
25 organization and content of the SWMP shall be prepared in accordance with the guidelines
established by the City of Carlsbad. The SWMP shall address the anticipated pollutants of
concern associated with the Project. The SWMP shall also suggest the type(s) of post-
27 construction (structural) Best Management Practices (BMPs) required to capture and filter
said pollutants Of concern and establish maintenance provisions for said BMPs.
28
26. 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
PCRESONO. 6593 -6-
Management Practice Maintenance Agreement for the perpetual maintenance of all
2 treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
3 or the recordation of a final map, whichever occurs first for this Project.,
27. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as
shown on the site plan all subject to City Engineer approval.
6
Code Reminders:
7
28. Developer shall pay a landscape plancheck and inspection fee as required by Section
8 20.08.050 of the Carlsbad Municipal Code.
9 29. Approval of this request shall not excuse compliance with all applicable sections of the
10 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
11
30. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
13 31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
14 Code Section 18.04.320.
15 NOTICE
16
Please take NOTICE that approval of your project includes the "imposition" of fees,
17 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."18
j 9 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
20 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.
23 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,
24 zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
27
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PC RESO NO. 6593 -7-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELt B. MONTG^IERY,
CARLSBAD PLANNING COM!
ATTEST:
Irperson
5ION
DON NEU
Planning Director
PC RESO NO. 6593 -8-
1 PLANNING COMMISSION RESOLUTION NO. 6594
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL
INSTITUTION ON PROPERTY GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE - LOT 6
8 CASE NO.: CUP 08-04
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
j3 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the
18
Planning Department, LA COSTA TOWN SQUARE LOT 6 - CUP 08-04, as provided by
on Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25
relating to the CUP.
26
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 6 -
CUP 08-04, based on the following findings and subject,to the following
3 conditions:
4 Findings:
1. That the requested use is necessary or desirable for the development of the community,
5 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
7 project is consistent with the La Costa Master Plan and General Plan as discussed in
the staff report and the drive-thru, which is an ancillary use to the permitted use in
the C-L zone, provides a desirable service, and is a convenience to the community by
p providing increased accessibility to the use and is designed to operate safely and
efficiently within the commercial center. The drive-thru lane includes directional
10 arrows in the parking lot to guide users to the windows and provides adequate
stacking to avoid any impacts to the circulation system, internal or external, and all
11 drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the
drive-thru lane.
1 £*
13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the drive-thru lane is
14 designed so that it will not impact other commercial uses in the center. The drive-
thru lane is designed to allow for adequate queuing without blocking the
* -* commercial centers internal circulation aisles, parking aisles, or parking spaces.
3. That the site for the proposed conditional use is adequate in size and shape to
17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
18 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the project complies with all of the applicable
development standards of the C-L Zone and the design of the drive-thru lane
2Q utilizes a building design element to pass under with planters and landscaping to
screen and separate the drive-thru lane from the parking lot, drive aisles and
21 Rancho Santa Fe Road.
22 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02
and that the La Costa Town Square Shopping Center has adequate circulation
24 system and all public rights-of way will be in place to accommodate the drive thru.
The project will provide directional signage and arrows in the parking lot to guide
25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting
the internal circulation system.
26 y
27 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
28 ordinances. The project includes elements or has been conditioned to construct or provide
funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
PC RESO NO. 6594 -2-
facilities; libraries; government administrative facilities; and open space, related to the
2 . project will be installed to serve new development prior to or concurrent with need.
3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
4
7. 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
g to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
7
Conditions:
8
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
11 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
12 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
14 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
15 or a successor in interest by the City's approval of this Conditional Use Permit.
'" 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
17 and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
3 g shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
19
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.
21 4. If any condition for construction of any public improvements or facilities, or the payment
22 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
23 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.
25
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
2g or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
PC RESO NO. 6594 -3-
(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
4
6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
6
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
7 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.8 y
o 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
10 format (including any applicable Coastal Commission approvals).
11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
13 10. This project shall comply with all conditions and mitigation measures which are required
14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits. *
, fi 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01-
17 04, and is subject to all conditions contained in Planning Commission Resolutions No.
6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals
18 incorporated herein by reference.
12. This approval shall become null and void if building permits are not issued for this
2Q project within 36 months from the date of final map recordation of CT 01-09.
21 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
22 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
24
14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and 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
27 Local Facilities Management Plan fee for Zone 11, 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
28 approval will not be consistent with the General Plan and shall become void.
PC RESO NO. 6594 -4-
15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
2 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution No. 6594 on the property. Said Notice of Restriction shall
4 note the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
5 record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
7
16. CUP 08-04 shall be reviewed by the Planning Director annually to determine if all
° conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
, r whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
17
17. This Conditional Use Permit is granted without an expiration date. This permit may be
18 revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met.
