HomeMy WebLinkAbout2016-07-06; Planning Commission; Resolution 71781
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PLANNING COMMISSION RESOLUTION NO. 7178
A RESOLUTION OF THE PLANNING COMMISSION OF THt CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MINOR SITE DEVELOPMENT PLAN NO. SDP 15-·
23 AND COASTAL DEVELOPMENT PERMIT NO. CDP 15-43 TO CONSTRUCT A
49,942 SQUARE FOOT, THREE-STORY MEDICAL OFFICE SHELL BUILDING IN
PLACE OF A PREVIOUSLY APPROVED 50,000 SQUARE FOOT, TWO-STORY
OFFICE BUILDING ON A PREVIOUSLY GRADED DEVELOPMENT PAD LOCATED
ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD BETWEEN HIDDEN
VALLEY ROAD AND AVIARA PARKWAY IN THE MELLO II SEGMENT OF THE
COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 5.
·CASE NAME: NORTH COAST MEDICAL PLAZA
CASE NO.: SDP 15-23/CDP 15-43
WHEREAS, Adam Nichol, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by SSG TH, LLC, "Owner," described as
Parcels 1 and 3 of Parcel Map 19207, in the City of Carlsbad, County of
San Diego, State ·of California, filed in the Office of the County Recorder
of San Diego County, April 9, 2003 as Document No. 2003-0402795 of
official records
("the Property"); and
WHEREAS, said verified application constitutes a request for a Minor Site Development
Plan and Coastal Development Permit as shown on Exhibit(s) "A"-"V" dated July 6, 2016, on file in the
Planning Division, SOP 15-23/CDP 15-43 -NORTH COAST MEDICAL PLAZA as provided by Chapter 21.27
and 21.201 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 6, 2016 , hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Minor Site Development Plan and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows: .
A)
B)
That the foregoing recitations are true arid correct.
That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SOP 15-23/CDP 15-43 -NORTH COAST MEDICAL PLAZA based on the
following findings and subject to the following conditions:
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Findings:
Minor Site Development Plan (SDP 15-23)
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That the proposed development or use is consistent with the General Plan, complies with all
applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable
provisions of this code; in that a Minor Site Development Plan (SDP 15-23) is included in
accordance with the requirements of Chapter 21.06; that the proposed medical office building
and use is consistent with the Office (0) General Plan Land Use designation, which provides for
a wide range of general office, medical, and other professional uses; and all newly proposed
improvements remain within the existing graded and previously approved development pad
outside of the established Open Space (OS) and habitat buffer areas to the south.
That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that
the project design complies with the requirements of the Office (0) Zone; all required parking
lot setbacks are provided, all required building setbacks have been increased at a ratio of one
horizontal foot for every one foot of vertical construction beyond thirty-five feet; lot coverage
is well below the maximum permitted, and landscaping in excess of the zone requirements will
be provided; and development does not encroach into the existing Open Space (OS) and habitat
buffer areas to the south.
That the site for the intended development or uses is adequate in size and shape to accommodate
the use; in that all applicable code requirements have been met including parking, landscaping,
building coverage, and increased building setback requirements.
That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that landscaping is proposed to screen the
parking areas; adequate vehicle circulation has been provided to accommodate truck turning
movements; and development does not encroach into the existing Open Space (OS) and habitat
buffer areas to the south.
That the street system serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that all improvements required from the original
Kelly Corporate Center project approvals, • have been incorporated and all frontage
improvements along Palomar Airport Road and Hidden Valley Road are fully constructed and
improved. In addition, the previously approved change in land use from Planned Industrial (PI)
to Office (0) for purposes of accommodating medical office uses on this property was found not
to be significant or cause an increase in traffic that is substantial in relation to the existing traffic
load and capacity of the street system. However, at the build-out Year 2030 volumes, the
project's peak hour traffic was found to contribute to a Level of Service (LOS) E at the
intersection of Palomar Airport Road and Paseo del Norte, which is higher than the city's
requirement of LOS D or better. As such, a traffic mitigation measure was incorporated (Traffic-
1 Mitigation Measure, GPA 12-01/ZC 12-01/LCPA 12-02 -Kelly Corporate Center, City Council
Resolution No. 2013-228, dated September 13, 2013), for which this project is subject to,
requiring that the applicant pay a fair share contribution to the construction of a dedicated
right-turn lane from eastbound Palomar ·Airport Road to southbound Paseo Del Norte. In
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addition, the project will provide a Transportation Demand Management {TOM) strategy and
contribute fees toward a city wide Transportation System Management (TSM) program.
