Loading...
HomeMy WebLinkAbout2011-12-13; City Council; 20762; GREEN DRAGON COLONIAL VILLAGEAB# MTG. DEPT. 20.762 CITY OF CARLSBAD-AGENDA BILL 9 DEPT. DIRECTOR ^^Kt 12/13/11 CED GREEN DRAGON COLONIAL VILLAGE CUP 08-08(A) CITY ATTORNEY CITY MANAGER [M~ RECOMMENDED ACTION: That the City Council hold a public hearing and ADOPT Resolution No. 2011-286 APPROVING Conditional Use Permit Amendment (CUP 08-08(A)) as recommended for adoption and approval by the Planning Commission. ITEM EXPLANATION: Project Application(s) Administrative Approvals Planning Commission City Council Conditional Use Permit RA X Coastal Development Permit X RA = Recommended Approval X = Final City decision-making authority y - requires Coastal Commission approval On November 2, 2011 the Planning Commission conducted a public hearing and recommended to the City Council approval (6-1, Commissioner Siekmann opposed) of Conditional Use Permit Amendment (CUP 08-08(A)) for the previously approved Green Dragon Colonial Village project, which is generally located on the west side of Paseo Del Norte and south of Palomar Airport Road, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. The location of the project site within the CommercialA/isitor-Serving Overlay Zone requires City Council approval of the proposed CUP Amendment. The proposed Conditional Use Permit Amendment revises conditions no. 12, 15, 31, 32, and 33 of Planning Commission Resolution No. 6550 to address a property owner leasing issue and to also request an additional one (1) year time extension to process development permits. The Developer has acted in a timely manner in processing development permits for this project. Grading Plans, Improvement Plans, and Building Plans have been submitted and reviewed by the City, but have not yet received their approvals due to minor corrections and general compliance with conditions of approval. No physical changes in the approved project are proposed as part of this amendment. At the same public hearing held on November 2, 2011, the Planning Commission also approved (7-0) Coastal Development Permit Amendment (CDP 08-13(A)). No public comments were received during the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project is included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed discretionary actions. DEPARTMENT CONTACT: Jason Goff 760-602-4643 iason.qoff(S)carlsbadca.qov FOR CITY CLERKS USE ONL Y. ^ COUNCIL ACTION: APPROVED yOv DENIED • CONTINUED • WITHDRAWN • AMENDED • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER - SEE MINUTES • Page 2 FISCAL IMPACT: There are no fiscal impacts associated with the proposed Conditional Use Permit Amendment. ENVIRONMENTAL IMPACT: The Green Dragon Colonial Village project was originally approved with a Mitigated Negative Declaration (City Council Resolution No. 2009-105, dated June 2, 2009). Staff has reviewed the proposed amendments and request for extension. The Planning Director has determined that; the project is still in compliance and within the scope of the prior environmental documents; the project has no new significant environmental effects not analyzed as significant in the prior Mitigated Negative Declaration; none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist, and no further CEQA compliance is required. EXHIBITS: 1. City Council Resolution No. 2011-286 2. Location Map 3. Planning Commission Resolutions No. 6838 and 6839, dated November 2, 2011. 4. Planning Commission Staff Report, dated November 2, 2011. 5. Draft Excerpts of Planning Commission Minutes, dated November 2, 2011. 2, EXHIBIT 1 1 RESOLUTION NO. 2011-286 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE 3 PERMIT AMENDMENT TO REVISE CONDITIONS OF APPROVAL IN PLANNING COMMISSION RESOLUTION NO. 4 6550 ASSOCIATED WITH THE GREEN DRAGON COLONIAL VILLAGE PROJECT, GENERALLY LOCATED ON THE WEST 5 SIDE OF PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN THE MELLO II SEGMENT OF THE 6 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 7 CASE NAME: GREEN DRAGON COLONIAL VILLAGE CASE NO.: CUP 08-08(A) The City Council of the City of Carlsbad, California, does hereby resolve as 8 9 follows: 10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 11 Commission did, on November 2, 2011, hold a duly noticed public hearing as prescribed by law 12 to consider Conditional Use Permit Amendment (CUP 08-08(A)); and 13 WHEREAS, the City Council of the City of Carlsbad, on the day of 14 ^ 2011, held a duly noticed public hearing to consider said Conditional Use 15 Permit Amendment, and at that time received recommendations, objections, protests, 16 comments of all persons interested in or opposed to CUP 08-08(A). 17 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City ^ ^ of Carlsbad as follows: 1. That the above recitations are true and correct. OA 2. That the recommendation of the Planning Commission for the approval of 21 a Conditional Use Permit Amendment is adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 6838 22 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 23 3. This action is final the date this resolution is adopted by the City Council. 24 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 25 26 27 28 /// /// /// 1 "NOTICE TO APPLICANT" 2 The time within which judicial review of this decision must be sought is governed 2 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 4 other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; 5 however, if within ten days after the decision becomes final a request for the g record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in 7 court is extended to not later 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 g proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13* day of December, 2011, by the following vote to wit: 10 11 12 13 AYES: Council Members Hall, Kulchin, Blackburn and Packard 14 15 NOES: None 16 17 ABSENT: Council Member Douglas 18 19 20 21 MATT MALL, Mayor 22 ATTEST: (SEAL) EXHIBIT 2 A/ wor TO SCALE SITE MAP Green Dragon Colonial Village CUP 08-08(A) 5 EXHIBIT 3 5 ^ PLANNING COMMISSION RESOLUTION NO. 6838 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT 4 AMENDMENT TO REVISE CONDITIONS OF APPROVAL IN PLANNING COMMISSION RESOLUTION NO. 6550 ASSOCIATED WITH THE GREEN DRAGON COLONIAL 6 VILLAGE PROJECT, GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE AND SOUTH OF PALOMAR 7 AIRPORT ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 9 CASE NAME: GREEN DRAGON COLONIAL VILLAGE CASE NO.: CUP 08-08(A) 8 15 18 19 21 22 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application 10 11 J2 with the City of Carlsbad regarding property described as 13 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of 14 the County Recorder of San Diego County, June 8,1977 as File No. 77-224223 (APN 211-040-21 also known as Parcel A, which is under Fee Simple ownership interest by applicant Bruce 15 Bartlett), and 17 That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 (APN 211-040-04 also known as Parcel B, which is under long- 20 term Leasehold interest between applicant Bruce Bartlett and the underlying property owners (the Gaiser Family Trust), and The southerly 120.00 feet (measured along the easterly line thereof) of that portion of Lot "H" of Rancho Agua Hedionda, 23 in the County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder 24 of San Diego County, November 16,1896 (APN 211-050-16 also known as Parcel C, which is under long-term Leasehold interest between applicant Bruce Bartlett and the underlying property 2^ owners (the Winter Family Trust) 27 ("the Property"); and 28 WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shovm on Exhibits "A" - "Q" dated April 15, 2009, on file in the 1 2 3 4 5 28 Planning Department, GREEN DRAGON COLONIAL VILLAGE - CUP 08-08(A), as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 2, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and 6 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP Amendment; and WHEREAS, on June 2, 2009, the City Council approved CUP 08-08, as described and conditioned in City Council Resolution No. 2009-105, and contained in 7 8 9 10 11 12 Planning Commission Resolution No. 6550. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 14 Commission of the City of Carlsbad as follows: ^ ^ A) That the foregoing recitations are true and correct. 16 B) That based on the evidence presented at the public hearing, the Commission 17 RECOMMENDS APPROVAL of GREEN DRAGON COLONIAL VILLAGE - CUP 08-08(A), based on the following findings and subject to the following conditions: Findings; 18 19 20 „ 1. All the findings contained and referenced in Planning Commission Resolution No. 21 6550 dated April 15, 2009 for CUP 08-08, and City Council Resolution No. 2009-105 22 dated June 2, 2009 are incorporated herein by reference and remain in effect. 23 2. 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 24 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. 26 Conditions: 27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. PC RESO NO. 6838 -2-1 ^ 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 fiirther condition issuance of all fiiture building permits; deny, revoke, or fiirther 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 6 or a successor in interest by the City's approval of this Conditional Use Permit Amendment. 5 7 8 15 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit Amendment documents, as necessary 9 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 10 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 12 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 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 14 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 1 g all requirements of law. 17 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and ^ ^ representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit 20 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 21 (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 23 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 22 24 25 6. All conditions contained and referenced in Planning Commission Resolution No. 6550 dated April 15, 2009 for CUP 08-08, and City Council Resolution No. 2009-105 2g dated June 2, 2009, are incorporated herein by reference and remain in effect, except for Conditions No. 12,15, 31, 32, and 33 of Planning Commission Resolution 27 No. 6550 which are superseded by Conditions No. 7, 8, 9,10, and 11 listed below. 28 7. This approval shall become null and void if building permits are not issued for this project by June 2,2013. PC RESO NO. 6838 -3- 4 ^ 8. Prior to the issuance of the grading permit. Developer shall submit to the City a Notice 2 of Restriction executed by the owners of Parcels A (APN 211-040-21) and B (APN 211-050-04). Said notice is to be filed in the office of the County Recorder, subject to the 3 satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit Amendment and Coastal Development Amendment by Resolutions No. 6838 and 6839 on the property. 2 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 6 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 7 which modifies or terminates said notice upon a showing of good cause by the Developer „ or successor in interest. o 9 9. Developer shall cause property owners of Parcels A (APN 211-040-21) and B (APN 211-050-04) to execute and submit to the City Engineer for recordation, the City's 10 standard form Geologic Failure Hold Harmless Agreement. 10. Developer shall cause property owners of Parcels A (APN 211-040-21) and B (APN 12 211-050-04) to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 13 11. Developer shall cause property owners of Parcels A (APN 211-040-21) and B (APN ^4 211-050-04) to process, execute and submit an executed copy to the City Engineer for 1^ recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, 16 applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs 17 first for this Project. 18 12. Developer shall process, execute and submit an executed copy to the City Engineer for 19 recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, 20 applicable site design and source control, post-construction permanent Best Management Practices shown on Parcel C (APN 211-050-16) prior to the issuance of a grading permit ^ ^ or building permit, whichever occurs first for this Project. 22 13. Developer shall submit documentation, subject to city engineer approval, demonstrating 23 how this project complies with new Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water 24 Management Plan (SWMP). 25 26 27 28 PC RESO NO. 6838 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, Califomia, held on November 2, 2011 by the following vote, to wit: AYES: NOES: ABSENT: JSTAIN: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, Scully and Schumacher Commissioner Siekmann STEPHfi??TOP"Y'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION A3TEST: DON NEU Planning Director PC RESO NO. 6838 -5-10 ^ PLANNING COMMISSION RESOLUTION NO. 6839 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT TO 4 REVISE CONDITIONS OF APPROVAL IN PLANNING COMMISSION RESOLUTION NO. 6551 ASSOCIATED WITH THE GREEN DRAGON COLONIAL VILLAGE PROJECT, 6 GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT ROAD, 7 WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: GREEN DRAGON COLONIAL VILLAGE CASE NO: CDP08-13(A) 5 8 9 10 11 12 19 23 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as: 13 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of 14 the County Recorder of San Diego County, June 8,1977 as File No. 77-224223 (APN 211-040-21 also known as Parcel A, which is under Fee Simple ownership interest by applicant Bruce J g Bartlett), and 17 That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, 18 according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 (APN 211-040-04 also known as Parcel B, which is under long- 2Q term Leasehold interest between applicant Bruce Bartlett and the underlying property owners (the Gaiser Family Trust), and 21 The southerly 120.00 feet (measured along the easterly line 22 thereof) of that portion of Lot "H" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder 24 of San Diego County, November 16,1896 (APN 211-050-16 also known as Parcel C, which is under long-term Leasehold interest 25 between applicant Bruce Bartlett and the underlying property owners (the Winter Family Trust) 2y ("the Property"); and 28 WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits "A" - "Q" dated April 15, 2009, on file in the Planning Department, GREEN DRAGON COLONIAL VILLAGE - CDP 08- 13(A), as provided in Chapter 21.81.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 2, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and 5 WHEREAS, at said public hearing, upon hearing and considering all testimony 7 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit Amendment, and WHEREAS, on June 2, 2009, the City Council approved CDP 08-13, as described and conditioned in City Council Resolution No. 2009-105, and contained in Planning Commission Resolution No. 6551. 8 9 10 11 12 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 14 Commission of the City of Carlsbad, as follows: 1 ^ A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 17 APPROVES GREEN DRAGON COLONIAL VILLAGE - CDP 08-13(A), based on the following findings and subject to the following conditions: 18 19 20 23 Findings: 1. All the findings contained and referenced in Planning Commission Resolution No. 6551 dated April 15, 2009 for CDP 08-13, and City Council Resolution No. 2009-105 21 dated June 2, 2009, are incorporated herein by reference and remain in effect. 22 2. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 24 degree of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions: 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 27 2g 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 12 PC RESO NO. 6839 revoke or modify all approvals herein granted; deny or further condition issuance of all 2 future building permits; deny, revoke, or farther condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 3 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 4 or a successor in interest by the City's approval of this Coastal Development Permit ^ Amendment. 5 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment documents, as 7 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 8 19 9 this approval. 10 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. j2 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 13 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 14 invalid unless the City Council determines that the project without the condition complies ^ ^ with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 17 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 18 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 20 (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 21 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 22 approval is not validated. 23 All conditions contained and referenced in Planning Commission Resolution No. 24 6551 dated April 15, 2009 for CDP 08-13, and City Council Resolution No. 2009-105 dated June 2, 2009, are incorporated herein by reference and remain in effect, 25 except for Conditions No. 8 of Planning Commission Resolution No. 6551 which is superseded by Condition No. 7 listed below. 26 7. This approval shall become null and void if building permits are not issued for this project by June 2, 2013. 28 " PC RESO NO. 6839 -3- 7 ^ NOTICE 2 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 4 "fees/exactions. 5 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 6 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 g annul their imposition. 9 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, 10 zoning, grading, or other similar application processing or service fees in connection with this J J 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning ^4 Commission of the City of Carlsbad, Califomia, held on November 2, 2011, by the following 15 vote, to wit: 16 AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard, 17 Scully, Schumacher and Siekmann 18 19 20 21 22 23 25 26 27 NOES: ABSENT: ABSTAIN: STEPHEN "HAP" L'peUREUX, Chairperson 24 CARLSBAD PLANNING COMMISSION ATTEST: L2t 28 DON NEU Planning Director PC RESO NO. 6839 -4- The City of Carlsbad Planning Division EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. 