20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
22 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
25 project's building, improvement, and grading plans.
Code Reminders:
27 20. Developer shall pay a landscape plancheck and inspection fee as required by Section
28 20.08.050 of the Carlsbad Municipal Code.
PC RESO NO. 6594 -5-
21. Approval of this request shall not excuse compliance with all applicable sections of the
2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
3
22. The project shall comply with the latest nonresidential disabled access requirements
4 pursuant to Title 24 of the California Building Code.
23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
6 Code Section 18.04.320.
7 NOTICE
8 Please take- NOTICE that approval of your project includes the "imposition" of fees,
9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
10
. 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
12 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
13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.14
I r 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,
16 zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6594 -6-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONTCfOMERYJOmirperson
CARLSBAD PLANNING COMMISSION
ATTEST:
zh*/ ISM
DON NEU
Planning Director
PC RESO NO. 6594 -7-
1 PLANNING COMMISSION RESOLUTION NO. 6595
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL
INSTITUTION ON PROPERTY GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE - LOT 13
8 CASE NO.: CUP 08-05
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
13 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the
18
Planning Department, LA COSTA TOWN SQUARE LOT 13 - CUP 08-05, as provided by
2Q Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25
relating to the CUP.26
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 13 -
CUP 08-05, based on the following findings and subject to the following
3 conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community,
and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
7 project is consistent with the La Costa Master Plan and General Plan as discussed in
the staff report and the drive-thru, which is an ancillary use to the permitted use in
the C-L zone, provides a desirable service, and is a convenience to the community by
providing increased accessibility to the use and is designed to operate safely and
efficiently within the commercial center. The drive-thru lane includes directional
10 arrows in the parking lot to guide users to the windows and provides adequate
stacking to avoid any impacts to the circulation system, internal or external, and all
drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the
drive-thru lane.
13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the drive-thru lane is
14 designed so that it will not impact other commercial uses in the center. The drive-
thru lane is designed to allow for adequate queuing without blocking the
commercial centers internal circulation aisles, parking aisles, or parking spaces.
3. That the site for the proposed conditional use is adequate in size and shape to
17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
18 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the project complies with all of the applicable
development standards of the C-L Zone and the design of the drive-thru lane
on utilizes a building design element to pass under with planters and landscaping to
screen and separate the drive-thru lane from the parking lot, drive aisles, and
21 Rancho Santa Fe Road.
2 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02
and that the La Costa Town Square Shopping Center has adequate circulation
24 system and all public rights-of way will be in place to accommodate the drive thru.
The project will provide directional signage and arrows in the parking lot to guide
25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting
the internal circulation system.
26 y
27 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
28 ordinances. The project includes elements or has been conditioned to construct or provide
funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
PC RESO NO. 6595 -2-
facilities; libraries; government administrative facilities; and open space, related to the
2 project will be installed to serve new development prior to or concurrent with need.
3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
4
. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and .the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
7
Conditions:
8
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
11 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
12 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
14 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
15 or a successor in interest by the City's approval of this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
I g shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
19
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.
21 4. If any condition for construction of any public improvements or facilities, or the payment
22 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
23 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.
25 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
PC RESO NO. 6595 -3-
(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
4
<- 6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
6
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
7 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.8 y
o 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
10 format (including any applicable Coastal Commission approvals).
11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
13
10. This project shall comply with all conditions and mitigation measures which are required
14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits. -
,,- 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01-
17 04, and is subject to all conditions contained in Planning Commission Resolutions No.
6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals
18 incorporated herein by reference.
19 12. This approval shall become null and void if building permits are not issued for this
2Q project within 36 months from the date of final map recordation of CT 01-09.
21 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
22 adequate water service and sewer facilities, respectively, are available to the project at the
„ time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
24
14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
2" Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
27 Local Facilities Management Plan fee for Zone 11, 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
28 approval will not be consistent with the General Plan and shall become void.
PC RESO NO. 6595 -4-
15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
2 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution No. 6595 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
5 record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
7
16. CUP 08-05 shall be reviewed by the Planning Director annually to determine if all
conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
1 contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
17
17. This Conditional Use Permit is granted without an expiration date. This permit may be
18 revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met.
20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
22 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
^ 3
24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
25 project's building, improvement, and grading plans.
26 Code Reminders:
27 20. Developer shall pay a landscape plancheck and inspection fee as required by Section
28 20.08.050 of the Carlsbad Municipal Code.