The increase in building height from 35'-0" to 43'-11 is permitted and complies with Section
21.27.050.A.3, 0 Zone Development Standards, in that the building is not more than three
stories and all setbacks have been increased bY. one foot for every foot of building height over
35 feet {i.e., 8'-11"). The increase in building height for the architectural tower feature from 45
feet to 48 feet complies with Section 21.27.050.3.b in that the architectural tower feature does
not function to provide usable floor area; does not accommodate and/or screen building
equipment; does not adversely impact adjacent properties because of the vertical and
horizontal separation that exists between land uses; and is necessary to ensure the building's
design excellence. The building maintains the minimum setbacks from Palomar Airport Road;
and the addition of the architectural tower element serves to provide vertical relief and interest
to the building elevations.
Coastal Development Permit (COP 15-43)
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That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the subject property is located in the Mello II Segment of the City's
Local Coastal Program (LCP). The policies of the Mello II LCP emphasize topics such as
preservation of agricultural and scenic resources, protection of environmentally sensitive
resources, provision of shoreline access, and prevention of geologic instability and erosion. The
proposed project is located on an existing graded development pad and is part of a previously
approved project which preserved the Encinas·Creek area and associated habitat buffer to the
south in open space. The property was designated as coastal agricultural land and has already
paid the agricultural conversion mitigation fee with the original development improvements.
All newly proposed improvements remain within the existing graded development pad with no
development proposed in the existing open space/habitat buffer areas. The project will adhere
to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program
(JURMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property is
a previously graded parcel and does not include steep slopes or native vegetation. In addition,
the site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods or liquefaction. lastly, the project does not preclude any recreational opportunities or
shoreline access as the property is not a shorefront property; and the development does not ·
obstruct views of the coastline as seen from public lands or public rights-of-way. Therefore, no
impacts to any physical features, such as scenic resources, environmentally sensitive areas, or
geologic features will occur.
: .:.
The project is consistent with the provisions of the Coastal Resource Protection Overlay 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 Urban Storm Water
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to
a~oid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation
are 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.
The project is located in the Coastal Agricultural Overlay Zone (Chapter 21.20 .of the Carlsbad
Municipal Code} according to Map X of the land Use Plan, and has already paid the Agricultural
Conversion Mitigation Fee prior to the issuance of a grading permit as required by the Coastal
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General
10.
Development Permit COP 97-25 associated with the previously approved project. No HMP Fee
is assessed.
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 fa'cts set forth in the staff report dated July
6, 2016 including, but not limited to the follow!ng: ·
a. Land Use & Community Design Policy 2-P.33-Do not permit general or medical office uses,
unless the site is re-designated through a General Plan amendment to the office or
commercial land use designation-The project is proposing a medical office use in an area
designated for Office (0) on the General Plan land Use map.
b. Land Use & Community Design. Policy 2-P.37 -Require new development located in the
Airport Influence Area (AlA) to comply with the applicable land use compatibility provisions
of the McClellan Palomar Airport Land Use Compatibility Plan (ALUCP) through review and
approval of a site development plan or other development permit. Unless otherwise
approved by City Council, development proposals must be consistent or conditionally-
consistent with applicable land use compatibility policies with respect to noise, safety,
airspace protection, and overflight notification, as contained in the ALUCP-The proposed
project falls within the boundari~s of the Mc:Ciella.n-Palomar Airport land Use Compatibility
Plan (ALUCP); more specifically, the project site is contained within Safety Zones 4 and 6.
The ALUCP identifies office and medical uses within Safety Zone 6 as "compatible" and
within Safety Zone 4 as "conditionally compatible" with airport uses provided that the
people per acre is limited to 130 people. This proposed project complies with the safety
criteria of usage intensity of the ALUCP since the calculated People/ Acre (63} is less than
the Allowed People/Acre (130}. Where the southern portion of the building is located in
Safety Zone 6, there are no intensity restrictions. As it relates to airspace protection, a
"Determination of No Hazard to Air Navigation" from the FAA has been provided showing
that the 48-foot-tall building does not exceed obstruction standards and would not
constitute a hazard to air navigation. Although this project is within the Airport Overflight
Notification Area, it is non-residential development, and therefore, the recordation of an
overflight notification is not required. However, a notice concerning aircraft environmental
impacts has been recorded against the property on July 20, 2000 as a condition of the prior
project's approval. For land use compatibility with respect to noise, please see Noise Policy
5-P.l2 below.
c. Mobility Policy 3-P.5 -Require developers to construct or pay their fair share toward
improvements for all travel modes consistent with the Mobility Element, Growth
Management Plan, and specific impacts associated with their development-The project does
not require additional improvements to the existing street system in that the project
frontage along Palomar Airport Road and Hidden Valley Road are fully constructed and
improved. However, existing traffic mitigation measures (Traffic-1 Mitigation Measure,
GPA 12-01/ZC 12-01/lCPA 12-02-Kelly Corporate Center, City Council Resolution No. 2013-
228, dated September 13, 2013), for which this project is subject to, requires the applicant
to pay a fair share contribution to the construction of a dedicated right-turn lane from
eastbound Palomar Airport Road to southbound Paseo Del Norte to the satisfaction of the
City Engineer.