1 P.C. AGENDA OF: November 2, 2011 Application complete date: September 8, 2011 Project Planner: Jason Goff Project Engineer: Tecla Levy SUBJECT: CUP 08-08(A)/CDP 08-13(A) - GREEN DRAGON COLONIAL VILLAGE - A request for a recommendation of approval of a Conditional Use Permit Amendment and a request for approval of a Coastal Development Permit Amendment to revise conditions of approval in Planning Commission Resolutions No. 6550 and 6551 associated with the Green Dragon Colonial Village project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6838 RECOMMENDING APPROVAL of a Conditional Use Permit Amendment (CUP 08-08(A)), and ADOPT Planning Commission Resolution No. 6839 APPROVING a Coastal Development Permit Amendment (CDP 08-13(A)), based on the findings and subject to the conditions contained therein. n. INTRODUCTION Mr. Bmce Bartlett, the Developer for the Green Dragon Colonial Village, has requested an amendment to conditions no. 12, 15, 31, 32, and 33 of Planning Commission Resolution No. 6550 and Condition No. 8 of Planning Commission Resolution No. 6551 to 1) revise conditions to address leasing issues and 2) request an additional one (1) year time extension to process development permits. The Developer has acted in a timely manner in processing development permits for this project. Grading Plans, Improvement Plans, and Building Plans have been submitted and reviewed by the City, but have not yet received their approvals due to minor corrections and general compliance with conditions of approval. No physical changes in the approved project are proposed as part of this amendment. III. PROJECT DESCRIPTION AND BACKGROUND On June 2, 2009 the City Council approved (City Council Resolution No. 2009-105) a Conditional Use Permit (CUP) and Coastal Development Permit (CDP), and also adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Green Dragon Colonial Village development project, which is generally located on the west side of Paseo Del Norte and south of Palomar Airport Road, and is within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. CUP 08-08(A)/CDP 08-13(A) - GREEN DRAGON COLONIAL VILLAGE November 2, 2011 PaRC 2 The approved development project involves the partial demolition of the existing vacant one- story Hadley's commercial building located specifically at 6115 Paseo Del Norte, and the reconstmction of the facility into a 21,281 square foot combination one-and-two story multi-use commercial building, which will include a restaurant, museum, and meeting rooms. The project site is comprised of three properties with three separate property owners. The southernmost property (APN 211-040-21 also known as Parcel A) is currently developed as a parking lot and is under Fee Simple ownership interest by the Developer, Mr. Bmce Bartlett. The center property (APN 211-040-04 also known as Parcel B), which is currently developed with the vacant Hadley's building, is under long-term Leasehold interest between Mr. Bartlett and the underlying property owners, the Gaiser Family Tmst. The northernmost property (APN 211-050-16 also known as Parcel C) is currently developed as a parking lot and is under long- term Leasehold interest between Mr. Bartlett and the underlying property owners, the Winter Family Tmst. The reason for the requested amendment is to revise conditions of approval pertaining to indemnity, hold harmless, and/or standard form agreements, as they relate specifically to Parcel C and the underlying property owners, the Winter Family Trust. In a letter dated April 27, 2010 (see attachment), the Winter Family Tmst stated that they "understood that all indemnity and other agreements were to be executed by the developer/owner, Mr. Bartlett, as owner of a fee interest in one parcel and with respect to his leasehold interests only on the other two parcels" and furthermore that "the Trust had no interest whatsoever in the Green Dragon project and would not accept any additional financial obligations or liabilities." As such, the Developer is requesting to amend Conditions 15, 31, 32, and 33 from Planning Commission Resolution No. 6550 as they relate specifically to Parcel C. The amendment consists of deleting Conditions No. 15, 31, 32, and 33 and replacing them with Conditions No. 8, 9, 10, and 11 from Planning Commission Resolution No. 6838 as described below. Replacement Condition No. 8, as shown below, has been modified from the original condition (Condition No. 15 of Planning Commission Resolution No. 6550) so that the Notice of Restriction requirement shall now only apply to the owners of Parcel A (APN 211-040-21) and Parcel B (APN 211-050-04). The original condition followed by the replacement condition is as follows: Original Condition No. 15 (PC Resolution No. 6550): 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 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit and Coastal Development Permit by Resolutions No. 6550 and 6551 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 Plaiming 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. CUP 08-08(A)/CDP 08-13(A) - GREEN DRAGON COLONIAL VILLAGE November 2, 2011 Page 3 Replacement Condition No. 8 (PC Resolution No. 6838: Prior to the issuance of the grading permit. Developer shall submit to the City a Notice of Restriction executed by the owners of Parcels A (APN 211-040-21) and B (APN 211-050- 04). 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 Conditional Use Permit Amendment and Coastal Development Amendment by Resolutions No. 6838 and 6839 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 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. Replacement Condition No. 9, as shown below, has been modified from the original condition (Condition No. 31 of Planning Commission Resolution No. 6550) so that the City's standard form Geologic Failure Hold Harmless Agreement shall now only apply to the owners of Parcel A (APN 211-040-21) and Parcel B (APN 211-050-04). The original condition followed by the replacement condition is as follows: Original Condition No. 31 (PC Resolution No. 6550): Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. Replacement Condition No. 9 (PC Resolution No. 6838: Developer shall cause property owners of Parcels A (APN 211-040-21) and B (APN 211- 050-04) to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. Replacement Condition No. 10, as shown below, has been modified from the original condition (Condition No. 32 of Planning Commission Resolution No. 6550) so that the City's standard form Drainage Hold Harmless Agreement shall now only apply to the owners of Parcel A (APN 211-040-21) and Parcel B (APN 211-050-04). The original condition followed by the replacement condition is as follows: Original Condition No. 32 (PC Resolution No. 6550): Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. Replacement Condition No. 10 (PC Resolution No. 6838: Developer shall cause property owners of Parcels A (APN 211-040-21) and B (APN 211- 050-04) to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 17 CUP 08-08(A)/CDP 08-13(A) - GREEN DRAGON COLONIAL VILLAGE November 2, 2011 Page 4 Replacement Condition No. 11, as shown below, has been modified from the original condition (Condition No. 33 of Planning Commission Resolution No. 6550) so that the City's standard form Permanent Stormwater Quality Best Management Practice Maintenance Agreement shall now only apply to the owners of Parcel A (APN 211-040-21) and Parcel B (APN 211-050-04). The original condition followed by the replacement condition is as follows: Original Condition No. 33 (PC Resolution No. 6550): 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 treatment control, applicable site design and source control, post-constmction permanent Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. Replacement Condition 11 (PC Resolution No. 6838: Developer shall cause property owners of Parcels A (APN 211-040-21) and B (APN 211- 050-04) 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 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, whichever occurs first for this Project. Additionally, in Planning Commission Resolution No. 6838, new Condition No. 12 is being added to require the Developer in this case to process, execute, and submit for recordation the City's standard form Permanent Stormwater Quality Best Management Practice Maintenance Agreement as it pertains to Parcel C (APN 211-050-16); and new Condition No. 13 is being added to reflect an updated standard condition of approval that has been put in place since the original project approval. In addition to the above, the developer is also requesting a one (1) year time extension to assist in processing the development permits for the project. The amendment consists of deleting Condition No. 12 from Planning Commission Resolution No. 6550 and Condition No. 8 from Planning Commission Resolution No. 6551 and replacing them with Condition No. 7 from Planning Commission Resolution No. 6838 and Condition No. 7 of Planning Commission Resolution No. 6839. Both conditions of approval read as follows: This-approval shall become null and void if building permits are not issued for this project by June 2,2013. The above conditions of approval will be superseded by new conditions of approval in Planning Commission Resolutions No. 6838 and 6839. Original conditions of approval and findings still relevant from Planning Commission Resolutions No. 6550, 6551, and City Council Resolution No. 2009-105 have been cross referenced for consistency throughout. Staff has analyzed the project and is recommending approval of the proposed amendments as described above. 1^ CUP 08-08(A)/CDP 08-13(A) - GREEN DRAGON COLONIAL VILLAGE November 2, 2011 Page 5 IV. ANALYSIS The project remains in compliance with the General Plan, current codes, and policies as conditioned. No change in the design of the project is being proposed. Except as noted above, the original conditions of approval contained within City Council Resolution No. 2009-105, Planning Commission Resolution No. 6550, and Planning Commission Resolution No. 6551 have been incorporated by reference into replacement Planning Commission Resolutions No. 6838 and 6839. V. ENVIRONMENTAL REVIEW The Green Dragon Colonial Village project was originally approved with a Mitigated Negative Declaration (City Council Resolution No. 2009-105, dated June 2, 2009). Staff has reviewed the proposed amendments and request for extension. The Planning Director has determined that; the project is still in compliance and within the scope of the prior environmental documents; the project has no new significant environmental effects not analyzed as significant in the prior Mitigated Negative Declaration; none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist, and no ftirther CEQA compliance is required. ATTACHMENTS: 1. Planning Commission Resolution No. 6838 (CUP) 2. Planning Commission Resolution No. 6839 (CDP) 3. Location Map 4. Letter dated April 27, 2010 from Ron Rouse representing the Winter Family Tmst 5. Disclosure Statements 6. Planning Commission Resolution No. 6549 (MND) 7. Planning Commission Resolution No. 6550 (CUP 08-08) 8. Planning Commission Resolution No. 6551 (CDP 08-13) 9. City Council Resolution No. 2009-105 10. Reduced Exhibits 1^ N NOT TO SCALE SITE MAP Green Dragon Colonial Village CUP 08-08(A) / CDP 08-13(A) 20 ATTORNEYS AT LAW • FOUNDED 1873 Luct, FORWARD, HAMILTON & SCRIIT? LLP RONALD W. ROUSE, PARTNER DIRECT DIAL NUMBER 619.699,2572 DIRECT FAX NUMBER 619.235.1338 EMAIL ADDRESS rrouse@luce.com 600 West Broadway Suite 2600 San Diego, CA 92101 619.236.1414 619.232.8311 fax www.luce.com O'DAV CONSULTANTS ,Mc, 28 2010 RECEIVED April 27, 2010 VIA U.S. MAIL AND E-MAIL Mr. George O'Day O'Day Consultants 2710 Loker Avenue West, Suite 100 Carlsbad, CA 92010-6609 Re: Green Dragon Colonial Village Dear Mr. O'Day: We are counsel for the Winter Family Trust sole trustee, Mrs. Barbara Winter (Mr. Ray Winter has passed away). Your letter to Mrs. Winter and enclosures were forwarded to me for reply. On behalf of the Winter Family Trust, when we first learned of the proposed CUP/CDF, we made it abundantly clear that the Winter Trust would not be signing any indemnity, hold harmless or similar "standard form" agreements as the Trust had no interest whatsoever in the Green Dragon project and would not accept any additional financial obligations or liabilities. A number of modifications were made to the approval documents to correctly identify Mr. Bartlett's ownership of fee and leasehold parcels for his project (correcting prior discrepancies/inaccuracies), and among other changes, the duration of the approvals were made to coincide with the leasehold expiration dates so as not to encumber the Winter Family Trust fee ownership beyond the duration of the leasehold to Mr. Bartlett. We understood that all indemnity and other agreements were to be executed by developer/owner, Mr. Bartlett, as owner of a fee interest in one parcel and with respect to his leasehold interests only on the other two parcels. I am forwarding a copy of this letter/email to Hofman Planning as well. t all future communications to me as Mrs. Winter is presently out of the country. yours, y I^iiald W. Rouse o' LUCE, FORWARD, HAMILTON & SCRIPPS LLP RWR/lb cc: Mr. Bill Hofinan/Mr. Eric Munoz (via e-mail) 101240347.1 CARMEL VALLEY/DEL IVIAR Los ANGELES SAN DIEGO SAN FRANCISCO PARCEL'W (SOUTHERN PARCEL) City of parlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following infonnation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as *Any individual, firrn, co-partnership, joint venture, association, social dub, fraternal organization, corporation, estate, tnjst, receiver, syndicate, In this and any other county, city and county, city municipality, district or other political subdivision or any other grbUp of combination acting as a unit* Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. ^ M (L<L<t \ A 1. APPLICANT (Not the applicant's agent) ' ' ' Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned conporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title (A separate pagejnay be attached if necessary.) Dt^uc^e f^^ BarikH- Coro/Patt 6ree<^ brcicjOh T^uerK p^r^C Title Address 0 W6G5^ Address A iCQ b^l No Co, Is j)aj, Cct. <7a 0 > ' OWNER (Not the'bwner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publictv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title Title Address. Add.'"9£S 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us @ 22- NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust_ Title Title Address. Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I [ Yes El No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the t>est of my knowledge. Signature of owner/date Print or type name of owner Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 6/98 Page 2 of 2 May 18, 2009 Jason Goff 1635 Faraday Avenue Carlsbad, CA 92008 Green Dragon - Letter of Consent, Parcel A ownership As property owner of Parcel A, proposed for development with the Green Dragon project via CUP 08-08 and CDP 08-13,1 consent to the CUP application and the project In general. I understand that City Council has final action on this matter. I can be reached at (508) 942-1930. Sincerely, Bruce Bartlett 2^ PARCEL"B" (MIDDLE PARCEL WHICH INCLUDES THE EXISTING HADLEY'S BUILDING) City of Carlsbad Planning Department PA^ficg.i^ B DISCLOSURE STATEMENT cuP^9'08/cpp oe^lj Applicant's statement or disdosure of certain ownership interests on all applications which will require discretionary action on the part of the City Coundl or any appointed Board, Cpmrnfesion or Committee. The following Information MUST be disclosed al the lime of application submittal. Your project cannot be reviewed until this information is completed. Please print ?>ets6hM2fierme(iiasi'M^ orgaritraiiohil corp^orattoni:^tele,.Jmst^-r«;eiy^^ Agents'may;si^nl i^istdoctim't^'ifw ijroperty. owner must' be pi^vide^H^ipw?^^ ,V: 1. APPLICANf^ot the applicant's agent) Provide the COMPLETE, LEGAL, names and addressiss of ALL persons having a financial interest In the applicatloi^tf the applicant Includes a corporatioVor oartnefshlp. indude the names, tWe, addresses of a8 inoMduals owning more than 10% of the slWes. IF NO INDIVIDUALS OWN MORE THAN 10% OF THBsSHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW, If a publictv-owned corporation, include the names, liWsg, and addresses of the corporate officers. (A separate pag^sp^ay be attached if necessary.) Corp/Part Per5on_ Titte Title Address Address OWNER (Not the owner's agent} P^Rce-t, 6 Ct^?t^ •2.ll-OirO.-^oH) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership- interest in the property involved. Also, provide the nature of the legal ownership (i e. partnership, tenants in connmon, non-profit, corporation, etc.). If the ownership Includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INOn/IDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporatten. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person oafvc- [n- CAC-^C eonp/Part Via(\e, fA. &at5g-<" Title Tt-tAS-rg^ Title TVuLs -t-Teg. Address 73 HO P^^'J^e-cr^r Dr. Address ^3HO P'l'd.^ecr'g-S-r Di". uo mo 1635 Faraday Avenue • Carlsbad. CA S2008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.eaflsb3<J.ca,us ^ NON-PRORT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oroanizBflor> or a trust list the names and addresses of ANY person serving as an officer or dH'eclCM' of the non-profit organization or as trustee or beneficiary of the. Non Profit/Totst J^ne ffv. C^r-hw Non Profri/Toist P lA, C-ro^ t s«g-r" Title -Trixs-reg. ntle Trv.,«f-^-^. • Address -5? to gr^ecreS-f D r. Pr. Address 33^fo ^^^g^cr-<3'r 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Comrtilssions, CommRlees and/or CouncB within the past tw^ve (12) months? • NO Yes If yes. please indicate personfs): Dr W\(X:fV^ 'Vmrktlfril. 1.4 w^\^ rJp.nH^y^. VuyivirA \rjb^ 1^ \rwv)i1n^. I h^-e^ va.-eAVict .«.:u_.^u, ^^^^t m.a4n ^soc of oienial ta^^^ NOTE: Attach additional sheets if necessary. I certify that ail the above rjfonnation is true and conect to the best of my knowledge, signature of ovimer/date Print or type name of owner Signature of applicant/date P\'ar>g- M. Grai'ser Print or type name of opplicant »l*Jl^«.r-' Signature of owner/applieanP'S agent if appncable/date Print or type name of owner/appliconfa agent H>\0MIM\COUNTER\DISCLOSUBE STATEMENT 12/06 Page 2 of 2 May 27 09 10:24p P'^ 3. NON-PROFIT ORGANZZATiON OR TRUST If anv person IdenSned nureuant to fH or fin stocn^ te « nonoroflt organfcpBgon or s ln«st. S^Lhs names arwf addnawes of A^X peison ssrytng as an officer or director o( tie norhprofit organizaSon or 86 trustee or benefldary of the. NonPioBtn-niSt Jfiw.g.av. CLr-hcc NonPtotiyTnwt DC^A^IA. C^I^CLJC TMe^fuvrfce Tito. TrM^Tgff.i. ^ 4. HavB you had mora than $500 worth of buslnesa transacted wHh any n>ert«>er of City staff. Boards, Comminions. Cotnmtttees and/or Cound withh <ha past twelve (12) months? i I Yes n No If yes, please huflcste p«Bon(8>; NOTE: Attach addlQonal sheets ir necessaiy. I cariify thai al the above irifbmiatlon to tnie and correct to the liest erf my knowledge. Slgnatire o( 0¥vnerMatB Signature of applicant/date Print or type name of owner Prfeit or type name of-appficanf »u»A<.r^ Sigrwture of owner/appOeanVa agent if appRcabie/date Print or type name of ownor/apptiBanl'a agent H:«HDMIHCOUmB«)1SCU0SUREBTATCUEtn 13n« PB8e2af2 21 05/21/2009 09:12 76074777B0 JMCARTER CPA PAGE 01 MARY CuvRNO Asttrmy «t l-Bii 2442 STAre STREET SAN DIEGO, CALIFORNIA 92JQ1 iirvdaniQ9>bc^b>l.i)e( («19) 236-8272 619.236.84^ £tt CERTIFICATION OF TRUST AGREEMENT 1, Mary Clarno, declare and state: a. I am an active member of The State Bar of California, i have att;ached as Exhibit "A" a true and correct copy of the following portions of the JAMES AND DOROTHY GAISER TRUST dated April 11, 197B (and restated on April 20, 1992): 1. Creation of Trust 2, Identification of Successor Trustees 3, Powers of the Trustees 4. Signature Pages. 2. The JAMES AND DOROTHY GAISER TRUST dated April 11, 1978 (and restated on April 20, 1992), is in existence, in full force and effect, and was not revoked by the Trustors and became irrevocable at the date of JAMES M. GAISER's death (August 29, 2007). Trustor DOROTHY M. GAISER died on August.9, 2007. The Trust pages which are not included as Exhibit "A" to this declaration are of a personal nature and set forth the distribution of the Trustors' estate, and in no way modify or affect the powers of the Trustee. JANE M. CARTER and DIANE M. GAISER are the sole Successors and currently acting Trustees of said Trust. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Diego County, California, on March 20, 2008. Mary Clarho, Esquire 05/21/2009 09:12 7607477730 JMCARTER CPA PAGE 02 THB JAMBS AHD DOROTHT GAXSBK TKDST JAMES M. GAISBR and DOROTHY K. GAISER, Trustors, hcseby declare that the following is o restateinent, in its entirety, of THE JAMBS AND DOBOTHY GAISER TRUST originally executed April 11, 1978, restated Hay 27, 1982 and amended February 23, 1988. JAHES M. GAISER and DOROTHY M. GAISER, Co-Trustees, hereinafter called •Trustee," hereby declare that JAMES M. GAISER and DOROTHY M. GAISER, husband and wife, respectively, have named or stated that they will name the Trustee, without consideration .Tioving from them, as beneficiary or contingent beneficiary under certain policies of insurance described in Schedule A, attaches hereto and made a part hereof, and may have certain employee death benefits made payable to the Trustee. The interests now or hereafter received by the Trustee in such policies of insurance and proceeds thereof, together with all property now or hereafter subject to this trust, atiall constitute the trust estate and shall be held, managed and distributed as hereinafter provided. The Trustors presently have two (2) now living children; JANE MARIE GAISER, born January 16, 1962; and DIANE MICBEI,L-E GAISER, born August 27, 1966. ABTICLE I 1. The Trustee shall not be required to pay premiunis, assessments, or other charges upon any of said policies and shall hold them subject to the owner's order without obligation during the insured's life, other than the safekeeping of such the:^e«5f as PAGE ONE OP TWENTY PAGES '.vCSfe^ ireor 2"? 