PC RESO NO. 6595 -5-
21. Approval of this request shall not excuse compliance with all applicable sections of the
2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
3
22. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
6 Code Section 18.04.320.
7 NOTICE
8 Please take NOTICE that approval of your project includes the "imposition" of fees,
9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
10
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
12 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
13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
i e 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,
16 zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6595 -6-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELTTB. MONTGOMERY, CMKerson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6595 -7-
1 PLANNING COMMISSION RESOLUTION NO. 6596
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 CONSTRUCT A DRIVE THRU FACILITY FOR A DRUG
STORE ON PROPERTY GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE - LOT 15
8 CASE NO.: CUP 08-06
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
j 3 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the
18
Planning Department, LA COSTA TOWN SQUARE LOT 15 - CUP 08-06, as provided by
2Q Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25
relating to the CUP.
26
2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE LOT 15
- CUP 08-06, based on the following findings and subject to the following
3 conditions:
Findings:
That the requested use is necessary or desirable for the development of the community,
5 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
7 project is consistent with the La Costa Master Plan and General Plan as discussed in
the staff report and the drive-thru, which is an ancillary use to the permitted use in
the C-L zone, provides a desirable service, and is a convenience to the community by
providing increased accessibility to the use and is designed to operate safely and
efficiently within the commercial center. The drive-thru lane includes directional
10 arrows in the parking lot to guide users to the windows and provides adequate
stacking to avoid any impacts to the circulation system, internal or external, and all
drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the
drive-thru lane.
13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the drive-thru lane is
14 designed so that it will not impact other commercial uses in the center. The drive-
thru lane is designed to allow for adequate queuing without blocking the
commercial centers internal circulation aisles, parking aisles, or parking spaces.
That the site for the proposed conditional use is adequate in size and shape to
17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
18 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the project complies with all of the applicable
development standards of the C-L Zone and the design of the drive-thru lane
2Q utilizes a building design element to pass under with planters and landscaping to
screen and separate the drive-thru lane from the parking lot, drive aisle, and
21 Rancho Santa Fe Road.
22 4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02
and that the La Costa Town Square Shopping Center has adequate circulation
24 system and all public rights-of way will be in place to accommodate the drive thru.
The project will provide directional signage and arrows in the parking lot to guide
25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting
the internal circulation system.26
27 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
28 ordinances. The project includes elements or has been conditioned to construct or provide
funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
PC RESO NO. 6596 -2-
facilities; libraries; government administrative facilities; and open space, related to the
2 project will be installed to serve new development prior to or concurrent with need.
3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
4
. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
7
Conditions:
8
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
11 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
12 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
14 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
15 or a successor in interest by the City's approval of this Conditional Use Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
1 „ and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
19
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.
21 If any condition for construction of any public improvements or facilities, or the payment
22 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
23 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.
25
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
26 harmless the City of Carlsbad, its Council members, officers, employees, agents, -and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
20 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
PC RESO NO. 6596 -3-
(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
4
6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
6
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
7 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.8 y
n 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
10 format (including any applicable Coastal Commission approvals).
11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
13 10. This project shall comply with all conditions and mitigation measures which are required
14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits. "
., 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01-
17 04 and is subject to all conditions contained in Planning Commission Resolutions No.
6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals
18 incorporated herein by reference.
12. This approval shall become null and void if building permits are not issued for this
2Q project within 36 months from the date of final map recordation of CT 01-09.
21 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
22 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
24
14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
2" Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
27 Local Facilities Management Plan fee for Zone 11, 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
28 approval will not be consistent with the General Plan and shall become void.
PC RESO NO. 6596 -4-
15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
2 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution No. 6596 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
- all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
5 record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
7
16. CUP 08-06 shall be reviewed by the Planning Director annually to determine if all
° conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
1 o fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
1 contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
., whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
17
17. This Conditional Use Permit is granted without an expiration date. This permit may be
18 revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met.
20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
22 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
25 project's building, improvement, and grading plans.
2" 20. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
28 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
PC RESO NO. 6596 -5-
21. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
2 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
3
22. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
<. Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
5 satisfaction of the Planning Director.
7 23. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
10 24. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid
1 any impacts on adjacent homes or property.
1 ^Code Reminders:
25. Developer shall pay a landscape plancheck and inspection fee as required by Section
14 20.08.050 of the Carlsbad Municipal Code.
15
26. 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
1 7 permit issuance, except as otherwise specifically provided herein.
18 27. The project shall comply with the latest disabled access requirements pursuant to Title 24
of the California Building Code.
