Loading...
HomeMy WebLinkAbout2009-08-11; City Council; 19935; La Costa Town SquareCITY OF CARLSBAD - AGENDA BILL ^^^/-*v AB# 19,935 MTG- 08/11/09 DEPT. PLN LA COSTA TOWN SQUARE - EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01-03/PUD 08-09/HDP 01- 05/SDP 01-04/V 08-02/CUP 04-18/CUP 08- 01 /CUP 08-02/CUP 08-03/CUP 08-04/CUP 08- 05/CUP 08-06/CUP 08-07 DEPT. HEAD CITY ATTY. CITY MGR. w#<&> b/— RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. CS-051 APPROVING Master Plan Amendment 149(R), and ADOPT Resolution No. 2009-213 CERTIFYING the Environmental Impact Report EIR 01-02, and ADOPTING the Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and APPROVING a General Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development Permit, Hillside Development Permit, Site Development Plan, Variance and eight Conditional Use Permits as recommended for approval by the Planning Commission. ITEM EXPLANATION: On July 1, 2009 and July 15, 2009, the Planning Commission conducted public hearings for the La Costa Town Square project. The Planning Commission voted 6-0 (Dominguez abstaining) to recommend certification of the Environmental Impact Report (EIR 01-02) and adoption of the Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and approval of the La Costa Master Plan Amendment (MP 149(R), Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development Permit, Hillside Development Permit, Site Development Plan, Variance and eight Conditional Use Permits. The following table lists the decision-making authority for each of the project applications. PROJECT APPLICATION(S) Environmental Review (Environmental Impact Report) GPA01-02 MP 149(R) LFMP 87-11 (C) HDP 01 -05 CT 01-09 (Comm) CT 08-03 (Res) CT 08-07 (Office) ADMINISTRATIVE APPROVALS PLANNING COMMISSION RA RA RA RA RA RA RA RA CITY COUNCIL X X X X X X X X DEPARTMENT CONTACT: Van Lynch 760-602-4613 van.lvnch@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED nnnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES tfS-IS-Cflnnn Page 2 PROJECT APPLICATION(S) PUD 08-09 (Comm) CP 01 -03 (Office) SDP 01 -03 (Office) SDP01-04(Comm) V 08-02 MS 04-08 Various CUPs ADMINISTRATIVE APPROVALS X PLANNING COMMISSION RA RA X RA RA RA CITY COUNCIL X X X X X RA = Recommended Approval X = Final City decision -making authority The project site is located in the southeast quadrant of the city within Local Facilities Management Zone 11. The La Costa Town Square project encompasses 83.07 acres located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection. The project involves the construction and operation of a mixed-use center that includes a 284,400- square-foot community shopping center, two office buildings totaling approximately 55,000 square feet, 64 single-family detached residential units, and a multifamily residential site with up to 128 dwelling units, which will require the approval of subsequent discretionary permits. Seventeen speakers addressed the Planning Commission both in favor and against the project. Public testimony was closed at the first hearing. Issues were raised related to traffic, water availability, grading, project lighting, and land use compatibility with the Residential High Density designated site. City staff, consultants and the project applicant responded to the public comments at each of the hearings. A full record of the comments and responses to questions and the comments from the public can be found in the Planning Commission minutes dated July 1, 2009 and July 15, 2009, in addition to the Response to Comments found in the EIR dated July 2009. FISCAL IMPACT: All required improvements needed to serve this project will be funded by the Developer. A report entitled "La Costa Town Square, Carlsbad, Economic Impact and Urban Decay Analysis," dated October 8, 2008 and addendum, February 10, 2009 evaluates the revenue generated by the project. The report was previously distributed and copies are on file (EIR appendices) in the Planning Department and at both City Libraries. ENVIRONMENTAL IMPACT: An Environmental Impact Report (EIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project including ultimate buildout of the entire project. On March 27, 2009, the Draft EIR was published and the City notified the Public via mailings and newspaper publications, interested parties, Responsible and Trustee Agencies, as well as other interested agencies. The "Notice of Completion" commenced an initial 45 day public review and comment period initially expiring May 11, 2009 and extended to May 29, 2009. A z Page 3 joint letter from California Department of Fish and Game and the U.S. Fish and Wildlife Service was received and accepted on June 3, 2009. The "Notice of Completion" advised that the Draft EIR was available