05/21/2009 09:12 7607477780 JMCARTER CPA PAGE 03 are alive, either Trustor may revoke this trust with respect to any property transferred to this trust by him or her, 2. The surviving Trustor shall also have the right to alter, amend or revoke Trust A in any respect by written instrument filed with the Trustee. 3. Except as provided above, this trust shall be irrevocable and subject to no further amendment whatsoever. AimCXB IV ESmSS QE TSS TEB^BS 1. To carry out the purposes of this trust and subject to any limitations stated elsewhere in this trust, the Trustee is vested with the following powers, in addition to those now or hereafter conferred by law, affecting the trust estates The Trustee shall have the power to sell, transfer, convey, or encumber the trust estate by mortgage, deed of trust, or otherwise, in such manner and upon such terms as the Trustee may deem advisable; to lease trust property, or any part thereof, for «ny term within or extending beyond the duration of the trust; to borrow or loan money; to hold, manage, operate, incorporate or liquidate any business; to compromise or adjust claims in favor cf cr against the trust estate; and to invest and reinvest any or all of the properties of the trust including investment in any coFimon trust fund administered by a corporate trustee acting hereunder, provided, however, the Trustee shall take into consideration any unrealized capital gains or losses existing at the time of investment, the tax consequences relating to the 1 icjuidat ion of any such common trust fund upon terminat j^oiy^ncl PAGE TEN OF TWENTY PAGES ffZ^^Z 3^ 05/21/2009 89:12 7607477780 JMCARTER CPA PAGE 04 distribution of the trust ^estate, and that liquidation be acoompliehed In sufficient time to consider capital gains or losses upon liquidation and the reinvestment of proceeds in assets suitable for distribution rather than cash- 2. Onproductive or underproductive property shall not be held as an asset of Trust A or Trust C for more than a reasonable time during the lifetime of the surviving Trustor without bis or hor consent. 3. The Trustee may purchase at less than par, obligations of the United States of America that are redeemable at par in payment of any federal estate tax liability of a Trustor in such aTPounts as the Trustee deems advisable, and for that purpose the Trustee may partition a portion of the community property of the t'list estate and make such purchases from either or both portions. The Trustee shall not be liable to any beneficiary of this trust for losses resulting from purchases made in good Caith. The Trustee is directed to redeem any such obligation to the fullest extent possible in payment of the federal estate tax liability of a Trustor. 4- The Trustee may pay federal estate and state inheritance taxes as otherwise provided in this trust or the Wil3 of the Trustor or in the event such taxes are not otherwise paid ot provided for. Such taxes shall be charged or prorated in .'.ccordance with the directions of the Trustor in the Trustor's ivill or other written instrument and in the absence of such direction, according to applicable law. Notwithstanding any other provision of this trust, no part of the proceeds of any PAGE ELEVEN OF TWENTY PAGES ^^fefcd^ 05/21/2009 09:12 7607477780 JMCARTER CPA incorporated herein by reference. Executed at Carlsbad, California, on April 1992, \iti^Jl'2^::^^d^ • JAMES H. GAISER /iL*sL^7lff / DOROTJtfy M. GAISER Trustees We certify that we have read the foregoing declaration of trust and that it correctly states the terms euid conditions under •which the trust estate is to be held, managed, and disposed of by the trustees. We approve the declaration of trust in all par- ticulars and request that the trustees execute it. Dated; April 1992 JAMES""M. GAISER DOROTI^H. GAISER Settlors State of California ) ) County of San Diego ) On April ^t^^w 1992, before me, a notary public for the State of California, personally appeared JAMES M. GAISER and DOROTHY M, GAISER, known to me or proved on the basis of satis- factory evidence to be the trustees of the trust created by the above instrument, and to be the persons whose names are sub- scribed to the instrument; and they acknowledged that they exe- cuted the same as trustees. 'Witness my hand and official seal •Notary Public l ^^^tt^ nrriiiini-u &».ci«,»,<»«j PAGE TWEm OP TWENTY PAGES 3X- 05/21/2009 09:12 7607477780 JMCARTER CPA PAGE 07 AMENDMENT TO TRUST AGRBEMEm: This Amendment to Trust Agreement made December 9, 2006 is executed between JAMES M, GAISER and DOROTHY M- GAISKR as Trustors, and JAMBS M. GAISER and DOROTHY M. GAISER as Trustees. The Trustors and Trustees entered into a Trust Agreement dated April 11. 1978 (restated May 27, 1982, amended February 23, 198 8 and restated on April 20, 1992). hereinafter referred to as the Trust Agreement. Article III of the Trust Agreement provided that the Trustors reserved the right to amend in any manner, or revoke in whole or in part, the Trust Agreement. Trustors desire to modify and amend Che Trust Agreement and the Trustees agree to the modification and amendment contained herein. Therefore, it is agreed that the following changes will be made to the Trust Agreement: Article V, Paragraph 3, shall be amended to read as follows: 3. Pursuant to Appointment of Co-Trustee of even date hereto, JAMES M. GAISBR and DOROTHY M. GAISER and JANE H. CARTER are the currently acting Co- Trustees of the Trust Agreement. Any Co-Trustee may act for, and conduct business with respect to, property held by the Trust, and may perform any act or transaction legally allowed in the Trust Agreement, without the consent of the other Co- Trustees. Upon the death, resignation or legal disability of any Co-Trustee, the remaining named Co-Trustees shall continue to act as Co-Trustees and carry out the terms and provisions of the Trust as set forth in the Trust Agreement. Upon the death, resignation or legal disability of the Surviving Trustor, the following persons shall replace him or her as Successor Co-Trustees; JANE N. CARTER and DIANE M. GAISKR Upon the death, resignation or legal disability of either of the above named Successor Co-Trustees, then the remaining of the above named Successor Co- Trustees shall act as sole Successor Trustee and shall carry out the terms and provisions of the Trust as set forth herein. The Tmstee may execute, deliver, and grant to any individual or corporation a revocable or irrevocable power of attorney to transact any and all business on behalf of the various trusts created in this agreement. <2."7-. 05/21/2009 09:12 7607477780 JMCARTER CPA PAGE 08 The power of attorney may grant to the attorney-in- fact all of the rights, powers, and discretion that the Trustee could have exercised. For the purposes of this Agreement, any individual may be treated as being under a legal disability, incompetent, or incapacitated, if: Declared or adjudicated as such by a court of competent jurisdiction, or, A guardian, conservator, or other personal representative of such individual's person or estate has been appointed by a court of competent jurisdiction, or, Certified as such in writing by at least two licensed physicians. •?iiv*tAr-»Tr-n r*nA xn in full "ffiVTrust Agreement shall in all other respects remai force and effect. We certify that we have read the foregoing Amendment to Trust Agreement, and chat it correctly states the modifications to be made to the Tirust Agreement. '^JPXES M. GAISER Tr\.istor and Trustee )ROTHY QM DOROTHY GAISER Trustor and Trustee State of California ) ) SS Co\mty of San Diego ) On December 9, 2 006, before me MARY CUVRNO, a Notary Public in and for said County and State, personally appeared JAMES M. GAISER and DOROTHY M. GAISER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal Signature CLA*^N6 ' \ COMM. #1475481 o WM. 'WTA.Tir PUSllC-CNJFOFNI*. ,SANlDtEGO COUNTY 2 35 McCANN & CARROLL Attomeys at Law 2755 Jefferson Street, Suite 211 Carlsbad, CA 92008-1715 (760) 729-3/100 Telephone (760) 729-^,808 Facsimile Law Offices of Kevin E. McCann, APC Law Offices of C. Daniel Carroll, APC May 26, 2009 Our File No. 462.)] Via Email: bhofman@hofmanplanning.com William Hofman Hofman Planning Associates 3152 Lionshead Avenue Carlsbad, California 92010 RE: Landlord's Conceptual Consent to Application for C.U.P. 08- 08/CDP 08-13 (Green Dragon Colonial Village) Dear Mr. Hoftnan: As we have discussed, I represent Jane M. Carter and Diane M. Gaiser, who together are all of the Co-Trustees of the Trust of James and Dorothy Gaiser of various dates and restatements. Since the death of Mr, & Mrs. Gaiser the Trustees have divided the trust estate into three separate sub-trusts, including Trusts A, Trust B and Trust C of the trust estate of James and Dorothy Gaiser. The Co- Trustees, serving as representatives of the Trust, in its original, single organization, and/or in combination with one or more of the sub-trusts (A, B or C) are the owners of the large central lot of the three lots that comprise the proposed Green Dragon Colonial Village. In such capacity they are also the landlords of the Applicant, Bruce Bartlett, who is their Tenant. fx You will find attached to this letter the Certification of Trust Agreement prepared by the Trust's attomey, May Clarno, Esq., and confirming the authority of Ms. Carter and Ms. Gaiser to serve in the capacity of the Co-Trustees of the Trust. You will also find under Article FV of the Trust (p. 10 of 20), attached to the Certification, a description of the Powers of the Co-Trustees, which includes their direction given herein as to the Trust's real property located at the former Hadley's site. You have asked that my clients indicate their consent to their Tenant's/Mr. Bartlett's application for the above-described C.U.P. We have only recently reviewed the proposed Resolution to approve this project and, specifically, those conditions which affect the owner's remainder interest in the property and other commitments to be made by the owner of the land to the City of Carlsbad. 3(p Page 2 William Hofintian May 19.2009 I am authorized to confirm to you, and you may share this confirmation with Carlsbad's Mayor and City Council, that the trust generally approves of this conceptual use of the property, and consents to Mr. Bartlett's application for the same. By its very nature a C.U.P. involves conditions of satisfaction before a particular use may be made. Several of the proposed conditions involve the property owner. The property owner has not specifically agreed to any one of those conditions, but plans to work with Mr. Bartlett in an attempt to arrive at a solution to those conditions acceptable to the owner, the City of Carlsbad, and the applicant. The Co-Trustee are indicating their consent to this authorization by signing in the place provided below. Because of the short time allowance and their different locations, this letter will be circulated to them electronically, and they will retum their consent-signatures by the same way. As such, their signatures may appear on separate copies of this page of this letter, but taken together, and including all of the signatures, they shall constitute an integrated, whole letter for your use and submission. Very truly yours. LAW OFFICES OF Reviewed and Approved KEVIN E. MCCANN, APC Jane M. Carter, Co-Trustee Kevin E. McCann KEM:js Diane M. Gaiser, Co-Trustee 31 Page 2 William Hoftnan Mav 19. 2009 I am authorized to confirm to you, and you may share this confirmation with Carlsbad's Mayor and City Council, that the trust generally approves of this conceptual use of the property, and consents to Mr. BartJett's application for the same. By its very nature a C.U.P. involves conditions of satisfaction before a particular use may be made. Several of the proposed conditions involve the property owner. The property owner has not specifically agreed to any one of those conditions, but plans to work with Mr. Bartlett in an attempt to arrive at a solution to those conditions acceptable to the owner, the City of Carlsbad, and the applicant The Co-Trustee afe indicating their consent to this authorization by signing in the place provided below. Because of the short lime allowance and their different locations, this letter will be circulated to them electronically, and they will retum their consent-signatures by the same way. As such, their signatures may appear on separate copies of this page of this letter, but taken together, and including all of the signatures, they shall constitute an integrated, whole letter for your use and submission. Very truly yours, LAW OFFICES OF KEVIN E. MCCANN, APC Kevin E. McCann i KEMys Reviewed and Approved (y Jane M. Carter, Co-Trustee Diane M. Gaiser, Co-Trustee 3%> May 27 09 10:23p p PBge2 WiUiamHoGoDan May 19.2009 I am authorized to confirm to you, and you may share this coniinnation with Carlsbad's Mayor and City Council, that the trust generally approves of this coocqitual use of the property, and consents to Mr, Bartlett's application for the same. By its very nature a C.U.P. involves conditions of satisfaction before a particular use may be made. Several of the proposed conditions involve the property owner. The property owner has not specifically agreed to any one of those condittons, but plans to work with Mr. Banlett in an attempt to anive at a solution to those conditions acceptable to the owner, the City of Carlsbad, and the applicant The Co-Trostec are indicating their consent to this authorizadon by signing ia the place provided below. Because of the short time allowanoe and their different locations, this letter wUl be circulated to them clectronicaHy, and they will retum their consent-signatures by iht same way. As such, their signatures may appear on separate copies of this page of this lettar, but taken together, and including all of the signatures, they shall constinitc an integrated, whole letter for your use and submission. Very truly yours. LAW OFFICES OF Reviewed and Approved KEVIN E. MCCANN, APC Jane M. Carter, Co-Trustee Kevin E, McCann Diane M, Gaiser, Co-Trustee DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commissfon or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. P i O Note: Person Is defined as 'Any individual, finn, co-partnership, joint venture, association, social club, fraternal organizatton, corporation, estate, trust, receiver, syndicate, In this and any other county, city arid county, city municlparrty, district or other political subdivision or any other group or oorhbination acting as a unit.* Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Pnsvide the COMPLETE. LEGAL nannes and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publidv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) . Person i6^w<^e /S? /?tf///&ff Corp/Part GTCZf) P ro-C^ur. vtr Y\j Xrsc, Title__^^£SJj^fe.ndt Title Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants In common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address 1636 Feraday Avenue • Cartebad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-6559 • www.ci.carl5bad.ca.us ^o 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trusL list the names and addresses of ANY person serving as an 6£5cer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Tiust • Title Title Address Addrcss_ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past nvelvc (12) months? I ) Yes [Xl No If yes, please indicate person(s):. NOTE; Attach additional sheets if necessary. I certify that all the above information is true and conect to the best of my knowledge. Signature of owner/date Signature of applicant/date ^ru^e^ ^rfl^tf Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADM1N\COUNTEB\DISCLOSUHE STATEMENT 5/9B PaQC 2 of 2 Luce Forward et. al. 5/19/09 10!18 PAGE 2/3 RightFax PARCEL"C" (NORTHERr4 PARCEL) City of,£gi"[£bad ffti^CaU C DISCLOSURE STATEMENT AfO}> OS/OSSt^ Applicanfs statement or disclosure of certain ownership inteiests on aR applications which will requira discfetiQnary ection on the part of the City Council or any aw>ointed Board, Commission or Cewnmlttae. The fbllowlhg information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this infomiation le completed. Please print. Note: Pereen is deRned as *Any MMduet, firm, cci-partnei9h^, )oint venture, BseocteTicn, social club, freitema) oipainzBSon, coiporation, estate, trust, receiver, ayncScale, In this and any other county, cit/ and county, diy munlctpeiity, district or other polltk^J subdivision or any oiner group or cornblnatlor) acting Agents may sign this document; howGver, the legal name and entity of the applicant end property owner muM be provided bblow. ^ names and addrsssea of ALL pereons having a tinandal biterest ^pHcant Incfudes a oorppralion or oartnerahlp. include Ihe names, titte. >LiCANT (Not the appficenf^ ProOhte the COMPLETE. \' in the a|»plication. If addr^^K^'l In^vilfuate owning more than 10% ol (he shares. IF NO INDIVIDUALS OWN MORE THAN 10% qe^E SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If ft^<MJDti<gv-owned colpo^at^of^. trvdude tna names, titles, and addreasos of the coiporate officers^'fAseparatdH^ge may tw attached If necessary.) ConVPait ntle_ Trtle. /\ddress_ Address. OWNER (Not the owier's agent) Provide the COMPLETE. LEGAL names wd addnesses of ALL persons having any ownership interest in the property InvoNed. Abo, provide the nature of the legal ownoriBhip (i,e, partnership, tenents in common, non-profit, corporation, etc.). If the ownership inciudes a cofPoraCon or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a oublidv-owned oorpotatloa, Include the names, titles, and addresses of ihe corporate officers. (A separate page may be attached if Title necessary.) Person Address. Address^ ^[\^\of, CA 4^31 V^twU SAeftW: uJyiJTSg. Cofp/Pait n^U^T^ djIkXkJt 1695 FVadw Av«nue • Ca/lsbacf, CA 92009-7314 • (780) 6QZ-4600 • R<iX (760» BOZ-SSSB • V»w*;*ca7lsb»d,«na TO-d 81:03 6002 6T ReW mi HDNya isod Luos Forward et. al. 5/19/09 10.18 PAGE 3/3 RightFax NON-PROFfT ORGANIZATION OR TRUST If any person Wentlfled pursuant to (1) or (2) above is a nonprofit omanizatfon or a imsL list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiarY of the. Non PiQdtnnist Non Profltnrnjst Title,. Title ^ Address Address Have you had more than $250 worth of business transacted with any member of CRy staff, Boards, Con^Jmissions, Committees and/or Council w'thin the past twelve (12) monlhe? n YBS NO If yes, please Indicate person(s): NOTE: Attach ad(Stional sheets If necessary. I certify that all the al>ove information is true and oorrect to the best of my knowledge. Signature of owner/data ' SignatuTtesOf apiilicant/d^te ' Print or type name of owner* Print or type name Signature of owner/nppliwMift agent If appSciblet/date Print or type name of owner/eyplleeH^fa agent ' ^ HJU>MiN«;ou>frER\DiscLOSURE STATEMENT 5/«8 ^ Page 2 of2 OT'd 8T:02 6003 6T f>eW l7382Z99T£8:xei NNI \mS6 iSOd ^^^^ ^^.^^-L^.jp.^j DISCLOSURE STATEMENT Applicant's statennent or disclosure of certain ovirnership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Connmittee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. farce ( C Note: Person is defined as 'Any Iridividual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estatei tmst, receiver, syndicate, in this and any other county, city arid county, city municipality, district or other political subdivisibh or any other group or combination acting ias a unit/ Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person /^/"M A Qf^ rf/gf / Corp/Part t^te^rx J) r a c.r^ n Tav^tf^ tT^C Title Pr>(^ < t 6/e n "r Title ^ ^ Address J> BoX ?