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d. Mobility Policy 3-P.11-Require new development that adds vehicle traffic to street facilities
that are exempt from the vehicle LOS standard to implement a) transportation demand
management strategies that reduce the reliance on single-occupant automobiles and assist in
achieving the city's livable streets vision; and b) transportation system strategies that improve
traffic signal coordination and improve transit services-The project will add vehicle traffic
to Palomar Airport Road in an area which has been identified as an exempt street facility in
the General Plan. Accordingly, the project is conditioned to provide a Transportation
Demand Management (TOM) strategy and contribute fees toward a city wide
Transportation System Management (TSM} program.
e. Open Space, Conservation and Recreation Goal 4-G.3 -Protect environmentally sensitive
lands, wildlife habitats, and· rare, threatened or endangered plant and animal communities-
The original project, for which this is a part, established an Open Space (OS} Land Use and
Zoning designation over the southern half of the property and established a 50-foot-wide
buffer from Encinas Creek. No development is proposed within the OS or buffer area. The
project site is previously graded and devoid of sensitive habitat.
f. Noise Policy 5-P.12 --Use the noise policies in the McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP) to determine acceptability of a land use within the airport's
influence area (AlA) as depicted in the ALUCP-Noise compatibility is evaluated pursuant to
the policies and noise contours as set forth in the ALUCP, Section 3.3 Noise Compatibility
Policies for McClellan-Palomar Airport. The proposed building is located within two Noise
Exposure Ranges: 60-65 dB CNEL and 65-70 dB CNEL pursuant to Exhibit 111-1 of the
ALUCP. The land use category for this site, for purposes of determining noise impacts,
includes "office buildings and medical clinics." For the area of the project that is exposed
to 60 -65 dB CNEL, no special noise mitigation is required. For that portion of the site
exposed to 65-70 dB CNEL, interior noise levels are required to be attenuated to 50 dB
CNEL. Standard construction methods typically achieve an interior noise level of 50 dB
CNEL. The project is conditioned to submit an acoustical study prior to issuance of a building
permit to ensure a 50 dBA CNEL interior noise level is achieved consistent with the
McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP).
g. Public Safety Policy 6-P.34-Enforce the Uniform Building and Fire codes, adopted by the City,
to provide fire protection standards for all existing and proposed structures -The project
requires building permit approval. The building permit review process requires submittal
of construction drawings for review and compliance with the Uniform Building and Fire
codes.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 5 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other ·recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The Public Facility fee is required to be paid by Council Policy No.17 and will be collected prior
to the issuance of building permit.
b. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code
Section 21,90.050 and will be collected prior. to. issuance of building permit.
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c. A growth management park fee of $0.40 per square foot of non-residential development
will be collected at the time of building permit issuance. This fee will be used to construct
recreational facilities to offset demand_ created by employees within Local Facilities
Management Zone 5,
The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability o.f public facilities and will mitigate any cumulative
impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 5.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50}.
15. The City Planner has determined:
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-a. that the proposed project is a project for which a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program was previously adopted (GPA 12-01/ZC 12-
01/LCPA 12-02 -Kelly Corporate Center, City Council Resolution No. 2013-228, dated
September 13, 2013);
b. that this subsequent project is consistent with that project cited above;
c. that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
was adopted in connection with the prior project;
d. that the project has no new significant environmental effect not analyzed as significant in the
adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program;
e. that none of the circumstances requiring further environmental compliance under CEQA
Guidelines Sections 15162 or 15163 exist; and
__ f._tbat_aiUeasiblemitigation_measures_identifiedJn_the_adoptedMitigatedJ\,Legative_Declaration ______ _
and Mitigation Monitoring and Reporting Program, which are appropriate to this subsequent
project, will be incorporated.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, !n this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
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
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according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, orfurther
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the Ci,ty's approval of this Minor Site Development Plan
and Coastal Development Permit. ·
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifiCations to the Minor Site Development Pian and Coastal Development Permit documents,
as necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined ·to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
Developer.shall implement, or cause the implementation of the KELLY CORPORATE CENTER-GPA
12-01/ZC 12-01/LCPA 12-01 Project Mitigation Monitoring and Reporting Program (City Council
Resolution No. 2013-228, dated September 13, 2013).
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,
fr9m (a) City's approval and issuance of this Minor Site Development Pian and Coastal
Development Permit, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities ·arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the City's approval is not validated.
Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required as part
of the. Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits, including but not limited to th.e following:
a. A growth management park fee of $0.40 per square foot of non-residential development
will be collected at the time of building permit issuance. This fee will be used to construct
recreational facilities to offset demand created by employees within Local Facilities
Management Zone 5.