for review at four locations: the City of Carlsbad Planning Department; the City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Public Library. Complete copies were also available for purchase, with or without the Appendices, through the Planning Department. The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance with the exception of Traffic/Circulation, air quality (cumulative), and short term noise impacts which would be considered cumulatively significant and unmitigable. Direct impacts, also referred to as primary effects, are those caused by the project and that occur at the same time and place. In contrast, cumulative impacts refer to two or more individual impacts that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact of several projects is the change in the environment that results from the incremental impact of the project when added to other, closely related past, present, or reasonably foreseeable, probable future projects. The cumulative impacts all arise from the marginal contribution the proposed project will make, when combined with the impacts from existing and other future projects, to pre-existing conditions that fail to meet applicable standards currently. Under CEQA, before a project which is determined to have significant, unmitigated environmental effects can be approved, the public agency must consider and adopt a "statement of overriding considerations" pursuant to CEQA Guidelines 15043 and 15093. As the primary purpose of CEQA is to fully inform the decision makers and the public as to the environmental effects of a proposed project and to include feasible mitigation measures and alternatives to reduce any such adverse effects below a level of significance, CEQA nonetheless recognizes and authorizes the approval of projects where not all adverse impacts can be fully lessened or avoided. However, the agency must explain and justify its conclusion to approve such a project through the statement of overriding considerations setting forth the Proposed Project's general social, economic, policy or other public benefits which support the agency's informed conclusion to approve the project. The CEQA Findings of Fact and Statement of Overriding Considerations are attached to Planning Commission Resolution No. 6577 for the EIR. EXHIBITS: 1. City Council Ordinance No. CS-051 2. City Council Resolution No. 2009-213 3. Location Map 4. Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 (On File Clerks 5. Planning Commission Staff Report, dated July 1, 2009 and July 15, 2009 (without office) resolutions) (On File Clerk's Office) 6. Planning Commission Minutes, dated July 1, 2009 and July 15, 2009 (On File clerk's Office) 7. Final EIR for the La Costa Town Square, dated July 1, 2009 (previously distributed; copy on file in the Planning Department) 8. La Costa Master Plan (previously distributed; copy on file in the Planning Department) 9. Zone 11 Local Facilities Management Plan and constraints exhibit, July 1, 2009 (previously distributed; copy on file in the Planning Department). "6 EXHIBIT 1 I 1 ORDINANCE NO. CS-051 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE LA COSTA MASTER PLAN TO CHANGE THE LAND USE 4 AND UNDERLYING ZONING FROM LOCAL SHOPPING CENTER AND OFFICE TO RESIDENTIAL HIGH DENSITY AND 5 OPEN SPACE ON 9.96 ACRES OF LAND, REDUCE THE ACREAGE OF OFFICE USE REQUIRED, REDISTRIBUTE 6 LOCAL SHOPPING CENTER, OFFICE, RESIDENTIAL LOW- MEDIUM LAND, AND OPEN SPACE USES TO REFLECT THE 7 PROJECT DESIGN, ASSOCIATED TEXT CHANGES, AND DELETION OF BUILDING HEIGHT AND SIGN PROVISIONS TO 8 THE LA COSTA MASTER PLAN GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA AVENUE 9 AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES 1U MANAGEMENT ZONE 11. ,, CASE NAME: LA COSTA TOWN SQUARE CASE NO.: MP 149(R) 12 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed 13 and considered a Master Plan to guide the development of Commercial, Office and Residential 14 development for properties located within the La Costa Master Plan area so that they can be 15 regulated by proposed Master Plan 149(R), and 16 WHEREAS, the City Council did on the day of 2009, hold a duly noticed public hearing as prescribed by law to consider said request; and lo WHEREAS, said application constitutes a request for a Master Plan Amendment 20 consistent with Chapter 21.38 of the Municipal Code as shown on Exhibit "MP 149(R)," 21 incorporated herein by reference. 22 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does 23 ordain as follows: 24 SECTION I: That Master Plan MP 149(R), on file in the Planning Department, and incorporated herein by reference, is adopted. The La Costa Master Plan (MP 149(R)) shall constitute the development plan for the property and all development within the plan area shall 27 conform to the plan. 28 /// SECTION II: That the findings and conditions of the Planning Commission in 2 Planning Commission Resolution No. 6579 shall also constitute the findings and conditions of the City Council. 