^yol^ Address FQ^<:C Ik J IVor-jC ScAr. 0)eaO Cc^ 9^1^^ Ccr^k hii J, Car "I^OJ) 2. OWNER (Not the owner's agent) / Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publich^-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust. Title Non Profit/Trust_ Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past hwelve (12) months? I I Yes ^ No If yes, please indicate person(s):_ NOTE: Attach addrtional sheets if necessary. I certify that alt the above information is true and correct to the best of my knowledge.. (Lc^ ^A^'dMi' Signature of owner/date Print or type name of owner Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 H5 ^ PLANNING COMMISSION RESOLUTION NO. 6549 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING 5 PROGRAM TO REMODEL THE EXISTING VACANT HADLEY'S COMMERCIAL BUILDING INTO A 21,281 6 SQUARE FOOT COMBINATION ONE-AND-TWO STORY MULTI-USE COMMERCIAL BUILDING THAT WILL 7 INCLUDE A RESTAURANT, MUSEUM AND MEETING ROOMS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE AND SOUTH OF 9 PALOMAR AIRPORT ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND 10 LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: GREEN DRAGON COLONIAL VILLAGE 11 CASE NO.: CUP 08-08/CDP 08-13 8 12 13 14 15 19 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 8,1977 as File No. 77-224223 (APN 211-040-21), and 17 That portion of Lot "H" of Rancho Agua Hedionda, in the City 8 of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 20 (APN 211-050-04), and 21 The southerly 120.00 feet (measured along the easterly line thereof) of that portion of Lot "H" of Rancho Agua Hedionda, 22 in the County of San Diego, State of California, according to „- map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 (APN 211-050-16) 24 " 25 26 2y Reporting Program was prepared in conjunction with said project; and 28 WHEREAS, the Planning Commission did on April 15, 2009, hold a duly noticed public hearing as prescribed by law to consider said request; and ("the Property"); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Lis 8 9 10 11 12 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the infonnation submitted by staff, and considering any written comments received, the Planning Commission considered all factors 1 2 3 4 ^ relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 6 Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Plarming Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental 2 3 Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part hereof, based on the following findings: 14 " 15 ^ g 1. The Planning Commission of the City of Carlsbad does hereby find: Findings: 17 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the GREEN 18 DRAGON COLONIAL VILLAGE - CUP 08-08/CDP 08-13, the environmental impacts therein identified for this project and any comments ^ ^ thereon prior to RECOMMENDING APPROVAL of the project; and 20 the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 21 Program has been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State Guidelines and the Environmental 22 Protection Procedures of the City of Carlsbad; and 23 c. it reflects the independent judgment of the Planning Commission of the City of 24 Carlsbad; and 25 d. based on the EIA and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the 26 environment. 27 28 PC RESO NO. 6549 -2- 4'7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions; 1. Developer shall implement, or cause the implementation of, the GREEN DRAGON COLONIAL VILLAGE - CUP 08-08/CDP 08-13 Project Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on April 15, 2009, by the follovsdng vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, Whitton, and Chairperson Montgomery ABSENT: Commissioner Dominguez ABSTAIN: MAfrreBiiB. MuiN I UK^tK Y , CMMperson CARLSBAD PLANNING COMMffillON ATTEST: DON NEU Plaiuiing Director PC RESO NO. 6549 -3- Citv of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Green Dragon Colonial Village CUP 08-08/CDP 08-13 6115 Paseo Del Norte. Carisbad. CA PROJECT DESCRIPTION: Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to remodel the existing vacant Hadley's commercial building into a 21,281 square foot combination one-and-two story multi-use commercial building that will include a restaurant with tavern, meeting rooms, and museum of U.S. History. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Envirormiental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantia] evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 20 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD: February 27. 2009 - March 19, 2009 PUBLISH DATE Febmarv 27. 2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us i4' Q MITIGATED NEGATIVE DECLARATION CASE NAME: Green Dragon Colonial Village CASE NO: CUP 08-08/CDP 08-13 PROJECT LOCATION: 6115 Paseo Del Norte. Carisbad. CA PROJECT DESCRIPTION: Conditional Use Permit (CUP) and Coastal Development Permh (CDP) to remodel the existing vacant Hadley's commercial building into a 21,281 square foot combination one-and- two story muhi-use commercial building that will include a restaurant with tavern, meeting rooms, and museum of U.S. History. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: 3 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. I I The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). I I Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. ADOPTED: fCLIGK HERE datej pursuant to [CLICK HERE Administi-ative Approval. PC/CC Resolution No., or CC Ordinance No.1 ATTEST: DON NEU Planning Director ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CUP 08-08/CDP 08-13 DATE: February 19.2009 BACKGROUND 1. CASE NAME: Green Dragon Colonial Village 2. LEAD AGENCY NAME AND ADDRESS: Citv ofCarisbad 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff-(760 602-4643 4. PROJECT LOCATION: 6115 Paseo Del Norte 5. PROJECT SPONSOR'S NAME AND ADDRESS: Hofman Planning & Engineering. 3152 Lionshead Avenue. Carisbad. CA 92010 - (760) 692-4022 6. GENERAL PLAN DESIGNATION: Travel/Recreation Commercial fT-R) 7. ZONING: Commercial Tourist w/ Qualified Development Overlay (C-T-Q) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): N/A PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: A Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to remodel the existing vacant Hadley's commercial building into a 21,281 square foot combination one-and-two story muhi-use commercial building that will include a restaurant with tavern, meeting rooms, and museum of U.S. History. The 3.08-acre site is currently developed with a one-story commercial building of approximately 18,400 square feet, a parking lot, and associated landscaping. The existing site is to be re-graded and surfaced to accommodate 192 vehicle parking spaces, 2 bus parking spaces, and required landscaping and setbacks. The parcel is zoned C-T-Q (Commercial Tourist with a Qualified Development Overlay Zone). The current General Plan Land Use designation is T-R (Travel Recreation Commercial). No change is being proposed to either the General Plan or Zoning. The site is located within Local Facilities Management Plan (LFMP) Zone 3 in the southwest quadrant of the City of Carlsbad. Surrounding land uses include commercial uses to the north, a motel to the south, commercial/office uses to the east, and lnterstate-5 to the west. ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I I Aesthetics [~] Agricultural Resources QAir Quality I I Biological Resources I I Cultural Resources I I Geology/Soils ^ Noise 0 Hazards/Hazardous Materials D Population and Housing 1 I Hydrology/Water Quality Q Public Services I I Land Use and Planning I I Mineral Resources Mandatory Findings of Significance I I Recreation ^ Transportation/Circulation I I Utilities & Service Systems Rev. 11/17/08 5^ ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village DETERMINATION. (To be completed by the Lead Agency) I I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I 1 I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I I I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing ftirther is required. Planning Director's Signature Date ' Date j "j / / Rev. 11/17/08 ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to detennine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards, • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EI A-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 11/17/08 5^ ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or detennine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 11/17/08 ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • X • • • X • • • X a-d) No Impact. The project site is not identified as a scenic vista, nor are there any scenic resources present on this previously developed site. The site is developed with an existing commercial building and the proposed commercial uses will not substantially degrade the existing urbanizing visual character of the site. The remodeled building and site will not generate a significant new source of light since it is located within an existing illuminated parking lot. II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact • • Potentially Significant Unless Mitigation Incorporated Less Tiian Significant No Impact Impact • • • • K • • ^ a-c) No Impact. The project site is presently developed with a commercial building, parking lot, and associated landscaping. Therefore, no impacts to agricultural lands or operations will occur. Rev. 11/17/08 5^- ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village in. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations,) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Resuh in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • Kl • • K • • • Kl • • • • S • • • El a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PMio), The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG), A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other Califomia non-attainment areas having serious ozone problems and used to create the Califomia State Implementation Plan (SIP), The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9* through 10* in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of Califomia Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS, The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Rev, 11/17/08 1 CUP 08-08/CDP 08-13 Green Dragon Colonial Village Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The commercial project is consistent with the City's Travel/Recreation Commercial (T-R) General Plan designation and therefore is also consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton, Data available for this monitoring site fi-om 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard constmction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and fi-om the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant, c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant, d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e,g,, schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes fi-om the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. Rev, 11/17/08 IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by Califomia Department of Fish and Game or U,S, Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S, Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc) through direct removal, filling, hydrologicaJ interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological' resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact • • CUP 08-08/CDP 08-13 Green Dragon Colonial Village Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • K • • • Kl • • • ^ • • • m • • • m a-O No Impact. The project site is presently developed with a commercial building, parking lot, and associated landscaping. There are no species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by Califomia Department of Fish and Game or U,S. Fish and Wildlife Service onsite or within the adjoining properties. There is no riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U,S. Fish and Wildlife Service onsite. There are no federally protected wetlands as defined by Section 404 of the Clean Water Act on the property. The property is an urban infill site and not known to be subject to the movement of any native resident or migratory fish or wildlife species or be within established native resident or migratory wildlife corridors or contain native wildlife nursery sites. Since the property is devoid of animal or plant species that could be considered as sensitive or protected, the development of the site will not conflict with the provisions of the City's adopted Habitat Management Plan (HMP). Rev. 11/17/08 = 9 ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064,5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064,5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact • • • • Potentially Significant Unless Mitigation Incorporated • • • • Less Than Significant Impact • • • • No Impact El El El a-d) No Impact. The project site is considered, urban infill and has been previously excavated and graded for the development of the existing 18,400 square foot Hadley's commercial building and associated site improvements. The proposed project does not propose any significant grading beyond that which currently exists. There are no known historical resources, archeological resources, paleontological resources, or human remains on-site. Therefore, no impact is assessed. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42, ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact • No Impact • • • X • • • X • • • X • • • X 10 Rev, 11/17/08 (JIO CUP 08-08/CDP 08-13 Green Dragon Colonial Village c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802,3,2 of the Califomia Building Code (2007), creafing substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers- are not available for the disposal of wastewater? Potentially Significant Impact • • • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact • No Impact E • • • El • El a(i-iv), c, d) No Impact. The project site is an urban infill site with existing development that includes an 18,400 square foot one-story building and parking lot. The proposed project is utilizing the existing building structure and foundation as a key part of the remodel. Grading of the site is minimal and will not affect the subsurface condition of the existing building pad. There are no Alquist-Priolo Earthquake Fauh zones within the City of Carisbad and there is no other evidence of active or potentially active faults within the City. There is no known evidence of Seismic-related ground failure, including liquefaction, landslides, or expansive soils existing onsite. However, the site is located in a seismically active area, as is the majority of Southern Califomia. Active faults within a 62-mile radius of the site include the Rose Canyon, Coronado Bank, Elsinore-Julian, Newport-Englewood (offshore segment), Elsinore-Coyote Mountain, and Earthquake Valley. Although the site could be subjected to strong ground shaking in the event of an earthquake, this hazard is common in Southern Califomia and standard design conformance with the Califomia Building Code (CBC) will minimize this effects, Therefore, no impact is assessed. b) No Impact. The topography of this site is relatively flat. Regardless, the project's compliance with development standards found in the City's Excavation and Grading Ordinance, which prevent erosion through pad and slope planting and installation of temporary erosion control means, will avoid substantial soil erosion impacts on and off- site. Therefore, no impact is assessed. e) No Impact. The proposed project does not propose the use of sepfic tanks, but instead will utilize the public sewer system. There will be no impacts involving soils, which support the use of septic tanks or altemative wastewater disposal systems. Therefore, no impact is assessed. VII, HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • • • m • E 11 Rev, 11/17/08 ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962,5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstt-ip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact • • • • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact • • • • No Impact E • • • E • • • E • E • El • E a-h) No Impact. The project is a multi-use commercial building on a previously developed site. Other than common household hazardous materials like household cleaners, paint, and glues, etc., there will not be a significant presence of hazardous materials. Therefore, the project will not create a significant hazard to the public or the environment through the routine tt-ansport, use, or disposal of hazardous materials; create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The project site is not a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or environment. The project site is within the Airport Influence Area (AIA) of the McClellan Palomar Airport, but is not located within the Flight Activity Zone (FAZ) or Runway Protection Zone (RPZ) and therefore would not resuh in a safety hazard for people working at the proposed commercial use. The property is not within the close proximity of a private airstrip. The project will not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, nor is the project located in an area that will expose people or structures to a significant risk of loss, injury or death involving wildland fires. Therefore, no impact is assessed. 12 Rev, 11/17/08 VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i,e,, the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute mnoff vvater, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted mnofi? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or stractures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • • • • • • E • • • • E • E • E • E • E • m • E • • • E • • • E 13 Rev, 11/17/08 63 ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • X • • X • • • X • • • X • • • • • • • • • • • • • k) Increase erosion (sediment) into receiving surface waters, 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutt-ients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g, temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) Less Than Significant Impact, Federal, State and local agencies have established goals and objectives for storm water quality in the region. The proposed project, prior to the start of construction, will comply with all Federal, State, and local permits including the Storm Water Management Plan (SWMP) required under the County of San Diego Watershed Protection, Storm Water Management, and Discharge Control Ordinance (WPO) (Section 67,871), the City of Carlsbad's Standard Urban Storm Water Management Plan (SUSMP), and the National Pollution Discharge Elimination System (NPDES) ft^om the Regional Water Quality Control Board (RWQCB), The project will develop and implement specific erosion confi-ol and best management practices to protect downstream water quality. These plans will ensure that acceptable water quality standards will be maintained both during construction as well as post-development, b) No Impact, The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site. Existing water lines will adequately serve the project's water demands. Therefore, no impact is assessed. c-d) No Impact. As indicated in the project's Preliminary Hydrology Report and Preliminary Storm Water Management Plan (SWMP) (JN: 081240-5, O'Day Consuhants, Inc., December 2, 2008), the existing drainage patterns for the site will remain relatively the same. Runoff fi-om the site will be directed into vegetated swales for storm water treatment before leaving the site, where it will enter the right-of-way of lnterstate-5 through a concrete ditch as in the existing condition, and Paseo Del Norte via a proposed curb cut outlet. Therefore, no impact is assessed, e) No Impact. Estimated pre- and post-development flows for the 100 year storm were computed for the project site.