19
28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
21 "
22
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24
25
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27
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PC RESO NO. 6596 -6-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTEWB. MONTG*
CARLSBAD PLANNI
ATTEST:
rson
ION
DON NEU
Planning Director
PC RESO NO. 6596 -7-
1 PLANNING COMMISSION RESOLUTION NO. 6597
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO
4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL
INSTITUTION ON PROPERTY GENERALLY LOCATED
NORTHERLY AND EASTERLY OF THE LA COSTA
6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION
IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL
7 FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE - LOT 22
8 CASE NO.: CUP 08-07
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
10
verified application with the City of Carlsbad regarding property described as
11
A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
13 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use
17
Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the
18
Planning Department, LA COSTA TOWN SQUARE LOT 22 - CUP 08-07, as provided by
20 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25
relating to the CUP.26
2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 22 -
CUP 08-07, based on the following findings and subject to the following
3 conditions:
Findings;
That the requested use is necessary or desirable for the development of the community,
5 and is in harmony with the various elements and objectives of the general plan, including,
if applicable, the certified local coastal program, specific plan or master plan, in that the
7 project is consistent with the La Costa Master Plan and General Plan as discussed in
the staff report and the drive-thru, which is an ancillary use to the permitted use in
the C-L zone, provides a desirable service, and is a convenience to the community by
providing increased accessibility to the use and is designed to operate safely and
efficiently within the commercial center. The drive-thru lane includes directional
10 arrows in the parking lot to guide users to the windows and provides adequate
stacking to avoid any impacts to the circulation system, internal or external, and all
drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the
drive-thru lane.
13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the drive-thru lane is
14 designed so that it will not impact other commercial uses in the center. The drive-
thru lane is designed to allow for adequate queuing without blocking the
* -* commercial centers internal circulation aisles, parking aisles, or parking spaces.
3. That the site for the proposed conditional use is adequate in size and shape to
17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
18 planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the project complies with all of the applicable
development standards of the C-L Zone and the design of the drive-thru lane
20 utilizes a building design element to pass under with planters and landscaping to
screen and separate the drive-thru lane from the parking lot, drive aisles, and La
21 Costa Avenue.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02
and that the La Costa Town Square Shopping Center has adequate circulation
24 system and all public rights-of way will be in place to accommodate the drive thru.
The project will provide directional signage and arrows in the parking lot to guide
25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting
the internal circulation system.26
5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
28 ordinances. The project includes elements or has been conditioned to construct or provide
funding to ensure that all facilities and improvements regarding sewer collection and
treatment; water; drainage; circulation; fire; schools; parks and other recreational
PC RESO NO. 6597 -2-
facilities; libraries; government administrative facilities; and open space, related to the
2 project will be installed to serve new development prior to or concurrent with need.
3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
4
7. 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
g to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
7
Conditions:
8
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
11 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
12 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
14 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
15 or a successor in interest by the City's approval of this Conditional Use Permit.
*" 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
, ~ and modifications to the Conditional Use Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
lg shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
19
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.
21 4. If any condition for construction of any public improvements or facilities, or the payment
22 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
23 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.
25
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
' and costs, including court costs and attorney's fees incurred by the City arising, directly
2g or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
PC RESO NO. 6597 -3-
(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
4
- 6. Developer shall implement, or cause the implementation of, the La Costa Town Square
EIR 01-02 Project Mitigation Monitoring and Reporting Program.
6
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
7 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.8 y
o 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
10 format (including any applicable Coastal Commission approvals).
11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
13 10. This project shall comply with all conditions and mitigation measures which are required
14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits. "
. 6 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01-
17 04 and is subject to all conditions contained in Planning Commission Resolutions No.
6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals
18 incorporated herein by reference.
12. This approval shall become null and void if building permits are not issued for this
20 project within 36 months from the date of final map recordation of CT 01-09.
21 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
22 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
24
14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and 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
27 Local Facilities Management Plan fee for Zone 11, 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
28 approval will not be consistent with the General Plan and shall become void.
PC RESO NO. 6597 -4-
15. Developer shall submit to the City a Notice of Restriction executed by the owner of the
2 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional
Use Permit by Resolution No. 6597 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and
- all conditions of approval as well as any conditions or restrictions specified for inclusion
in the Notice of Restriction. The Planning Director has the authority to execute and
6 record an amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
7
16. CUP 08-07 shall be reviewed by the Planning Director annually to determine if all
conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
being or has been so exercised as to be detrimental to the public health, safety or welfare
14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
17
17. This Conditional Use Permit is granted without an expiration date. This permit may be
18 revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or the
1 conditions imposed herein have not been met.
20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and
21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
22 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
25 project's building, improvement, and grading plans.
20. Developer shall submit and obtain Planning Director approval of a Final Landscape and
27 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
28 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
PC RESO NO. 6597 -5-
21. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
2 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
3
22. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
- Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
5 satisfaction of the Planning Director.
7 23. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
10 24. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid
1 any impacts on adjacent homes or property.
19 Code Reminders:
13 25. Developer shall pay a landscape plancheck and inspection fee as required by Section
14 20.08.050 of the Carlsbad Municipal Code.
15 26. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
17 27. The project shall comply with the latest disabled access requirements pursuant to Title 24
18 of the California Building Code.
28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
21 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
23 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
24
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
27 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
28
PC RESO NO. 6597 -6-
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on July IS, 2009 by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONT(fOMERY,^iairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6597 -7-