4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 5 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 6 published at least once in a publication of general circulation in the City of Carlsbad within 7 fifteen days after its adoption.8 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2009, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of 12 Carlsbad on the day of 2009, by the following vote, to wit: 13 AYES: 14 NOES: 15 ABSENT: 16 ABSTAIN: 17 18 APPROVED AS TO FORM AND LEGALITY 19 20 RONALD R. BALL, City Attorney 21 " 22 23 CLAUDE A. LEWIS, Mayor 24 „ ATTEST: 25 26 2? LORRAINE M. WOOD, City Clerk 28 -2- EXHIBIT 2 1 RESOLUTION NO. 2009-213 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT 01-02, ADOPTING THE CANDIDATE 4 FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND 5 REPORTING PROGRAM, AND APPROVING A GENERAL PLAN AMENDMENT (GPA 01-02) TO AMEND THE LAND USE AND 6 OPEN SPACE AND CONSERVATION ELEMENTS OF THE GENERAL PLAN, A LOCAL FACILITIES MANAGEMENT PLAN 7 AMENDMENT 87-11(C), CARLSBAD TRACT MAP 01-09, CARLSBAD TRACT MAP 08-03, CARLSBAD TRACT MAP 08-07, 8 CONDOMINIUM PERMIT 01-03, NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT 08-09, HILLSIDE DEVELOPMENT 9 PERMIT 01-05, SITE DEVELOPMENT PLAN 01-04, VARIANCE in 08-02, CONDITIONAL USE PERMIT 04-18, CONDITIONAL USE 1U PERMIT 08-01, CONDITIONAL USE PERMIT 08-02, 11 CONDITIONAL USE PERMIT 08-03, CONDITIONAL USE PERMIT 08-04, CONDITIONAL USE PERMIT 08-05, 12 CONDITIONAL USE PERMIT 08-06, AND CONDITIONAL USE PERMIT 08-07 FOR THE LA COSTA TOWN SQUARE PROJECT 13 GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD 14 INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. 15 CASE NAME: LA COSTA TOWN SQUARE CASE NO.: EIR 01-02/GPA 01-02/LFMP 87-11(C)/CT 01- 16 09/CT 08-03/CT 08-07/CP 01-03/PUD 08- 09/HDP 01-05/SDP 01-04/V 08-02/CUP 04- 17 18/CUP 08-01/CUP 08-02/CUP 08- 10 03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07 lo , n The City Council of the City of Carlsbad, California does hereby resolve as follows: 20 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission 21 did, on July 1, 2009 and July 15, 2009, hold duly noticed public hearings as prescribed by law to 22 consider a proposed Environmental Impact Report EIR 01-02, General Plan Amendment 01-02, 23 Local Facilities Management Plan Amendment 87-11(C), Carlsbad Tract Map 01-09, Carlsbad 24 Tract Map 08-03, Carlsbad Tract Map 08-07, Condominium Permit 01-03, Non-Residential 25 Planned Development Permit 08-09, Hillside Development Permit 01-05, Site Development Plan 26 01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01, 91 Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-04, 28 Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07; and adopted Planning Commission Resolutions Number 6577, 6578, 6580, 6581, 6582, 6583,(o 1 6584, 6585, 6586, 6588, 6589, 6590, 6591, 6595, 6593, 6594, 6595, 6596, and 6597 2 recommending approval of EIR 01-02, GPA 01-02, LFMP 87-11(0), CT 01-09, CT 08-03, CT 08-07, CP 01-03, PUD 08-09, HDP 01-05, SDP 01-03, SDP 01-04, V 08-02, CUP 04-18, CUP 4 08-01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07 5 respectively; and 6 WHEREAS, the City Council of the City of Carlsbad, on the day of , 7 2009, hold a duly noticed public hearing to consider the recommendation and heard all persons8 interested in or opposed to the EIR 01-02, GPA 01-02, LFMP 87-11(0), CT 01-09, CT 08-03, 1Q CT 08-07, CP 01-03, PUD 08-09, HDP 01-05, SDP 01-03, SDP 01-04, V 08-02, CUP 04-18, !i CUP 08-01, CUP 08-02, CUP 08-03, CUP 08-04, CUP 08-05, CUP 08-06, and CUP 08-07; and 12 WHEREAS, an Environmental Impact Report was prepared and submitted to the State 13 Clearing House and a Notice of Completion filed, published, and mailed to responsible agencies 14 and interested parties providing a 45 day review period. All comments received from that 15 review period are contained in the Final program EIR as well as the response to comments. 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 17 California, as follows: 18 1. That the above recitations are true and correct. 19 2. That the Environmental Impact Report (EIR 01-02) for the La Costa Town Square 20 project is certified and that the Candidate Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program are adopted and that the 21 findings and conditions of the Planning Commission contained in Planning Commission Resolution Number 6577, on file with the City Clerk and incorporated herein by reference, are 22 the findings and conditions of the City Council. 