- The peak pre-development storm water runoff rate was computed at 15,5 cubic feet per second (CFS) and post -development at 15.2 CFS. The minor decrease will not substantially alter the existing drainage patterns of the site 14 Rev, 11/17/08 W ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village or area, or create or contt-ibute runoff water, which would exceed the capacity of the existing storm water drainage system, nor does the project propose uses that cause a substantial, additional source of polluted runoff. Therefore, no impact is assessed, 0 No Impact. The project will not substantially degrade the water quality as demonstt-ated in the project's Preliminary Hydrology Report and Preliminary SWMP, The project is proposing to incorporate structtiral treatment control BMPs and LID design features such as bio-retention swales, landscape medians, vegetated buffers, and filter inserts. In addition, consttiiction of the proposed project improvements is required by law to comply with all Federal, State and local water quality regulations, including the Clean Water Act and associated NPDES regulations and any impacts associated with the project have been incorporated into the SWMP resulting in no impact. Therefore, no impact is assessed. g-j) No Impact. The project site is not located within the 100-year flood hazard area, and based on the distance (approximately 2,225 feet) between the site and large open bodies of water, as well as the elevation of the site with respect to sea level (approximately 75 feet above mean sea level), the possibility of seiche, tsunami, or mudflow is considered to be low. Therefore, no impact is assessed, k) No Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES permit requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result fi-om the project. Standard construction water control methods will be implemented including a stabilized consttuction enfrance; storm inlet protection; material delivery and storage specifications; concrete waste management specifications; and sanitary waste specifications. Standard conditions require compliance with NPDES sediment contt-ol requirements during the construction phase and implementation of the post consttuction BMPs for the project l-n) Less Than Significant Impact. The project will not increase pollutant discharge and will not substantially degrade the water quality as demonstrated in the project's Preliminary Hydrology Report and Preliminary SWMP, The Preliminary SWMP indicates that the project shall be designed to remove pollutants of concem through storm water conveyance systems to the maximum extent practicable (MEP), which will occur through the incorporation of treatment control BMPs and LID design features such as bio-retention swales, landscape medians, vegetated buffers and filter inserts. In addition, consttuction of the proposed project improvements is required by law to comply with all Federal, State and local water quality regulations, including the Clean Water Act and associated NPDES regulations' As proposed, the project will not result in an increase of pollutants, into downstteam waters, and no receiving water quality will be adversely affected. Post construction BMPs will ftirther ensure that the project does not change the receiving water quality following construction activities. 0) No Impact. The net increase in impervious surface fi-om the existing development is not significant. The associated changes in runoff flows discussed in paragraph "e" above are considered extt-emely minor. Therefore, no impact is assessed, p) No Impact Runoff from the proposed project will not impact aquatic, wetland or riparian habitats, as none of these habitats exist onsite or in the vicinity of the site, q) No Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial use. Please refer to the preceding responses. 15 Rev, 11/17/08 ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • X • • • X IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a-c) No Impact. The project is proposing commercial development, which is consistent with the existing and surrounding land uses. The site does not physically divide an established community, nor does the project conflict with any existing or proposed land use plans or policies of the City of Carlsbad, The proposed restaurant with tavern, meeting rooms, and museum are appropriate land uses, which are consistent with the Local Coastal Program Land Use designation of Travel Service (T-S), The project is fiarther consistent with the City of Carlsbad General Plan Land Use designation of Travel/Recreation Commercial (T-R), which designates areas for commercial uses that serve the travel and recreational needs of tourists, residents and employees of the business and industrial centers. The proposed restaurant with tavem, meeting rooms, and museum uses will serve the travel and recreational needs of tourists, residents and employees of the surrounding businesses and industrial centers. The proposed project does not conflict with any applicable habitat conservation plan or namral community conversation plan (see Biological Resources - Section IV above). Therefore, no impact is assessed. X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of fiiture value to the region and the residents of the State? b) Resuh in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact • No Impact • • • E • E a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State, Therefore, no impact is assessed. 16 Rev. 11/17/08 ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundboume vibration or groundboume noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact • • • Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • S • • • •ED • • • • E E • • E • • • E a) Potentially Significant Unless Mitigation Incorporated. An Interior Noise Study (Green Dragon Tavem, Medlin & Associates, Inc, dated July 25, 2008) was prepared for the project to determine compatibility with the City of Carlsbad's Noise Guidelines Manual, The report identifies vehicle noise fi-om Interstate-5 as the primary noise source within the vicinity of the project site. The highest traffic noise level impinging on the proposed building will subject persons on the exterior to noise levels reaching 75 dBA CNEL, As such, the design of the proposed building will need to provide a minimum noise reduction of 20 dBA CNEL in order to comply with the City's interior Leg(h) standard of 55 dBA CNEL, As the building stands today, noise levels within the building (currently an empty shell) are almost 30 dB lower than freeway noise levels. The report estimates that interior noise levels will fall to around 49 dBA CNEL or less in all noise-sensitive spaces with the proposed construction, which is within the Carlsbad limit of 55 dBA CNEL, While no special mitigation measures are required for this project, the report does list several steps to ensure that the building design maintains its noise insulation properties and that an interior noise Leg(h) standard of 55 dBA CNEL is achieved at final construction. Therefore, compliance with the recommendations outlined in the Medlin noise study will reduce impacts to a level of less than significant, b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed project will result in a temporary and minor increase in groundbome vibration and ambient noise levels. Following the conclusion of grading, ambient noise levels and vibrations are expected to retum to pre-existing levels. c) No Impact. The project is located on an infill site with existing commercial development and surrounded by commercial uses and Interstate 5, The proposed project is not expected to increase the ambient noise levels in the vicinity above levels existing without the project. Therefore, no impact is assessed. 17 Rev, 11/17/08 W ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village e-0 No Impact. The project site is located within the Airport Influence Area (AIA) as identified in the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport, The proposed uses fall into Land Use Category No, 8 of the ALUCP Noise/Land Use Compatibility Mattix (Commercial-Retail, Shopping Centers, Restaurants, and Movie Theaters), According to the ALUCP, the project site is located within the 60 CNEL noise contour. The types of uses proposed with this project are considered "compatible" according to the ALUCP with the aircraft noise exposure at the site. Therefore, no impact is assessed. XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantia] numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a-c) No Impact. The proposed project is located on an urban infill site surrounded by commercial uses. The area surtounding the proposed development is designated for Travel/Recreation Commercial (T-R) and Office & Related Commercial (0) General Plan land uses. The intensity of the proposed development is consistent with the surrounding land uses and is also consistent with the Travel/Recreation Commercial (T-R) General Plan Land Use designation for the site. The project is anticipated to capttjre the existing residential community along with servicing the needs of tourists visiting the area. The project will not induce substantial growth in the area, thereby necessitating the need for new housing, the extension of roads or other infirastructure; nor will it displace substantial numbers of people or existing housing, necessitating.the constt-uction of replacement housing elsewhere. Therefore, no impact is assessed. Potentially Significant Impact Potentially Significant IJnless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • X • • • X 18 Rev, 11/17/08 CUP 08-08/CDP 08-13 Green Dragon Colonial Village Xin. PUBLIC SERVICES Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered govemment facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services; i) Fire protection? • • • X ii) Police protection? • • • X iii) Schools? • • • X iv) Parks? • • • X v) Other public facilities? • • • X a.i.-a.v.) No Impact. The proposed project will not affect the provision and/or availability of public facilities (i,e,, fire protection, police protection, schools, parks, etc). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 3, therefore no significant public service impacts will occur. XIV, RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact • • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact • • No Impact • M a-b) No Impact. The proposed project is not considered a use that would increase the use of existing neighborhood and regional parks, nor does the project include recreational facilities or require the construction and/or expansion of recreational facilities, which might have an adverse physical effect on the environment. Therefore, no impact is assessed. 19 Rev. 11/17/08 (9^ ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated • E Less Than Significant No Impact Impact • • • •ED • • • • • • El E XV. TRANSPORTATION/TRAFFIC - Would the proj ect: a) Cause an increase in fi-affic, which is substantial in relafion to the existing tt-affic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Resuh in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus turn- outs, bicycle racks)? a) Potentially Significant Unless Mitigation Incorporated. A Traffic Impact Analysis was prepared for the project by Urban Systems Associates, Inc., (Job No. 001208) dated Febmary 12, 2009. According to the report, the project will generate 1,305 Average Daily Trips (ADT) (95 AM and 172 PM peak hour frips), A majority of this traffic will utilize Palomar Airport Road (PAR) and Paseo Del Norte (PDN) to access the proposed project. At the build-out Year 2030 volumes, the project's peak hour traffic will contribute to a Level of Service (LOS) E at the intersection of PAR and PDN, which is higher than the City's requirement of LOS D or better. In order to mitigate for this potential impact, a dedicated right-turn lane needs to be constructed from eastbound PAR to southbound PDN, The project will be required to pay a proportional fair share contribution towards the construction of the right-tum lane. A mitigation measure to this affect has been added to the project, thus reducing project related impacts to a less than significant level. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., EI Camino Real and Palomar Airport Rd.) and one highway segment in Carisbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: • • • X • • • X • • • X Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS "A-D" "A-D" "A-D" "P" 20 Rev, 11/17/08 70 ^ ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e,g,, SR 78 in Carisbad was LOS "F" in 1990), Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will fiinction at acceptable level(s) of service in the short-term and at build-out, c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport, It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. Therefore, no impact is assessed, d) No Impact, All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's General Plan and Zoning, Therefore, it would not increase hazards due to an incompatible use. No impact assessed, e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. Therefore, no impact is assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. Therefore, no impact is assessed. g) No Impact. The project is served by the North County Transit District (NCTD) and bus stops are located along Paseo Del Norte in close proximity to the project site. Therefore, no impact is assessed. XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Conttol Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact • • • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • E E • E • E e) Be served by a landfill with sufficient permitted |^ ^ capacity to accommodate the project's solid waste disposal needs? f) Comply with federal, state, and local statutes and |^ ^ regulations related to solid waste? 21 Rev, 11/17/08 71 ^ ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village a-g) No Impact. The proposed project will be required to comply with all Regional Water Quality Control Board Requirements, In addition, the Zone 3 LFMP anticipated that the project site would be developed with travel/recreation commercial uses and therefore wastewater treatment facilities were planned and designed to accommodate this future use. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growlh projections for the City at build-out. The project does not result in development that will require expansion or construcfion of new water facilities/supplies, wastewater treatment or storm water drainage facilities. Therefore, no impact is assessed. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable fiiture projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • X • E • • • • E • a) No Impact. The proposed project will not degrade the quality of the environment. The project site is considered an infill site surrounded by urban development and lnterstate-5; it does not contain any fish or wildlife species; is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal species; and does not contain any known historical, archeological, or paleontological resources. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threateii to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of Califomia history or prehistory. b) Potentially Significant Unless Mitigation Incorporated. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, tt-affic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. 22 Rev, 11/17/08 72- ^ ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional, circulation. As described above, the project would . contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd,, El Camino Real and Palomar Airport Rd,) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will flmction at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. Cumulative impacts related to increased vehicle traffic through the Palomar Airport Road and Paseo Del Norte intersection area are considered to be cumulatively significant and mitigation is proposed in the form of monetary contributions for roadway improvements which will reduce the impacts to a level of insignificance, c) Less than Significant Impact. Based upon the fact that future development of the site will comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. However, the project site is located in an area where human beings are exposed to significant levels of noise generated by traffic on the surrounding streets. As discussed above, any potential impacts from noise can be mitigated to a level less than significant. Those mitigation measures will be incorporated as conditions of project approval. Development of the site and structures will be required to comply with all applicable Federal, State, Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. XVIH, EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D), In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review, b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis, c) Mhigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 23 Rev, 11/17/08 -7^ /w" ^ ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, Califomia, 92008, 1, Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City of Carlsbad Planning Department, March 1994, 2, Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994, 3, City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as updated. 4, Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Department, final approval dated November 2004, 5, Interior Noise Study Green Dragon Tavern, Medlin & Associates, Inc, July 25, 2008, 6, Preliminary Storm Water Management Plan (JN: 081240-5), O'Day Consultants, Inc., December 2,2008. 7, Preliminary Hydrology Report (JN: 081240-5), O'Day Consultants, Inc, December 2, 2008, 8, The Green Dragon Tavern Traffic Impact Analysis (Job No. 001208), Urban Systems Associates, Inc., February 12, 2009. 24 Rev, 12/13/07 li ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village LIST OF MITIGATING MEASURES (IF APPLICABLE^ 1, The project design shall incorporate the recommendations contained within the Medlin & Associates Interior Noise Sttidy dated July 25, 2008, 2, Prior to Building Permit issuance, the developer shall pay a proportional fair share contribution towards the construction of a dedicated right-tum lane from eastbound Palomar Airport Road to southbound Paseo del Norte. The fair share contt-ibufion shall be determined based on Caltrans methodology to the satisfaction of the City Engineer, If construction of the right-tum lane is incorporated into the city's Traf?ic Impact Fee (TIF) program, the payment of the TIF will satisfy this condition. 