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9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approvaL
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
5, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
. the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
11 · property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
12 that the City of Carlsbad has issued a Minor Site Development Plan and Coastal Development
Permit by Resolution No. 7178 on the property. Said Notice of Restriction shall note the property
13 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
14 City Planner 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.
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Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
i::heck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be ofsimi.lar colors and/or materials to the project to the satisfaction of the City Planner.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction of the City Planner.
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The llroposed medical office building shall be noise attenuated to an interior level of 50 decibels
CNEL based on an acoustical study submitted along with building plans. Concurrent with the
submittal of building plans, the applicant shall submit an acoustical study documenting what
construction materials or measures must be utilized to meet required interior noise levels. A
letter signed by the acoustical engineer and the project architect which contains the architects
registration stamp and certifies that the recommel)dations of the acoustical study have been
incorporated into the building plans shall be submitted and approved by the City Planner prior
to building permit issuance.
Prior to building permit issuance, Developer shall submit and obtain City Planner approval of an
exterior lighting plan including parking areas. All lighting.shall be designed to reflect downward
and avoid any impacts on adjacent homes or property. The maximum height of all light fixtures
shall not exceed 30 feet.
No roof equipment shall be allowed except for vents and make-up air units necessary to comply
with the requirements of the uniform codes (building, plumbing, electrical and fire). Skylights
are also permitted. Necessary roof vents and make-up air units shall be painted to match the
roof surface.
The project shall provide 1,145 square feet of interior employee eating area at the first tenant
improvement to the satisfaction of the City Planner.
13 Engineering:
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Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineerfor the proposed
haul route.
This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the site plan
and conceptual grading plan, preliminary utility plan reflecting the conditions approved by the
final decision making body. The reproducible shall be submitted to the city planner, reviewed and,
if acceptable, signed by the city's project engineer and project planner prior to submittal of the
building plans, or grading plans, whichever occurs first.
Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
27. Prior to issuance at any permits, the developer shall submit and attain approval from the city
engineer a Transportation Demand Management (TDM) Plan as the project is subject to
transportation demand management strategies that reduce the reliance on single-occupant
automobiles and assist in achieving the city's livable streets vision. The plan shall include
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implementation approaches and timelines. Developer shall cause property owner to submit an
executed copy t6 the city engineer for recordation a city standard Transportation Demand
Management Implementation Agreement.
All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary
during discretionary review and are subject to additional review and modification during final
design.
Fees/ Agreements
29.
30.
31.
32.
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.
Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Prior to issuance of any permits, the developer shall enter into an agreement with the city to pay
the city's Transportation System Management Program and Transportation Demand
Management Program fees established as a result of the forthcoming Traffic Impact Fee
Update. The form and content of said agreement shall be to the satisfaction of the city engineer
and city attorney.
Grading
33.
34.
35.
36.
Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading plan
review and permit fees per the city's latest fee schedule.
Developer shall comply with the city's stormwater regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited
to pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices.or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum
extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall
submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER
3 SWPPP shall comply with current requirements and provisions established by the San Diego
Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
identify and incorporate measures to reduce storm water pollutant runoff during construction of
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37.
38.
the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan
review and inspection fees per the city's latest fee schedule.
This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, applicable hydromodification measures, and Low Impact Design {LID) facilities.
Dedications/Improvements
39.
40.
41.
42.
43.
44.
Developer shall design all proposed public improvements including but not limited to, driveway,
pedestrian ramps, sidewalk, water services/meters, etc. as shown on the site plan. These
improvements shall be shown on one ofthe following, subject to city engineer approval:
a. Grading plans processed in conjunction with this project; or
b. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
Developer shall pay a proportional fair share contribution towards the construction of a
dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte
to the satisfaction of the City Engineer.
Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12'' diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
Developer shall design the on-site fire service, as shown on the site plan, to the satisfaction of the
Fire Marshal.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
Developer shall design, and obtain approval from the city engineer, the structural section for the
access ·aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area. Prior to completion of grading, the final structural pavement design of
the access aisles shall be submitted together with required R-value soil test information subject
to the reviE;w and approval of the city engineer.
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Utilities
45.
46.
47.
48.
49.
50.
Developer shall meet with the fire marshal to determine fire protection measures (fire services,
fire flows, fire hydrants and building sprinklers) required to serve the project.
Developer shall design and agree to construct public facilities within 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 maintenance, access and/or joint utility
purposes.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
The developer shall agree to 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.
Code Reminders:
51.
52.
53.
54.
55.
56.
57.
Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 5 as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
Premise .identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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58. Any signs proposed for this development shall at a minimum be designed in conformance with
the City's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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 ofthese 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July 6, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, and Siekmann
None
Commissioner Segall
None
~~r/v4W
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST: ~~
DON NEU
City Planner
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