23 3. That the recommendation of the Planning Commission for the approval of the General Plan Amendment 01-02, Local Facilities Management Plan Amendment 87-11(C), 24 Carlsbad Tract 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract 08-07, Condominium Permit 01-03, Non-Residential Planned Development Permit 01-04, Hillside Development Permit 01- 05, Site Development Plan 01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional 26 Use Permit 08-01, Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional 27 Use Permit 08-07 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6578, 6580, 6581, 6582, 6583, 6584, 6585, 28 6586, 6588, 6589, 6590, 6591, 6595, 6593, 6594, 6595, 6596, and 6597 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. -2- 4. That the project site by itself will provide the normal range of goods and services 2 to meet the everyday needs of the local neighborhood in keeping with the intent and purpose of the Local Shopping Center Zone (C-L) and the Local Shopping Center General Plan Land Use 3 designation. 4 5. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" 5 shall apply: 6 "NOTICE TO APPLICANT" 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 made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an 11 amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is 12 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 13 of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of 14 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008." 15 /// 16 /// 17 /// 18 /// 19 20 21 22 23 24 "' 25 '" 26 27 "' 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 2 City of Carlsbad on the day of , 2009, by the following vote: 3 " 4 AYES: 5 NOES: 6 ABSENT: 7" 8 9 10 CLAUDE A LEWIS, Mayor 11 12 ATTEST: 13 14 LORRAINE M. WOOD, City Clerk 15 (SEAL) 16 " 17 18 19 20 21 22 23 24 25 26 27 28 -4- EXHIBIT 3 NOT TO SCALE SITEMAP La Costa Town Square EIR 01-02 / GPA 01-02 / MP 149(R) / LFMP 87-11(C) / CT 01-09 / CT 08-03 / CT 08-07 / CP 01-03 / PUD 08-09 / HDP 01-05 / SDP 01-04 / V 08-02 / CUP 04-18 / CUP 08-01 / CUP 08-02 / CUP 08-03 / CUP 08-04 / CUP 08-05 / CUP 08-06 / CUP 08-07 )Q EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6577 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF A PROJECT ENVIRONMENTAL 4 IMPACT REPORT, EIR 01-02, FOR LA COSTA TOWN SQUARE, AND RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF FACT, A STATEMENT OF 6 OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE 7 DEVELOPMENT OF A 83.07 ACRE SITE WITH A 284,400 SQUARE FOOT COMMUNITY SHOPPING CENTER, 55,000 8 SQUARE FOOT OFFICE PROJECT, 64 SINGLE FAMILY LOT a SUBDIVISION, AND A MULTI-FAMILY RESIDENTIAL SITE ALL LOCATED NORTHERLY AND EASTERLY OF THE LA 10 COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE 11 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE 12 CASE NO.: EIR 01-02 13 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 14 verified application with the City of Carlsbad regarding property described as ,-- A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 17 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 18 Carlsbad, County of San Diego, State of California 19 ("the Property"); and 20 WHEREAS, a Project Environmental Impact Report (EIR 01-02) was 21 prepared in conjunction with said project; and 22 WHEREAS, the Planning Commission did on July 1, 2009 and July 15, 2009, £3 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 2" and arguments, examining the Project EIR, Candidate Findings of Fact, Statement of 27 Overriding Considerations, and Mitigation Monitoring and Reporting Program, analyzing 28 the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Project EIR. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct. 4 , B) That the Final Project Environmental Impact Report consists of the Final Project Environmental Impact Report, EIR 01-02, dated July 1, 2009, appendices, 5 written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses 7 thereto is hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on file in the Planning Department incorporated by this reference, and collectively referred to as 9 the "Report." 10 C) That the Environmental Impact Report, EIR 01-02, as so amended and evaluated is recommended for acceptance and certification as the final Environmental 11 Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. 13 D) That based on the evidence presented at the public hearing, the Planning 14 Commission hereby RECOMMENDS CERTIFICATION of the Environmental Impact Report, EIR 01-02; RECOMMENDS ADOPTION of the Candidate 15 Findings of Fact ("CEQA Findings"), and the Statement of Overriding , ^ Considerations ("Statement"), attached hereto marked as "Exhibit A" and incorporated by this reference; and of the Mitigation Monitoring and 17 Reporting Program ("Program"), attached hereto marked as "Exhibit B" and incorporated by this reference; based on the following findings and subject 18 to the following conditions. 