25 Rev, 12/13/07 "75 ^ CUP 08-08/CDP 08-13 Green Dragon Colonial Village APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT, Date 26 Rev, 12/13/07 Page 1 of 1 PROJECT NAME: Green Dragon Colonial Village APPROVAL DATE: February 19, 2009 FILE NUMBERS; CUP 08-08/CDP 08-13 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance, A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081,6), Mitigation Measure Monitoring Type Monitoring Department Shownon Plans Verified Implementation Remari<s I. The project design shall incorporate the recommendations contained within the Medlin & Associates Interior Noise Study dated July 25,2008. . Prior to issuance of building permit Planning 2, Prior to Building Permit issuance, the developer shall pay a proportional fair share contribution towards the constmction of a dedicated right-tum lane from eastbound Palomar Airport Road to southbound Paseo del Norte, The fair share contribution shall be determined based on Calfrans methodology to the satisfaction of the City Engineer. If construction of the right-tum lane is incorporated into the city's Traffic Impact Fee (TIF) program, the payment of the TIF will satisfy this condition. Prior to issuance of building permit Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other informaticin. RD - Appendix P. 5 ^ PLANNING COMMISSION RESOLUTION NO. 6550 ^ A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNL\, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ^ REMODEL THE EXISTING VACANT HADLEY'S COMMERCIAL BUILDING INTO A 21,281 SQUARE FOOT COMBINATION ONE-AND-TWO STORY MULTI-USE 6 COMMERCIAL BUILDING THAT WILL INCLUDE A RESTAURANT, MUSEUM AND MEETING ROOMS ON 7 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT ^ ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL 9 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 10 CASE NAME: GREEN DRAGON COLONIAL VILLAGE CASE NO.: CUP 08-08 16 26 27 28 11 12 13 with the City of Carlsbad regarding property described as WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application 14 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of ^ ^ the County Recorder of San Diego County, June 8,1977 as File No. 77-224223 (APN 211-040-21), and 17 That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, 18 according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 (APN 211-050-04), and 20 The southerly 120.00 feet (measured along the easterly line 21 thereof) of that portion of Lot "H" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to ^•^ map thereof No. 823, filed in the Office of the County Recorder 23 of San Diego County, November 16,1896 (APN 211-050-16) 24 ("the Property"); and 25 WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" - "Q" dated April 15, 2009, on file in the Planning Department, GREEN DRAGON COLONIAL VILLAGE - CUP 08-08, as provided by Chapter 21,42 and/or 21,50 of the Carlsbad Municipal Code; and ^ WHEREAS, the Planning Commission did, on April 15, 2009, hold a duly 2 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the CUP, 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ^ Commission of the City of Carlsbad as follows: 9 10 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 11 RECOMMENDS APPROVAL of the GREEN DRAGON COLONIAL VILLAGE - CUP 08-08, based on the following findings and subject to the following conditions: Findings; 12 13 14 .. 1, 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 16 applicable, the certified local coastal program, specific plan or master plan, in that the proposed uses (i.e. restaurant, museum, and meeting rooms) are allowed within the 17 C-T and Commercial/Visitor-Serving Overlay Zones, which implement the Travel/Recreation Commercial (T-R) General Plan Land Use designation, and 18 furthermore are necessary and desirable to the community in that they are visitor attractions that serve the travel and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. 20 2, The requested use is not detrimental to existing uses or to uses specifically permitted in 21 the zone in which the proposed use is to be located, in that the proposed uses (i.e. restaurant, museum, and meeting rooms) are not detrimental to the existing surrounding uses or to uses specifically permitted in the zone, in that the project site 23 has been designed to accommodate all parking on site, and provides for adequate traffic circulation. Furthermore, to ensure compatibility of the project with the 24 surrounding community, all of the required development standards of the Commercial/Visitor-Serving Overlay Zone and C-T Zone, including screening of 25 parking, loading, and trash facilities, have been incorporated into the project design 26 27 3, 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 28 and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses PC RESO NO. 6550 -2- -79 ^ in the neighborhood, in that the 3.08-acre project site is adequate in size and shape to 2 accommodate the proposed uses in that the project can be fit within the proposed development area without the need for any variances. Furthermore, the project 3 complies with all of the required development standards and parking requirements of the C-T Zone and the Commercial/Visitor-Serving Overlay Zone in that, ^ adequate building and landscape setbacks have been provided; the proposed 2 building is designed with enclosed service areas to conceal trash receptacles and storage of supplies; and all roof-mounted mechanical equipment is appropriately 6 screened from public view. 8 12 7 4, The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that a traffic study was submitted for the development proposal, which indicates that the proposed project will generate a 9 total of approximately 1,305 Average Daily Trips (ADT), with 95 AM peak hour trips and 172 PM peak hour trips. A majority of this traffic will utilize Palomar 0 Airport Road (PAR) and Paseo Del Norte (PDP«0 to access the proposed project. At the build-out Year 2030 volumes, the project's peak hour traffic will contribute to a 11 Level of Service (LOS) E at the intersection of PAR and PDN, which is higher than the City's requirement of LOS D or better. To mitigate this potential impact, a future dedicated right-turn lane needs to be constructed from eastbound PAR to 13 southbound PDN. The project, in the form of a mitigation measure, will pay a proportional fair share contribution towards the construction of this right-turn lane 14 to reduce impacts to a less than significant level. Through project design and mitigation, the street system serving the proposed use is adequate to properly handle ^ ^ all traffic that is expected to be generated by the project and all intersections and 2 6 roadway segments serving the project will operate at acceptable levels of service. 17 5. The proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle/bus altemative transportation users anticipated given the 18 proposed use and site location within the overlay zone, in that the project site provides the required number of parking spaces that are necessary to accommodate the proposed uses (including bus parking and a drop off/loading area), and the onsite 20 circulation system is adequately designed to accommodate traffic flow throughout the parking lot and around the proposed building. 19 21 22 6. The building form, building colors, and building materials combine to provide an architectural style of development that will add to the objective of high quality 23 architecture and building design within the overlay zone, in that the proposed building has been designed in an alternative architectural style (American Colonial), as 24 allowed per subsection 21.208.100(F)(3) of the Carlsbad Municipal Code. This is compatible with the other commercial buildings within the vicinity, which also 25 include a variety of architectural styles. The proposed building represents a high 2g quality form of architectural design through its use of varied building forms and articulation, high quality building materials, and decorative architectural elements. 27 The combinations of architectural elements create a project that is complementary to the surrounding development, and adds to the objective of high quality 28 architecture and building design within the overlay zone. PC RESO NO. 6550 -3- ^ 7. The project complies with all development and design criteria of the overiay zone, in that 2 the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, screening, building height, building 3 setbacks, building design, and landscaping. 4 8. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff ^ report dated April 15, 2009, ^ 9, The project is consistent with the Citywide Facilities and bnprovements Plan, the Local 7 Facilities Management Plan for Zone 3 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 9 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administrative facilities; and open space, related to the 10 project will be installed to serve new development prior to or concurrent with need. Specifically, 11 a. The project has been conditioned to provide proof fi-om the Carlsbad ^2 Unified School Distiict that the project has satisfied its obligation for 13 school facilities. 14 b. The Pubhc Facility fee is required to be paid by Council Policy No, 17 and will be collected prior to the issuance of building permit, 15 16 19 17 of building permit, 1 The Local Facilities Management fee for Zone 3 is required by Carisbad Municipal Code Section 21,90,050 and will be collected prior to issuance 10 The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, in that as conditioned the applicant shall record a notice conceming aircraft noise. The project is compatible with 20 the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the 21 proposed uses (i.e., restaurant, museum, and meeting rooms) are considered ^2 compatible land uses within the 60 CNEL, 11, That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14,28,020 and Landscape Manual Section IB) '^^ 12, The Planning Commission has reviewed each of the exactions imposed on the 25 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 26 project, and the extent and the degree of the exaction is in rough proportionality to the 27 impact caused by the project, 28 PC RESO NO. 6550 -4- 2 28 Conditions: 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 revoke or modify all approvals herein granted; deny or further condition issuance of all fiiture 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 tide; institijte 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 Conditional Use Permit, 10 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 11 intemally 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 fi-om this approval, shall require an amendment to this approval. 12 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 constmction 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 Govemment Code Section 17 66020, If any such condition is determined to be invalid, this approval shall be invahd unless the City Council determines that the project without the condition complies with 1 ^ all requirements of law. 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, fi-om 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 Conditional Use 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 2g approval is not validated. 27 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. PC RESO NO. 6550 ^ 7, Developer shall include, as part of the plans submitted for any permit plancheck, a 2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 3 8, Prior to the issuance of a building permit, the Developer shall provide proof to the 4 Director from the Carlsbad Unified School District that this project has satisfied its ^ obligation to provide school facilities, 6 9, This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that 7 Plan prior to the issuance of building permits. 10, This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and CDP 08-13 and is subject to all conditions contained in Planning Commission Resolutions No, 6549 and 6551 for 10 those other approvals incorporated herein by reference. 9 11 11. Developer shall implement, or cause the implementation of, the GREEN DRAGON ^2 COLONIAL VILLAGE - CUP 08-08/CDP 08-13 Project Mitigation Monitoring and Reporting Program, 13 12. This approval shall become null and void if building permits are not issued for this 14 project within 36 months from the date of project approval, 13, Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 17 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, 18 19 14, Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section 20 5,09,030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carisbad Municipal Code Section 5,09,040, Developer shall also pay any apphcable 21 Local Facilities Management Plan fee for Zone 3, 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 15. Prior to the issuance of the grading permit. Developer shall submit to the City a Notice 24 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 25 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit and Coastal Development Permit by Resolutions No. 6550 and 6551 on the property. Said Notice of Restriction shall note the 27 property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restinctions specified for inclusion in 28 the Notice of Restriction, The Planning Director has the authority to execute and record PC RESO NO, 6550 -6- 26 5 9 ^ an amendment to the notice which modifies or terminates said notice upon a showing of 2 good cause by the Developer or successor in interest, 3 16, This Conditional Use Permit shall be reviewed by the Plarming Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have 4 a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Plarming Commission, after providing the g permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects, 7 17, If, at any time, the City Council, Planning Commission, or Planning Director determines ^ that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the City Council to review this permit. At said hearing, the City Council may add additional 0 conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of 11 the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety, and ^ ^ general welfare of the City. j3 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 14 the City's Landscape Manual. Developer shall constmct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 15 condition, free from weeds, trash, and debris. 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the ] 7 landscape plancheck process on file in the Plarming Department and accompanied by the project's building, improvement, and grading plans. li 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 2Q substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 21 21. Prior to issuance of building permits, the Developer shall prepare and record a Notice that 22 this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attomey (see Noise Form #2 on file in the Plaiming Department). 23 24 22, Developer shall constmct trash receptacle and recycling areas enclosed by a six-foot-high 25 masonry wall with gates pursuant to City Engineering Standards and Carisbad Municipal Code Chapter 21,105, Location of said receptacles shall be approved by the Plarming 26 Director, Enclosure shall be of similar colors and/or materials to the project to the 27 satisfaction of the Planning Director. 28 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 PC RESO NO, 6550 -7- ^ the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 2 approved plan. 3 24. Developer shall submit and obtain Plarming Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any 4 impacts on adjacent homes or property. ^ " 25. Compact parking spaces shall be located in large groups, and in locations clearly marked 6 to the satisfaction of the Plarming Director. 7 26, The developer shall submit and obtain Planning Director approval of a sign program for the project showing conformance with the City of Carlsbad Sign Ordinance and the CommercialA^isitor-Serving Overlay Zone. All signs shall be 9 constructed and installed in accordance with the approved sign program. 8 10 Engineering: ^ ^ General 12 27. Prior to hauling dirt or constmction materials to or from any proposed constmction site 13 within this project. Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 14 28. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, vmless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit issuance. 17 29. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of 1^ the Site Development Plan and conceptual grading plan, reflecting the conditions jp approved by the final decision making body. The reproducible shall be submitted to the Planning Director, reviewed and, if acceptable, signed by the City's project engineer and 20 project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 21 22 23 24 „ 31. Developer shall cause property owner to execute and submit to the City Engineer for 25 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 32. Developer shall cause property owner to execute and submit to the City Engineer for 27 recordation the City's standard form Drainage Hold Harmless Agreement. 28 33. 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 PC RESO NO, 6550 -8- 30, Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards, Fees/Agreements €5 ^ Management Practice Maintenance Agreement for the perpetual maintenance of all 2 treatment control, applicable site design and source control, post-constmction permanent 3 Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project, 4 34, Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard Encroachment Agreement for the proposed 6 enhanced paving within public right of way at intersections of Paseo Del Norte and project driveways. 7 8 9 11 12 19 20 23 Grading 35, Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit 10 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. 36, 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 13 post security per City Code requirements. 14 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. 15 ^ ,g 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 17 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the Califomia Regional Water 18 Quality Control Board and City of Carisbad Requirements, The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant mnoff during constmction of the project. 39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)," 21 The SWMP shall demonstrate compliance with the City of Carisbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 22 Region of the Califomia Regional Water Quality Control Board and City of Carisbad Municipal Code all to the satisfaction of the City Engineer. 24 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of mn-off by mimicking 25 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of mn-off before mn-off leaves the site. Developer shall incorporate LID 27 techniques using current County of San Diego Low Impact Development Handbook (Storm Water Management Strategies), LID techniques include, but are not limited to: 28 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce Hie volume, peak flow rate, velocity and pollutants. PC RESO NO. 6550 -9- Dedications/Improvements 41. Developer shall design the private drainage systems, as shown on site plan to the 3 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 4 plan check and inspection fees for private drainage systems. ^ 42. Developer shall cause Owner to dedicate to the City public water easement as shown on 6 the site plan. The offer shall be made by a separate document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are 7 already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer, 8 43, Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Development Improvement 10 Agreement to install and shall post security in accordance with C,M,C, Section 20,16,070 for public improvements shown on the Site Development Plan, Said improvements shall 11 be installed to City Standards to the satisfaction of the City Engineer, These ^ 2 improvements include, but are not limited to: J 3 a. Full half width improvements of Paseo Del Norte, along the project frontage, to secondary arterial standard, including but not limited to driveways, 14 paving, curb and gutter, sidewalk, striping, undergrounding or relocation of utilities, water & sewer services, drainage structures, all necessary 15 transitions to existing improvements as shown on Site Development Plan. b, Onsite potable water lines and appurtenances as shown on the Site 17 Development Plan. 18 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constmcted within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in 20 said agreement, 21 44. Prior to buUding permit issuance, the developer shall pay a proportional fair share contribution towards construction of a dedicated right-turn lane from eastbound 22 Palomar Airport Road to southbound Paseo del Norte equivalent to twelve and eight tenth percent (12.8%) of the actual cost to the satisfaction of the City Engineer. If construction of the right-turn lane is incorporated into the City's Traffic Impact Fee 24 (TIF) program, the payment of TIF will satisfy this condition. 