1Q Findings: 20 1. The Planning Commission of the City of Carlsbad does hereby find that the Final 21 Project EIR 01-02, the Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared 22 in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 24 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered Final Project EIR 01-02, the environmental impacts therein identified for 25 this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") and the Statement of Overriding Considerations attached hereto as "Exhibit A," and the 2" Mitigation Monitoring and Reporting Program ("Program") attached hereto as "Exhibit 2? B," prior to RECOMMENDING APPROVAL of this project. 28 3. The Planning Commission finds that Final EIR 01-02 reflects the independent judgment of the City of Carlsbad Planning Commission. PC RESO NO. 6577 -2- 4. The Planning Commission does accept as its own, incorporate as if set forth in full 2 herein, and make each and every one of the findings contained in the CEQA Findings ("Exhibit A"), including feasibility of mitigation measures pursuant to Public Resources 3 Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 5. The Planning Commission hereby finds that the Program ("Exhibit B") is designed to ensure that during project implementation, the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 7 6. Although certain significant or potentially significant environmental effects caused by the project will remain, even after the adoption of all feasible mitigation measures and any feasible alternatives, there are specific economic, social and other considerations that o render the unavoidable significant adverse environmental effects acceptable, as set forth in the Statement. 10 7. The Record of Proceedings for this project consists of The Report, CEQA Findings, Statement and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the environmental consultant, and the City of Carlsbad that are before the decision makers as 13 determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the Project EIR; minutes of all public 14 meetings and public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, La Costa Master Plan, and Local 1 f Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director 17 of Planning. 18 Conditions: 19 1. All future developers shall implement the mitigation measures described in "Exhibit 20 B," the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of La Costa Town Square. 21 " 22 23 24 25 26 27 28 PC RESO NO. 6577 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONT(^PMERY, Mirperson CARLSBAD PLANNING COMMISSION ATTEST: X, DON NEU Planning Director PC RESO NO. 6577 -4- Exhibit A Candidate Findings La Costa Town Square General Plan Amendment Candidate Findings and Statement of Overriding Considerations Regarding the Final Environmental Impact Report For the La Costa Town Square Project INTRODUCTION The City of Carlsbad (City) proposes to approve the following development plans for the La Costa Town Square project: • General Plan Amendment » Master Plan Amendment • Local Facilities Management Plan Zone 11 Amendment • Master Tentative Parcel Map • Commercial, Office, and Residential Tentative Maps • Planned Development Permits • Site Development Plan • Conditional Use Permits « Hillside Development Permit • Variance • Participation in the Implementation of the Habitat Conservation Plan (HCP)/On-going Multi-Species Plan (OMSP) The project involves the construction and operation of a mixed-use center that includes an approximately 284,400-square-foot community shopping center, two office buildings totaling approximately 55,000 square feet, 64 single-family detached residential units, and a future multifamily residential site to be developed at a later date with approximately 128 condominium homes. The project site encompasses approximately 83 acres. The Draft Environmental Impact Report (Draft EIR) identified significant and unavoidable project impacts to Transportation/Circulation, Air Quality, Noise, and Global Climate Change. The California Environmental Quality Act of 1970 (CEQA) (Public Resources Code Section 21000 ef seq.) and the State CEQA Guidelines (California Administrative Code Section 15000 ef seq., as amended) provide that: [NJo public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more Candidate Findings La Costa Town Square General Plan Amendment significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant effect: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. [Public Resources Code §21081] Candidate Findings La Costa Town Square General Plan Amendment Section 1 California Environmental Quality Act Findings FINDINGS The City Council has reviewed the Draft EIR for the La Costa Town Square project, including the Appendices, comments from public agencies and individuals, and the responses to each comment that were prepared by the City Planning Department. The City Council conducted a public hearing during a regular meeting of the Council on _ 2009], which was duly noticed in accordance with City requirements for public hearings on land use matters; and received a report from the Planning Department, including the recommendations of the City Planning Commission, and received public testimony on the project and the Draft EIR. The Draft EIR identified significant effects that may occur as a result of the project. In accordance with Public Resources Code §21081 and the State CEQA Guidelines § 15091, the City Council hereby adopts these findings regarding the significant effects of the proposed project. (1) Changes or alterations have been required In, or incorporafed info, fhe project that mitigate or avoid the significant effects on the environment as identified in the Draft EIR (SCH No. 2003041159) as described below relative to Land Use and Planning, Transportation/Circulation, Paleontological Resources, Biological Resources, Hydrology/Water Quality, Geology and Soils, Hazards, Visual Aesthetics/Grading, and Public Services and Utilities. A. LAND USE AND PLANNING Less than Significant Effect A-1 The close proximity of the proposed commercial, office, and single-family residential land uses could result in onsite land use incompatibility from noise and visual impacts to the residential properties. Candidate Findings La Costa Town Square General Plan Amendment Facts in Support of Finding (1] Figure 3.0-2 of the Draft EIR shows that the proposed project would create a landscaped open space buffer to separate the commercial and office land uses from the proposed single-family residential properties. As a result, noise and any visual impacts associated with the commercial uses closest to the single- family homes would be minimal. Therefore, the proposed design of the project has incorporated measures to avoid an onsite land use impact. Less than Significant Effect A-2 Existing residential land uses are located to the northwest and south of the proposed commercial and office land uses; and existing single-family residential homes are located adjacent to the east of the proposed multifamily residential parcel. The project may be incompatible with these established offsite residential communities. Facts in Support of Finding fl) As shown in Figure 3.0-2 of the Draft EIR, the proposed commercial site would be graded to be below the elevation of Rancho Santa Fe Road. The separation provided by Rancho Santa Fe Road and the proposed lower elevation of the commercial site would avoid land use impacts to offsite residential properties located to the northwest. Existing single-family and multifamily residential land uses located to the south would be separated from the proposed commercial and office sites by La Costa Avenue, are located at lower elevations than the project site, and have walls and/or landscaped setbacks from La Costa Avenue. In addition, as shown in Figure 3.0-2 of the Draft EIR, the proposed commercial and office sites would each be limited to one driveway access from La Costa Avenue and would maintain a minimum 50-foot-wide landscaped setback to the nearest commercial or office building. The proposed department store site would be set back approximately 180 feet from La Costa Avenue. There is also an existing single-family residential development with mostly two- story residences located on the east side of the proposed multifamily residential site. The project proposes a 50-foot-wide open space buffer with landscaping and pedestrian/bicycle paths to separate the proposed multifamily residential Candidate Findings La Costa Town Square General Plan Amendment uses and existing single-family residences. The physical scale and massing of the multifamily buildings would be of greater intensity than the adjacent single- family homes and the height limit in the multifamily zone is 5 feet greater than in the single-family zone. However, the characteristics of land use activities of multifamily living are similar to and not incompatible with the land use activities of single-family living conditions. In addition, approval of the current project would establish only the allowed land use and maximum density for the multifamily parcel. Processing of a Site Development Plan or a Tract Map and Residential Planned Development Permit, would be subject to discretionary review and public