25 45 Developer shall design, and obtain approval from the City Engineer, the stmcUiral section for the access aisles with a fraffic index of 5.0 in accordance with City Standards due to tmck access through the parking area and/or aisles with an ADT greater than 500. Prior to 27 completion of grading, the final stmctural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and 28 approval of the City Engineer. PC RESO NO. 6550 -10- ^ utilities 2 46. 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 4 public water mains to the satisfaction of the District Engineer. ^ 47, Developer shall design and constmct public facilities within public right-of-way or within 5 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 7 maintenance, access and/or joint utility purposes. o 48. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 9 for connection to public facilities. 10 49. 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 11 Department for processing and approval by the District Engineer. 12 50, Developer shall install potable water and recycled water services and meters at locations 13 approved by the District Engineer, The locations of said services shall be reflected on public improvement plans, 14 51, The Developer shall install sewer laterals and clean-outs at locations approved by the City ' ^ Engineer, The locations of sewer laterals shall be reflected on public improvement plans, 52, The Developer shall design and constmct public water, sewer, and recycled water 17 facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer, 18 19 Code Reminders: 20 53- Developer shall pay a landscape plancheck and inspection fee as required by Section 20,08,050 of the Carlsbad Municipal Code. 21 54, Approval of this request shall not excuse compliance with all applicable sections of the 22 Zoning Ordinance and all other applicable City ordinances in effect at time of building 23 permit issuance, except as otherwise specifically provided herein, 24 55, The project shall comply with the latest nonresidential disabled access requirements pursuant to Tide 24 of the Califomia Building Code, 25 26 27 57, Developer shall pay traffic impact and sewer impact fees based on Section 18,42 and 28 Section 13,10 of the City of Carisbad Municipal Code, respectively. The Average Daily PC RESO NO, 6550 -H- 56, Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1! 19 20 21 22 23 24 25 26 27 28 Trips (ADT) and floor area contained in the staff report and shown on the Site Development Plan are for planning purposes only. 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 Govemment 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 ofCarisbad, Califomia, held on April 15,2009 by the following vote, to wit; AYES: Commissioners Baker, Boddy, Cardosa, Douglas, Whitton, and Chairperson Montgomery Commissioner Dominguez MARTEBWB, M( CARLSBAD PLANNING erson DON NEU Planning Director PC RESO NO, 6550 -12- 5 ^ PLANNING COMMISSION RESOLUTION NO. 6551 ^ A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO 4 REMODEL THE EXISTING VACANT HADLEY'S COMMERCIAL BUILDING INTO A 21,281 SQUARE FOOT COMBINATION ONE-AND-TWO STORY MULTI-USE 6 COMMERCIAL BUILDING THAT WILL INCLUDE A RESTAURANT, MUSEUM AND MEETING ROOMS ON 7 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT ^ ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3, 10 CASE NAME: GREEN DRAGON COLONIAL VILLAGE CASE NO,: CDP 08-13 9 11 12 26 27 28 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application 13 with the City of Carisbad regarding property described as 14 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of ^ ^ the County Recorder of San Diego County, June 8, 1977 as File j5 No. 77-224223 (APN 211-040-21), and 17 That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of Califomia, 18 according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 (APN 211-050-04), and 20 The southerly 120.00 feet (measured along the easterly line 21 thereof) of that portion of Lot "H" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to 22 map thereof No. 823, filed in the Office of the County Recorder 23 of San Diego County, November 16,1896 (APN 211-050-16) 24 ("the Property"); and 25 WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" - "Q" dated April 15, 2009, on file in the Planning Department, GREEN DRAGON COLONIAL VILLAGE - CDP 08-13, as provided by Chapter 21,201.040 of the Carlsbad Municipal Code; and 9D WHEREAS, the Planning Commission did, on April 15, 2009, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the CDP. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are tme and correct, 10 B) That based on the evidence presented at the public hearing, the Commission 11 RECOMMENDS APPROVAL of the GREEN DRAGON COLONIAL VILLAGE - CDP 08-13 based on the following findings and subject to the following conditions: 16 17 28 Findings: 12 13 14 1, That the proposed development is in conformance with the Mello II Segment of the 15 Certified Local Coastal Program and all applicable policies in that the proposed use is consistent with the Travel Service (TS) LCP Land Use designation; there is no historic evidence of agricultural use of the property; the development does not obstruct views of the coastline as seen from any public lands or public rights-of- way; the project is consistent with the City of Carlsbad's HMP, which has been developed so as to implement and be consistent with all provisions of the LCP; the project has been designed to reduce the amount of runoff to the maximum extent practicable, utilizes Low Impact Design (LID), and has been conditioned to 2Q implement the National Pollution Discharge Elimination System (NPDES) standards; and the site is geologically stable. 21 The proposal is in conformity with the public access and recreation policies of Chapter 3 22 of the Coastal Act in that the site is not located between the sea and the first public road parallel to the sea, and therefore no coastal access areas or water-oriented 23 recreational activities exist on or near the project site. 24 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 25 Zone (Chapter 21,203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 26 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban mnoff, pollutants, and soil 27 erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. PC RESO NO, 6551 -2- ^ " The Plarming Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project, 4 Conditions 5 6 9 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 7 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 8 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or fiirther condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 10 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 11 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 Coastal Development Permit. 13 2, Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 14 them intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 15 development, different from this approval, shall require an amendment to this approval. " Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 18 4. If any condition for constmction 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 Govemment Code Section 20 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 21 all requirements of law. 22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 23 harmless the City of Carisbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 24 and costs, including court costs and attomey's fees incurred by the City arising, directiy or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, 25 (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, 27 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 28 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO, 6551 -3- 9Z 1 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6, This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and CUP 08-08 and is subject to all conditions contained in Planning Commission Resolutions No, 6549 and 6550 for those other approvals incorporated herein by reference. 7, Developer shall implement, or cause the implementation of, the GREEN DRAGON COLONIAL VILLAGE - CUP 08-08/CDP 08-13 Project Mitigation Monitoring and Reporting Program. 8, The applicant shall apply for and be issued building permits for this project within three (3) years of approval or this coastal development permit will expire unless extended per Section 21,201,210 of the Zoning Ordinance, 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 Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carisbad 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 armul 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 statiite of limitations has previously otherwise expired. PC RESO NO, 6551 -4- 1^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on April 15, 2009, by the following vote. to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, Whitton, and Chairperson Montgomery ABSENT: Commissioner Dominguez ABSTAIN: MARTELLB. MONTGOMERY, CI CARLSBAD PLANNING COMMIS ATTEST: DON NEU Planning Director PC RESO NO. 6551 -5- 1 RESOLUTION NO. 2009-105 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A 4 CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO REMODEL THE EXISTING VACANT HADLEY'S 5 COMMERCIAL BUILDING INTO A 21,281 SQUARE FOOT COMBINATION ONE-AND-TWO STORY MULTI-USE 6 COMMERCIAL BUILDING THAT WILL INCLUDE A RESTAURANT, MUSEUM AND MEETING ROOMS ON 7 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT 8 ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT 9 ZONE 3. CASE NAME: GREEN DRAGON COLONIAL VILLAGE 10 CASE NO.: CUP 08-08/CDP 08-13 11 The City Council of the City of Carlsbad, California, does hereby resolve as 12 13 14 15 16 17 18 19 20 21 22 follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on April 15, 2009, hold a duly noticed public hearing as prescribed by law to consider Conditional Use Permit (CUP 08-08) and Coastal Development Permit (CDP 08-13); and WHEREAS, the City Council of the City of Carlsbad, on the 2nd day of "^""^ , 2009, held a duly noticed public hearing to consider said Conditional Use Permit and Coastal Development Permit, and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to CUP 08-08 and CDP 08-13. NOW. THEREFORE, BE IT HEREBY RESOLVED by the City Council of 23 the City of Carlsbad as follows: 24 1. That the above recitations are true and correct. 25 2. That the recommendation of the Planning Commission for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and 26 approval of a Conditional Use Permit and Coastal Development Pemiit are adopted and approved, and that the findings and conditions of the Planning Commission contained in 27 Planning Commission Resolutions No. 6549, 6550, and 6551 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council with the 28 *f5 1 following modifications to the initial whereas statements on Planning Commission Resolutions No. 6549, 6550, and 6551: 2 3 WHEREAS, Bruce Bartlett, "Developer/Owner", has filed a verified application with the City of Carlsbad regarding property described as 4 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego, 5 State of California, filed in the Office of the County Recorder of San Diego County, June 8, 1977 as File No. 77-224223 (APN 211-040-21 a/so ftnown as 6 Parcel A, wtticli is under Fee Simple ownerstiip interest by applicant Bruce Bartlett), and 7 That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, 8 County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 9 1896 (APN 211-040-04 also ianown as Parcel B, which is under long-term Leasehold interest ttetween applicant Bruce Bartlett and the underlying 10 property owners (the Gaiser Family Trust), and 11 The southerly 120.00 feet (measured along the easterly line thereof) of that portion of Lot "H" of Rancho Agua Hedionda, in the County of San Diego, State 12 of California, according to map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 (APN 211-050-16 also 13 frnov/n as Parcel C, which is under long-term Leasehold interest between applicant Bruce Bartlett and the underlying property owners (the Ray and 14 Barbara Winter Trust) 15 3, This conditional use permit shall expire on June 30, 2045 to coincide with the expiration of the two current ground leases by Developer on Parcels B and C. An extension to this conditional use permit may be granted by the City Council only if both of the ground leases are also extended. Further this conditional use permit shall be amended or tenninated prior to this expiration date upon documentation to the City Council in a public hearing that one or both of the two ground leases has been lawfully terminated by a written statement, with duly authorized and notarized signatures of both the Lessor and the Lessee, mutually agreeing that one or both of the leases has been lawfully terminated, or by a court order evidencing such lawful termination 20 4. This action is final the date this resolution is adopted by the City Council. 21 The Provisions of Chapter 1.16 of the Carisbad Municipal Code, "Time Limits for Judicial Review" shall apply: 22 " 23 24 25 26 27 28 -2- 17 /// /// /// /// /// 1 "NOTICE TO APPLICANT" 2 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094,6, which has been 3 made applicable in the City of Carlsbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in 4 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 5 decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such 6 record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the 7 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 8 record of the proceedings shall be filed with the City Cleric, City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008." 9 10 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 11 Carisbad on the ?nH day of June 2009, by the following vote, to wit: ^2 AYES: Council Member? Levi?, Kulcbin, Hall, Packard & Blackburn. 13 NOES: None. 14 ABSENT: None. 15 16 17 18 19 20 21 ayor ATTEST WOOA)CityClerk\,,„„A (SEAL) N-r^.-^oHM*.'..^ "r. 23 24 25 26 27 28 -3- GREEN DRAGON TAVERN and MUSEUM COLONIAL VILLAGE REDEVELOPMENT OF FORMER HADLEY'S SITE OWNER / ARCHITECT and CONSULTANTS / UTILITIES OWtffllt/ARLtCAin': MEEH DWCCM IWERN BAuce BMmcn. PKSCCMT 9.0. BOX KTOH SAN MGO, M KIM 1.B0O.44I.7M1 F«: tS&TH.n LAKHCAFB ARODTBCr: UHUAM BNOUP 41BJS EMTERPAEE cnCLE Nonn sunc c in.' *si-»t-aBoi CONTACT: VWCE fXDOmO D'HV C0HSU.1Mn MC I71D LOKER MNUE VEST. SUdC 100 un»u. cn M lEii m.ut.»_. CCtmCT: OCOROE C 3tS! UEMtHEM) WCHUC URUBU, a noia ;«).ni.4tDD/W2 Fiut rao-iti-ttos GENERAL NOTES iMoMu. Buumc nccs mciw. cows M 1 MTuu. EKBiNc nmx ruxHi uw vm mat TIWWL EIMTION wwcMta OH CMMMHTE lii™ WCMFEn W/M OIMU HK DEWnM AMI/M avuxs ntM CMIDKI MCIUMTI TWT wr tE Kama nuc w men c»SmMs nvEus nmn coNnnucm , CMIMCTM MLi UnUIE MEAS DUMMCS FW UlCtKIN WD IMT « JMK MO nOUEC MCM. swu PMWt ntem ini ncrrEcim uenco rnt EMSTM TREES TD APPLICABLE CODES e TdU 14, MaUSME »: M cooe (CM. FMH 1. nni KM. MM Om wun 3, T(l DEFERRED APPROVAL SHEET INDEX OETMS & SECTIOKS PROPOSfO SITE PUN 407-E IRUCK TURNING RADIUS EKHIWI fi PROJECT SUUMWr TMSH Olg'OSm FIAEPOIE «« SflE Will DnAlli FLOOR PLW - 1ST FLOOR FLOOft PIAM AHD REflECIEO CEIUHG PIAM - IHl) aoOR REFlfQED CBLNC FTAN - 1ST FLOOR EKTIRWR ELEVATUNS BUILDING SECTIONS COHCETTUAL LANDSCAPE PLAN WATER CONsenVATiON PLAN WATER USE PLAN CUP 08-08 CDP 08-13 (0 UI o (0 (0 < z UJ (0 z UJ CQ (0 UJ cc I U £ QJ 3 u i ^1 Ul (O S a: d -JOS -|2 S SHEET 2 OF 4 SHEETS C.D.P. 08-13 C.U.P. 08-08 SQMHUzi ma scutE I'-iff «KZ JB«£- /•- 4' SECTION B-B HORZ SaUE I'-4' ©2008 O'Ooy Consultonts, inc. BENCHMARK: BATEormisiat ocnxat i ject uirOFnEvaat MEn 2oot n s 1 .'1 ^—mpfisaBaum 1 1 — vEsmTmsm m w eusflw amine mormwH/ /iT"^ m ^ i! • 1 ^ —mstenm —^ 1 X \l 1 1 — vEsmTmsm m w m eusflw amine mormwH/ /iT"^ m ^ i! • 1 ^ —mstenm —^ 1 X \l 1 KBtmau/Kraiiusamcris KorroF coLSBivsunercmmtsaBafw. M mt SOP wm av saiftp txs^ijrn/ cEim vnm mm ma£ m swTHBcm CMsmauc asmsumBFemeutmi amnat- sax newts SHEET 2 OF 4 SHEETS OOBHED aifi ia. DMC: EIWMN JA 5CMF. PnOJOT MM-i fcO- JOB NO. «:\Ml24(MMDTin,m IXe 2IXM > SHEET 3 OF 4 SHEETS C.D.P. 08-13 C.U.P. 08-08 SCCmiND-B KIS. PASEO eq HORTE, 5.f Z5'\ a' 1 r 1 1 1 Foi Asastccjmv. n/ws/^ tr 2' mmenaaat ccmmAieos a4tFerfmviusat Mrnxot seenme-e BBKmm fa Bts saner e m arr cr cmsao xRxr eami STAJKH "W". AHmemmrnmavsmnB tLSf-fjrtf cB/iBi er mi MOM ams/ut soumxMD cMLSBtf ««, asmsemoFcmioHfioiio EtmmM - SO.X nm If Smr J OF 4 SHEETS C 0 N s b L T A'TS T ^ DESUNED Wi JJ. MTB MMT MM OWWN liv> JA sauft IBSHOWM PIMJECT udL- jUL jni> MO,. ^vi^jwi. 1 rr n \ a EHCMEER or WORK SHEET 4 OF 4 SHEETS C.D.P. 08-13 C.U.P. 08-08 ^V7-E TRUCK TURNING RAD/US EXHIBIT ©2008 0"Dcy Consultants, Inc. CONSULT >^>J Y ^ DESNNED BIf! iA. OWCl JBOfifiL— DRAIW BV;_-_Ji__ SGM^ « SHOiH PROJECT H(W.i ftp. Jf« NO-JtmL 171* LW h. «M CM EnilHkx OiiUad. CMUnto *U1« PHMttia DtCWEER or WOW C;\001J40\OWOID4.{*s tito 11, 1000 147mi o o ® BUILDING ANALYSIS AREAS: FIRST FLOOR 19,827 ST 5ECCW0 FtOOB 1.454 SF TOTAL 21,IS) SF ARCA SEPARATPOH BETWEEN^ A-Z/A l-HOUf), TAUE SOB.3,3 OCClffANT LOAD; A-2: 32i A-3: Z49 S-? ; 1? TOTAL IIS5 Hffi OCCUPANTS REQWRE MW. 3 EBTS, TABLE TOIS.I EXITS PBOV10ED! 10 (SEE aOOH PUN FOR WOMWAl ROOM OCCUPANTS LOAO AND HEOWRED EMIS) aOQR PLAN LEGEND rr^.i/f, EMSnwa TILT-UP CONCRETE WALL I NEW B* CUU WALL ) 2 « B O II- STUO WALL W/ R-1B WSUL. FULL HEIGHT AT EXlEHIOtt ANO COUUON WALLS e" ABOVE CEUHG LHE AT INTERIOR ANO OTHER W DENOTES ROOM NUUBER DENOTES DOOfi NUUBPl DENOTES WNDOW TfP£ non 0NI FLOOR PLAN • 1ST FLRT 0) UJ U O CO < z Ul (0 z UI CQ OT UJ (5 z E UJ UJ z z UJ ^ I z - h a. ?! U e UI « t 5 (9 8 (?) o n FDOO n SEmCE L JOS o rr— il 11 11" il n U a M 11 ii II 11 ft ® s Mt 1111 II II It Ir »-9- 1) •« 1! " RCP LEGEND 0 IT SEE MECHANICAL FOR SIZE. UODEl f SURFACE MOUNTED FLOUHESCtNJ LIGHT FIXTURE SUSPENDED PEWANT UCHT FJ: jn\ REHECIIDCBUNCFWN-2ND RR. TRUSS LEVfLk o ®- © aOOR PUN LEGEND ] 2 X G O 16' STUD WAa W/ R-TS INSUL, FUa HDCHT AT EXTERIOR AND COUMON WAaS 6' ABOVE CEIUNC LUC AT NTEfilOR AND OTHER VTALLS > FLOOR PLAN • 2ND FLR. CUP 084)8 CDP 08-13 t5 I 0. UJ 9' D i 1- ; u E UJ 8 UJ < ® (4) © V A DONI Its AE VE V A V A -lili i ,1 8'-o- i y-0- J. v-tr j. y-y js-'j' S Ul (0 s Q U S dz " o; J ^ 01 a z m u DC o jNlREFLECTED OIUNC PLAN AT DORMK lEVa 03 A2.1 o ROOF PIAN LEGEND TOP OF SWATWHO TOP OF PARAPET TOP OF WALL TOP Of PLATE V MASONRY OVERFLOW DRAIN ROOF DRAIN GENERAL OIRECTION OF WATER DRAINAGE DEWSiHO WALL TO UNDEFtSlOE OF ROOF/ WAa BaoW BMB' ATTIC VENI « e'-o" o,c, ROOF ACCESS HATCH AND WALL MOUNTED : ROOF PL^N NOTES ELEVATIONS ASE GIVEN FROU TOP OF SUB ELEVATION, REFER TO EXTERIOR ELEVATIONS FOR ROOF TILE MATERIAL, ALL ROOF MOUNTED EQUtPMENT (l£„ HOODS. A/C EQUIPLttNI. VENTILATIWS, ETC) SHALL RECEIVE TWO COATS OF EXTERIOR SEMl-CLOSS PAINT, COLOR TO BE SELECTED BY ARCHITECT, A/C UMTS PROVIDED SHAU. NOT EXCEED PARAPET HEIGHT. ROOF CraCKETS SHALL BE CONSTRUCTED 2K AT 16' 0,C. W/ 5/8" PLYWOOD OVER. MAINTAIN UWIMLIM SLOPE 3/B " PER FOOT CffltafET LOCATIONS ARE SHOWN ON HOOF PLAN. • 22'-0- {1.0. PARAPETV l' RIDCF 11 11 b C/12 d 1 jr IT™" T t r / \ AGE TVP. / \ mo T t r CE / \ "n] n )] / 1 P li ( \ / J L \ / J ^ L T ( j i L \ / J ^ [ \ il 11'-0" z E UJ UJ 2 5 z Ul • OT UJ U O OT OT < z -h 0. OT Z UJ m ^1 —^ X s UI < I o & m EJntRKMt afVATION (FRONT • PASEO Da NOKTa 1/8" - T~o- M ENTRY THRU WROUCHT IRON GATES AND RAISED EHGUSH CARKN LANDSCAPE 208'-y TD FACING tOBE OF UECXAHICAL UMTS MATERIALS AND COLORS I FrFKJn <i> ggSR.'^.^TiiKj^^-^rf^B.ni^^^^ ^COPPER ROOT ^ BRICK WNBR BY CORONADO STCW: MU BRICK 4'«S'ic1/3" ^ aaat vsau BRICK, RUSTIC MTH CAP BRICK AT WAU. /i\ BRICK WtCER BY COfiOHADO STONE: THW BRICK fOTx}/!' COLOR: USED BRICK, RUSUC ' ^ NOT USED /£\ SffUHft aRTAIMTEED,«ATMEJWDARD- CEDAR LAP SHWS X/ e i/riii- pAWTEo (SEE COLOR SCHHWU} IRM- sA'rt' WOODCRAIN PAWTED CORNER- 5/4"rf" WOOGMAW PANTED BARGE BOARD S/4''iiir WOOOGRAIH PAMRD FASaA WOOD PER PUW-(B) ^ m% FIXED SHUTTER-(e) FLUTED TRU AND ROUND C0lUMNB-(6) NS^ BY MELTON CLASSK BM-BSJ-WO mm^mo^amam/ TM* AND DENHLS- POLTOHETHA«-(B) OTERIOR OOOB- SIEELCRAFI EUBOSSEO SIEEl DOCR « FRAME , STYLE! COLONIAL-(B) ^ ROU-BAOC ilETAL SECIBKAL DOOR MTH WWUG PANEL WSEBt- (B) ANTIQUE STREET LAMPS BY LJTHONIA TR3a AWB ARDO (DARK CREEN) LARGE TRIS AM AMDS (DARK OKEIQ SUAIL HLTJO AWG LARGE PENDANT ^ UTHDWA W«i PACK WST (DARK GREEN) ^ WROUGHT IRON OAJtS- (C) ^ KMDX BOX NSTALLEO O +^-0* AFF ^ 12' HKH ADOMSS NUMBERS UTD. ON BUIDNG ^ DECORATIVE' GREEN ORAGOH WAIHER VAH 4h WW «»RESS UUUBCRS AT REAR DOORS 'vr COLOR CONTRASTMC TO THE BACKGROUND ^ DECORATW GREEK ORAGON AT ENTRY /fli PEILA CLAD HKO FRAME WITH COLOWAl PROFU '<y REMOVAfllE WOOD MUTM BARS - ClAaNC TO BE S/f WSULA1E0 GLASS - IMPACT RESISTANT AT LOMER UVEl WtNoiSilS <^ 7/Br EXTEBWR STUCCO - SMOOTH fMSH (A) ^ 7/r EXTERBR STUCCO SOFFIT - SMOOTH FWSH (A) <^ WOOD FASCIA PAMTEO (6) COLORS AU. EXIERIOS PAINT TD BE PRATT AND LAMBERT- milAHSBURG COOECTION (A) CW KM- GEORGE PIT HOUSE BISOUE 5 . (B) CW BDl- WllAUaURG SMUIATIO IMIEWASH M (C) CW 401- MARKET SQUARE TA«HM DARK GREEN PROPOSED BUILDING SKWS ARE FOR ILLUSTRATIVE PURPOSES ONLY. ALL SIGNS SHALL 8E APPROVED UNDER SEPERATE PERMIT PBIAPEI""* • — — "iffllOFJOIlL , f-O' LAHDSCAPI SE 13'-8' TO j OF^AU (VARIES) PROPERIY IK SITE Wta FCR SGREEWN OF WHCLtS 0 UNE Of sm msti - HIGHWAY S VIEW COKMOOK CUP 08-08 CDP 08-13 o z -E UJ Ul z w if UJ * f (3 I 5 U O - , OT z I ^ Q. «8 Z UJ OT Z UJ 00 a: 1 Ul 3 OT u UJ < i Eg UI m S • u z o i Q Z u u o:: o 11- 0 = ^ A5 -4i OKEEN ORACON TAVFRN -^B)TYP. & SOUTH EliVATlON AT MAIN EMTKY (&iCUSH CAROEN) 1^" - r-o' ' , ^ NORTH REVATION AT MAIN ENTKY ttNGUSH CAKDENl 3 J ^^g. _ (D MATERIALS AND COIOB'i IFGFNin />\ ROOF TIE BY MQNCNUFE TILE, CONCRETE SHAKE "MADERA" \y COLOR: MDVNTAINWOOD MDCl SDOl- l,C.B,0, ( CS 1ES« ^ COPPER RDOf I A-nB-nl/I* in uflr nuLf •! JIOHE: THW BREK „ ™ COLOR: USED BRICK, RUSTIC <^W>T USED /ts aOMt CERTANIEEO HEATHERBOARO- CEDAR LAP SUNG ^ t l/4*iir PAWTED [SEE COLOR SCHEDULE) JRIH- S/4"«B" WODOGRAIN PAINTED C(HNEfI- V* •* WOODBRAM PANTED BARGE BOARD 5/4M2" WOODGRAM PAWTEO ^ FASCIA WOOD PER PLAN-(B) WYl FIXED SHUTTEH-(C) ^ FLUTED TRU AND ROUA COLUUNS-(B) ^ BY MELTDM CLASSK BOO-Sej-MO <<X IWIDOWje DOM SURROUND/ TRBt AM) DENTILS- POLVUHETHANE-tB) BY FiPON D00-5J7-S349 <^ «WW«WW^ SIEELCRAn EMBOSSED STEEL DOOR A FRAME ^ ROa-BACK METAL SECTUNAL DOOR MTH VKMNG PANEL NSERT- (B) k ANTUUE STREET LiL y mm AW AWDC (DARK EREEI THIB A«e ANDG fr HLT30 Ar- • AWDC (DARK ERKN) LARGE ANDG (DARK GREEN) SMALL IG LARGE PENDANT ^ UTHOMIA WAli PACK WST (DARK GREEN) ^ WROWHT IRON GATES- (C) ^ KHOX BOX NSTAUEO 0 +C'-0' AFF 12" HKH ADORESS NUMBERS MIO, ON BUILOWG ^ DECORATIVE CREEN ORADOH WEATHER VAM y^X G* HGH ADDRESS NUMBERS AT REAR DOORS COLOR COHIBASTIHG TO THE BACKGSDUMO ^ DECORATIVE GRaM ORAGON AT ENTRY ^ reilA ClAO FIXED FRAME WITH COIONWL PROFU X** REMOVABLE WOOD MUTM BARS - CLABNG TO BE ifl' INSUUTED CLASS - IMPACT RESKTAHT AT LOWER LEWL UNDMS <^ 7/r tXTERWR SniCCO - SMOOTH FMSH (A) <^ 7/B- EXTERIOR STUCCO SOFFIT - SMOOTH FIWSH (A) <^ WOOD FASCIA PAINTED (B) COLORS AU. EXTEWOfi PAST TO BE PRAIT AHD LAMBERT- WLLIAMSBURG COLLECTION (A) CW BD4- GEORGE PIT HOUSE BISQUE i (B) CW BOI- WLUAMBURD SMJLAIED WHITEWASH • (C) CW 401- MARKET SOUARE TAVERN DARK GRCEH PROPOSED BUILDING SIGNS ARE FOR ILLUSTRATIVE PURPOSES ONLY, ALL SIGNS SHALL BE APPROVED UNDER SEPERATE PERMIT LU 1- " i UJ 3 O s CC > < I Eg Q U > iu < o Ul o I Q Z 0 8' A5.1 O CLP 08-08 CDP 08-13 LANDSCAPE CONCEPT PLAN drawn: v.o, checked; v.D, date: 06/04/08 SHEET — L-1 of 3 sheets JOB NO. 08-120 ?0 liONUVENT SBN -—CURB T PASEO DEL NOFTTE •SIDEWAltt TYP. SIGHT DISTANCE-, ^ SIGHT DISTANCE CUP 08-08 CDP 08-13 WATER CONSHWATION 8TATB4ENT . DROUGHT rOLER»WT PLANT hlATERlAL WAS SPECIFIEO WHERE APPFKIPBIATE, . MULCH HAS BEEN SPECIFIED FOR ALL PIAKTINO AREAS, , IRRIGATION SYSTEMS SHALL BE SEPARATED BY EXPOSUBE, ELEVATION AHD HEAD TYPE. , AN CT SYSTEM DEVICE Smu BE SPEQFIED. , AIL IRRIGATION HEADS SHALL HAVE CHECK V»LVCS, , HBlGATION SCHEDUUNG TIMES ARE SPECIFIED TO AiLOW THE OPTIMUM AMOUNT OF WATER FOR PLANT GROWTH *ITF«UI EROSION, , DRIP IRRIGATION SMAa BE USED TO CONSERVE WATER - BIO-SWALE TYP, \ UGMT POLE TYP. WATER EASEMENT— -aiO-SVMl£ TtP. v., 4-^ NOTESi I. AU. PtMims *m KfnaiTm SH*U COH^U ro mc arr or CMnsato auMwas AW SDMOVSU. 3. AU. wruvf ft ALL L«NOSCAP£ AREAS SHALL BE MAINTAINED PBVAIELY BY TW OWNER. SfTE CALCULATIONB -eiO-SWALE TYP. SITE AREA SHRUB AREA (ZONE 2) eK>SWALE AREA TOTAL lANOSCAPE AREA 134,287 SO, FT. ZS.8M SQ, FT. 2.0M SO, FT. 31.eu SO. FT, 9M OF LANDSCAPING 7X OF LANDSCAPINO 2*H OF SITE PLAKHNQ LEQEND -ZONE Z AU SHRUe AREA TVP, AU LWDSCAPE ARE«S ARE OESfONED FOB RECTClfO WATER BUT IS COMMECTEQ TO A OQMEsnC WOEH EEMCE U RECfOED WATER SERSncE WHEN AVMLABIZ. GRAPHIC SCALE syuBOL AeencviATioN BOTANICAL NAME COMMOK NAME SIZE NUMBER REMARKS ZONE ACA. STE. ACACUt STENOPHTLLA SHOESTBINC ACACIA Z4" BOX 21 DOUBLE STAKE /HEKHT fl-lff , SPREAD 3'-4' MIN. 1 CUP. ANA. CUPAMKIPSIS AMACAROIOIDES CARROTWOOD Z4' SOX 4S DOOBi£ STAXE /HEIGHT S-IO' , SPREAD 3' 4' MIN. 2 JAC. MIM. JACARANDA MIHOSlFOLJA ,IACARANI» 3fl- BOX IS OOUELE STAKE /HHCHT 11-14' , SPREAD S-B' MtN, Z KOE. 9IP, KIHLReUTtRIA BIPINNATA CHINESE FLAME TREE 24' BOX 31 DOUBLE STAKE / HEIGHT S-IO' , SPREAD 3'-4' MIN. 2 SF^RUBS^ eUX. MIC aUXUS MICHOPHKLA JAPANESE BOXWOOD i OAL 324 FULL h. BUSHY 2 LJO, J. 'T." LCUSTRUM JAPONOMCA "TEKANUM' TEXAS PRIVET S OAL B9 FULL & eUSHY 3 LAV. DEN, LAVANDULA OENTATUM FRENCH LAVENDER 5 GAL 472 FUU. k eUSKf 2 En, AUS, ERICA Ausnwjs SOl/THEFW HEATH 9 GAL 107 FUa k euSKY 2 ESC. nu. HEM. HYQ. ESCALLONU FfldDESI HOJESOCAU-IS HYBRIDS ESCAILTINIA B GtL 130 FULL k BUSHY 2 HYO, MAC, H>DR*NQEA MACROCAfiPA eiG LEAF HYDRANGEA i OAL ^ FULL k BUSHY (SOU ORANGE ic YELLOW) FULL * eUSKI- 2 UM. PER. LHONUM PEBE2I STATUS 1 CAL 532 FULL tt BUSHY I MYO. PAR. yyoPoBuu PARVIFOUUM PfiOSTTTATE WYOPORUM I GAL 1&e TRIANGUU* SPACING O S' 0,C, ON SLOPE AREAS PKO. ROE. PHOENIX ROEBEUNtI PIGMY MTE PALM IS CAL 1 FULL k BUSHY STR REG. STREinZlA REGIMAE BIRO OF PARADISE S (ML 6 FULL k BUSHY VINES: DIS. 8UC, OlSTICnS BUCCNATORIA' SLOOO-RED TRUMPET VINE 3 ATTACH 10 WALL 2 CROONDCOVEfi: • •—' lifTO, PAR, LTTOPORUM PAFMFOUUM PROSTRATE MYOPOfiUM FLATS AS REQ'D, TRIANGULAR SPACING 12' 0,C, 2 MULCH « CROUMOCOVER: • WUUU MULJ3I FIR CHIPS MULCH WOOD MULCH 3' WAX. AS REO'O. yjl^^CONTACT! GAirr ua ORCAHICS, INC. (309) 37fi-S944 • JUN, XIP, JUNCUS MPHIOIDes IRIS-LEAVED RUSH 1 GAL AS REQ'D, BIOSWALE CHANNa Z WATER CONSERVATION PLAN drown; checked; dote: 06/04/08 SHEET L-2 of 3 sheets JOB NO, 08-120 ALL lANOSCAPl AREAS ARE DESIGNED FOR HtCOWED WATER BUT li CONHECIED 'Q A DOMESTIC HATER SERVCE UNTIL CONVERTED ro A RECLAIMED VATER SERMCC WHEN AVAILABLE. CSffSf- CUP 08-08 CDP 08-13 INCH - 30 FT, WATER USE PLAN REVlSeO Q_ a: z o O u5 3 5 a: iiS »• f islil ' S s § s o 3 IE s UJ § IT 5 O O il ! 1 s drawn: v.[ checked: v.c dote: lo-oj-o SHEET _ L-3 if 3 sheets JOB NO. OS-120 EXHIBIT 5 Planning Commission l\/linutes November 2, 2011 Page 2 PLANNING COMMISSION PUBLIC HEARING Chairperson L'Heureux asl<ed Mr. Neu to introduce the first item. 1. CUP 08-08fA)/CDP 08-13(A) - GREEN DRAGON COLONIAL VILLAGE - A request for a recommendation of approval of a Conditional Use Permit Amendment and a request for approval of a Coastal Development Permit Amendment to revise conditions of approval in Planning Commission Resolutions No. 6550 and 6551 associated with the Green Dragon Colonial Village project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Jason Goff would make the Staff presentation. Chairperson L'Heureux opened the public hearing on Agenda Item 1. Mr. Goff gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation, Bruce Bartlett, Fairbanks Ranch, gave a brief presentation and stated he would be available to answer any questions. Chairperson L'Heureux asked if there were any questions of the applicant. Commissioner Siekmann asked for clarification regarding the land owner of Parcel C. Mr. Bartlett stated that he was not sure what made that land owner change his mind in terms of consent. Commissioner Siekmann asked if Mr. Bartlett tried to resolve the issues with the land owner of Parcel C. Mr. Bartlett stated yes but nothing was resolved. Commissioner Nygaard asked Ron Kemp, Assistant City Attorney, to explain the liability issues with this project. Mr. Kemp stated the project was originally conditioned to have the property owners sign Hold Harmless Agreements for drainage as well as a Hold Harmless Agreement for Geologic Hazards. The underlying property owner is required to sign those agreements. Because Mr. Bartlett has a lease, the underlying property owner refused to take on any additional risks. Mr. Kemp stated that Glen Van Peski, Engineering Manager, was asked to determine and to evaluate the risks. Mr. Van Peski stated the various aspects were analyzed in regards to Parcel C, and the conclusion was that the risk level in all cases is very low. Mr. Kemp also stated that Mr. Bartlett agreed to sign the permanent BMPs Stormwater Maintenance Agreement and take on the obligations that would go to the owner of Parcel C. Commissioner Nygaard asked if Mr. Kemp feels the liability impacts to the City are minimal. Mr. Kemp stated yes. Chairperson L'Heureux asked if there were any members of the audience who wished to speak on the item. Seeing none. Chairperson L'Heureux opened and closed public testimony on the item. Chairperson L'Heureux asked if there were any further questions of Staff. Commissioner Siekmann asked Mr. Kemp if it would be possible to vote on the two resolutions separately. Mr. Kemp stated yes. Commissioner Schumacher asked if the parking lot on Parcel C could be turned into a building at a future date. Mr. Goff stated that given the location of the project site within the CommercialA/isitor-Serving Overlay Zone, any future proposal that would alter the site, or change the use on the site, would require a Conditional Use Permit or Conditional Use Permit Amendment that would have to come before the Commission and City Council for approval. Planning Commission Minutes DISCUSSION November 2, 2011 EXHIBIT 5 Page 3 Commissioner Nygaard stated initially she was concerned about the risk to the City, but after the testimony from the City Attorney she feels her concerns have been resolved. She stated she can support the project. Commissioner Siekmann stated she is in favor of the extension of time but not the Conditional Use Permit. Commissioner Arnold stated his support of both permits. Commissioner Black also stated his support of the project. Commissioner Scully stated her concurrence with her fellow Commissioners and stated she can support the project. Commissioner Schumacher stated he is satisfied that the risk is a very low risk for the City. He stated he can support the project. Chairperson L'Heureux also stated he can support the project. MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6838 recommending approval of a Conditional Use Permit Amendment (CUP 08-08(A)) based on the findings and subject to the conditions contained therein. VOTE: 6-1 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, and Commissioner Schumacher NOES: Commissioner Siekmann ABSENT: None ABSTAIN: None MOTION ACTION: Motion by Commissioner Schumacher, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6839 approving a Coastal Development Permit Amendment (CDP 08-13(A)), based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson L'Heureux, Commissioner Arnold, Commissioner Black, Commissioner Nygaard, Commissioner Scully, Commissioner Schumacher, and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson L'Heureux closed the public hearing on Agenda Item 1 and asked Mr. Neu to introduce the next item. ill) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, December 13, 2011, to consider approval of a Conditional Use Permit Amendment to revise conditions of approval in Planning Commission Resolution No. 6550 associated with the Green Dragon Colonial Village project on property generally located on the west side of Paseo Del Norte and south of Palomar Airport Road, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3 and more particularly described as: Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 8, 1977 as File No. 77-224223 (APN 211-040-21 also known as Parcel A, which is under Fee Simple ownership interest by applicant Bruce Bartlett), and That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 (APN 211-040-04 also known as Parcel B, which is under long-tenv Leasehold interest between applicant Bruce Bartlett and the underlying property owners (the Gaiser Family Trust), and The southerly 120.00 feet (measured along the easterly line thereof) of that portion of Lot "H" of Rancho Agua Hedionda, in the County of San Diego, State of Califomia, according to map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 (APN 211-050-16 also known as Parcel C, which is under long-term Leasehold interest between applicant Bruce Bartlett and the underlying property owners (the Winter Family Trust) Whereas, on November 2, 2011 the City of Carlsbad Planning Commission voted 6-1 (Commissioner Siekmann) to recommend approval of a Conditional Use Permit Amendment and voted 7-0 to approve a Coastal Development Permit Amendment to revise conditions of approval in Planning Commission Resolutions No. 6550 and 6551 associated with the Green Dragon Colonial Village project, generally located on the west side of Paseo Del Norte and south of Palomar Airport Road, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after December 9, 2011. If you have any questions, please contact Jason Goff in the Planning Division at (760) 602-4643 or jason.goff (gcarlsbadca.gov. If you challenge the Conditional Use Pennit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 08-08(A) CASE NAME: GREEN DRAGON COLONIAL VILLAGE PUBLISH: December 3, 2011 CITY OF CARLSBAD CITY COUNCIL NOT TO SCALE SITE MAP Green Dragon Colonial Village CUP08-08(A) Ea^ Peel Labels Use Avery® TEMPLATE 5160® i A j^Feed Paper See Instruction Sheet • for Easy Peel Feature^ CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 IAVERY®5160® ! ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 l,P.U,A, SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND GAME 3883 RUFFIN ROAD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U S, FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN TONI ROSS STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes fadles & peler • 1 ArMAM^ Consultez la feuille www.avery.com iiueoiuLK"" lecnnoiogy PatentPending U e Avery® TEMPLATE 5163™ 211-050-16-00 LUCE FORWARD HAMILTON & SCRIPPS LLP #2600 600 WEST BROADWAY SAN DIEGO CA 92101 211-050-16-00 RAY & BARBARA WINTER TRUST DATED 5/15/1981 1745 ROCKY ROAD FULLERTON CA 92831 211-050-04-00 KEVIN E MCCANN MCCANN & CARROLL #211 2755 JEFFERSON ST CARLSBAD CA 92008-1715 BRUCE BARTLETT PO BOX 927065 SAN DIEGO CA 92192 GEORGE O'DAY O'DAY CONSULTANTS INC #100 2710 LOKER AVE WEST CARLSBAD CA 92010 Foi«^A».raAvr \^\ AaiAV-O9-008"l TrueBlock™ Brevet de Technoiogie en attente Utilisezlegabarlt5163"<= www.avery.com 1-800-GO-AVERY AVERY® 8163"' M-050-18-00 WINTfeR6020 LLC C/0 ASHCRAFT INVESTMENTS #206 4401 MANCHESTER-AVE ENCINITAS CA 92024 211-040-29-00 TOP CHOICE INVESfillENTS LLC 6118 PASEOPEL NORTE CARLSBAD'CA 92011 211-050- CALTRANS - DIVISION 11 ATTN: RIGHT-OF-' 4050 TAYLOR ST SAN DIEGO CA 92110 PT OF TRANSPORTATION Y DEPT 211-040-20-00 PLAZA DEL NORTE INC 2312 CAMBRIDGE AVE CARDIFF BY THE SEA CA 92007 211-050-10-00 GREEK VILLAGE LLC 6030 PASEO DEL NORTE CARLSBAD CA 92011 211-04Qr28-00 PLAZA DEbsNORTE INC 2312 CAMBRKDGE AVE CARDIFF BY THKSEA CA 92007 211-050-09-00 211-040-32-00 NEW SPARK HOLDINGS INC 580 SILVER SPUR RD ROLLING HILLS ESTATES CA 90275 BRICKELL ENTERPRISES INC 10 SHERBURNE HILLS RD DANVILLE CA 94526 211-040-36-00 COSTCO WHOLESALE CORPORATION 999 LAKE DR ISSAQUAH WA 98027 211-040-25-00 ROSE CHILDRENS TRUST OTTO J ROSE TRUST & CAROL J ROSE TRUST PO BOX 5058 LIVERMORE CA 94551 mC9l.8 ©AU3AV AII3AV-O9-008-I, llJ03',^aAB'MMiUl wi£9lS aiVTdlrtiai ©AjaAV asn iruBDiocK-"' lecnnoiogy PatentPending Use Avery® TEMPLATE 5163™ www.avery.com 1-800-GO-AVERY AVERY® 8163T« 211-040-21-00 MR BRUCE R BARTLETT PO BOX 927065 SAN DIEGO CA 92192 211-050-08-00 CALTRANS - DEPT OF TRANSPORTATION DIVISION 11 ATTN: RIGHT-OF-WAY DEPT 4050 TAYLOR ST SAN DIEGO CA 92110 211-050-04-00 MRS J/^^JE M GAISER & MRS DIANE M GAISER PO BOX 30^455 ESCONDIDO 92030 50-10-00 GREEK VILLAGE LLC 6030 PASEOsOEL NORTE CARLSBAD CA 92011 211-050-16-00 211-050-09-00 RAY & BARBARA WINTER TRUST PO BOX 927065 SAN DIEGO, CA 92192 OCCUPANT 6100 PASEO DEL NORTE CARLSBAD CA 92011 211-050-15-00 211-040-29-00 PRIME CARWASH INVESTMENTS OR CURRENT OCCUPANT 6017-21 PASEO DEL NORTE CARLSBAD CA 92011 TOP CHOICE INVESTMENTS LLC OR CURRENT OCCUPANT 6118 PASEO DEL NORTE CARLSBAD CA 92011 211-050-18-00 OCCUPANT 6020 PASEO DEL NORTE CARLSBAD CA 92011 211-040-27-00 MOTEL 6 OPERATING LP OR CURRENT OCCUPANT 6117 PASEO DEL NORTE CARLSBAD CA 92011 .£918 ®AU3AV Aa3AV-O£>-00»-t iuo}'Aj3Ae-yvuuvM 3wC9lS)!->eqe63|Z3Si|!)n aiuane ue 3!6o|oui|3ai ap }3A3jg wi)|30|gan Ji TrueBlock™ Brevet de Technoiogie en attente Utilisez legabarit 5163"" vvww.avery.com 1-800-GO-AVERY AVERY® 8163^ 211-040-21-00 MR^UCE R BARTLETT PO BOK927065 SAN DIEGQ CA 92192 211-050-14-00 MRS BARBARA WINTER EXXON MOBIL CORP PO BOX 53 HOUSTON TX 77001 211-050-04-00 MRS JANE M GAISER & MRS DIANE M GAISER PO BOX 300455 ESCONDIDO CA 92030 211-021-22-00 BRIAD RESTAURANT GROUP LLC CARLSBAD PROPERTIES INC C/0 UNIRE REAL ESTATE GROUP INC #205 1800 E IMPERIAL HWY BREA CA 92821 211-0 RAY & BARBARA WINTER TRUST PO BOX 927065^ SAN DIEGO CA 9^2 211-022-21-00 CB RANCH ENTERPRISES # 100 500 AVENIDA ENCINAS CARLSBAD CA 92008 211-050-15-00 MRS BARBARA WINTER PRIME CARWASH INVESTMENTS #218 6725 MESA RIDGE RD SAN DIEGO CA 92121 211-050-17-00 WINTER 6020 LLC C/0 ASHCRAFT INVESTMENTS #206 4401 MANCHESTER AVE ENCINITAS CA 92024 211-050-01-00 MRS BARBARA WINTER ISLANDS RESTAURANTS LP #120 5750 FLEET ST CARLSBAD CA 92008 211-050-19-00 JCM TOM CO LLC 1524 DORCAS ST SAN DIEGO CA 92110 »iE9l.8 Aa3AV-OD-008-l I IinvXjaAD'llA AAAA wn£9lS 3iV1dl/\l3i o^SAV 9sn TrueBlocl{fBrevet de Technoiogie en attente Utilisez legabarit 5163"" www.avery.com 1-800-GO-AVERY AVERY® 8163"" 211-040-24-00 210-100-16-00 6121 PASEO DEL NORTE LLC #206 4130 LA JOLLA VILLAGE DR LA JOLLA CA 92037 COGNAC CARLSBAD PACIFIC CENTER LLC #320 705 PALOMAR AIRPORT RD CARLSBAD CA 92011 211-040-27-00 MOTEL 6 OPERATING LP BHG PROPERTY LLC ACCOR NORTH AMERICA TAX DEPT PO BOX 117508 CARROLLTON TX 75011 210-100-17-00 COGNAC CARLSBAD PACIFIC CENTER LLC C/0 PRUDENTIAL REAL ESTATE INVESTMENT #2700 4 EMBARCADERO CTR SAN FRANCISCO CA 94111 211-030-25-00 MCWIN CORPORATION PO BOX 2316 CARLSBAD CA 92018 211-030-32-00 AVENIDA ENCINAS CARLSBAD LLC 8039 BALBOA AVE SAN DIEGO CA 92111 211-030-27-00 STELLAR PROPERTIES LLC 5444 PASEO DEL NORTE CARLSBAD CA 92008 i£9L8 (S^AM3AW AH3AV-O9-008-I. wi£9lS 3iV1dlAI31 ®>tiaAV asn Green Dragon Colonial VillageCUP 08‐08(A)1 Location MapI-5 PAR SB ON RAMP RAP A S E O DEL NO R TEI-5 I -5 P A R N B O F F R A M P R A I-5 PAR SB ON RAMPPALOMAR AIRPORT RDA V E N ID A E N C IN A SI-5 PAR NB ON R A M P 2 I-5PASEO DEL NORTEA T & S F R R A V E N ID A E N C IN A S PALOMAR AIRPORT RDE A S Y S T O C E A N V IE W D R C A R L S B A D B L TIDE CTSAILFISH PL 0400800200FeetICUP 08-08(A) / CDP 08-13(A)Green DragonColonial Village3 4 Planning Commission Action•November 2, 2011 – Planning Commission conducted a public hearing for the amendment.•No comments from the public were received.•Planning Commission voted 6‐1 to recommend to the City Council approval of Conditional Use Permit Amendment (CUP 08‐08(A)).5 RecommendationThat the City Council:•ADOPTResolution No. 2011‐286 APPROVINGConditional Use Permit Amendment (CUP 08‐08(A))as recommended for adoption and approval by the Planning Commission.6 7 8 9 10 11