hearings by the Planning Commission and City Council, at which issues of density and design would be addressed. Less than Significant Effect A-3 The proposed project would not result in an incompatibility with existing land use plans, policies, and regulations. Facts in Support of Finding (I) The existing General Plan designations would be modified to accommodate the proposed project, as follows: The existing (O), Open Space Office (OS), and Low- Medium Density Residential (RLM) designation located north of Rancho Santa Fe Road would be redesignated to Residential High Density (RH) to accommodate the proposed density of 128 future multifamily units on Parcel 1 under the proposed project; the northerly portion of proposed Parcel 2 of the proposed project would be changed from the O designation to Local Shopping Center (L), consistent with the existing L designation on the balance of Parcel 2; the existing L designation north of the intersection of Rancho Santa Fe Road and Calle Timiteo would be redesignated O over proposed Parcel 3; the existing RLM designation would be retained on Parcel 4, the proposed single-family site, and a portion of the existing L designation on Parcel 4 would be changed to RLM; and the existing OS designation would be altered to correspond to the open space proposed between parcels 2 and 4. These alterations of existing urban and open space designations would not substantially alter land use intensity in the project area and would maintain an open space corridor connecting La Costa Avenue with Rancho Santa Fe Road. Amendments to the General Plan, the La Costa Master Plan, and corresponding zoning per the LFMP would maintain consistency Candidate Findings La Costa Town Square General Plan Amendment between these City land use plans, policies, and objectives and would avoid signiticant Land Use and Planning impacts. B. TRANSPORTATION/CIRCULATION Significant Effect B-1 Traffic from the project will worsen LOS F conditions during the PM peak hour at the intersection of Rancho Santa Fe Road and San Marcos Boulevard in years 2010 and 2030. Facts in Support of Finding (J) Mitigation Measure T-1 would require that the developer pay the project's fair share contribution for improvements at the intersection of Rancho Santa Fe Road and San Marcos Boulevard in the City of San Marcos. The estimated fair share contribution is $24,840.00, which is based on 2.3% of the estimated total improvement cost of $1,080,000.00. BC. NOISE Significant Effect &C-1 The proposed project includes commercial loading docks within the retail center that may result in noise from delivery truck idling and use of fork lifts and may impact existing or proposed residences would located as close as approximately 110 feet to the nearest loading dock. Facts in Support of Finding (7) Mitigation Measure N-3 would require that minimum 12-foot-high sound walls shall be constructed by the applicant along the loading dock areas at Commercial Buildings 15, 18, and 21. Candidate Findings La Costa Town Square General Plan Amendment Significant Effect &C-2 A small outdoor gathering area is proposed to be used for events such as small summer jazz concerts and Christmas caroling. Although amplified speakers would not be used, the outdoor activities could be annoying to some residents during the nighttime hours. Facts in Support of Finding (1) Mitigation Measure N-4 would require that the outdoor gathering area not be used for events between the hours of 10:00 p.m. to 7:00 a.m. Significant Effect &C-3 Heating and air conditioning equipment mounted on roofs or at the ground level of the commercial buildings may generate noise levels of approximately 45 to 55 dB at a distance of 50 feet. Existing and proposed residential units nearest to the commercial buildings could be impacted by noise from this heating and air conditioning equipment. Facts In Support of Finding (1) Mitigation Measure N-5 would require that when mechanical equipment plans are prepared, the plans shall be evaluated for the buildings on Commercial Pads 15 through 18 and 21 to ensure that outdoor mechanical equipment noise would not exceed 60 dB CNEL at the proposed adjacent residences. Significant Effect &C-4 Traffic volumes on Rancho Santa Fe Road may generate noise exceeding the City's threshold for residential use of 60 dB CNEL at the rear lot lines of the project's proposed single-family residential area. Facts in Support of Finding (1) Mitigation Measure N-6 would require that a 5- to 8-foot-high noise barrier shall be constructed by the developer at the top of the slope along a portion of t) Candidate Findings La Costa Town Square General Plan Amendment Rancho Santa Fe Road. The materials used in the construction of the barrier are required to have a minimum surface density of 3.5 pounds per-square-foot and may consist of earthen berms, masonry material, tempered glass, or a combination of these materials. The barrier shall not have any openings or cracks. An interior noise study will also be required for second-story units on Lots 34 through 48. GD. PALEONTOLOGICAL RESOURCES Significant Effect GD-1 Based on the proven paleontological resource value of the Eocene-age sedimentary rocks (undifferentiated Friars formations), the mass excavation of the commercial portion of the project site has the potential to impact paleontoiogical resources. Facts in Support of Finding (1) Mitigation Measure P-l would require that the developer comply with all recommendations stated in the Paleontological Resource Assessment prepared for the project site by providing monitoring during grading of the site and with the authority to halt grading to recover fossils. In addition to salvage, Mitigation Measure P-l would require cleaning and cataloging of the recovered fossils and donation to a scientific institution with a permanent paleontological collection. These requirements to salvage paleontological resources from the project site would reduce any project impacts to a level less than significant. DE. BIOLOGICAL RESOURCES Significant Effect PE-1 Implementation of the proposed project would occur within an area designated for development and is allowed to result in 100 percent impact to biological resources in accordance with guidelines set forth in the HCP/OMSP. Accordingly, the project would cause the onsite removal of all sensitive vegetation communities consisting of approximately 17.4 acres of Diegan coastal sage scrub and disturbed coastal sage scrub, 5.6 acres of native grassland, 27.3 acres of nonnative grassland, 0.2 acre of riparian scrub, and 0.3 8 nn Candidate Findings La Costa Town Square General Plan Amendment acre of disturbed wetland. Facts in Support of Finding (1) Mitigation Measure B-l requires salvage of onsite sensitive plant species within the sensitive vegetation communities. Bulbs of these sensitive plant species, which consist of thread-leaved brodiaea and Orcutt's brodiaea, and the potential presence of San Diego thornmint, would be relocated from the site to suitable habitat in an offsite open space preserve in accordance with an open space acquisition and restoration plan, which shall include a 5-year maintenance and monitoring program to ensure survival. These requirements, together with implementation of the HCP/OMSP would reduce potential impacts to sensitive vegetation communities to a level of less than significant. Significant Effect DE-2 Sensitive plant species that would be impacted by the proposed development are thread-leaved brodiaea and Orcutt's brodiaea; and San Diego thornmint would be potentially impacted. Impacts to the following sensitive or noteworthy plant species would also be considered significant: California adolphia, southwestern spiny rush, Palmer's grappling hook, western dichondra, and small- flowered microseris. Facts in Support of Finding (1) The impact associated with thread-leaved brodiaea and Orcutt's brodiaea, and potentially San Diego thornmint, would be partially mitigated by the open space dedication of the Rancheros/Squtheast II component of the HCP/OMSP for Properties in the Southeast Quadrant of the City of Carlsbad. Mitigation Measure B-l for onsite occurrence of sensitive plant species would require relocation of bulbs from the site to suitable habitat in an open space preserve in accordance with an open space acquisition and restoration plan, which shall include a 5-year maintenance and monitoring program to ensure survival. The impacts to other sensitive species listed in Table 5.6-2 of the Draft EIR with a potential to occur onsite would be considered significant but are mitigated under the HCP/OMSP. The requirements of Mitigation Measure B-1 would further Candidate Findings La Costa Town Square General Plan Amendment reduce potential impacts to sensitive plant species to a level of less than significant. Significant Effect &E-3 The following eight sensitive wildlife species are expected to be indirectly impacted by development of the project site: coastal California gnatcatcher, white-tailed kite, yellow-breasted chat, California horned lark, loggerhead shrike, southern California rufous-crowned sparrow, western spadefoot, and Belding's orange-throated whiptail. Cooper's hawks or other native or migratory raptors may also nest within the project site. Facts in Support of Finding (7) These wildlife species are included in the list of covered species under the HCP/OMSP and the project impact would be partially mitigated by the open space dedication of the Rancheros/Southeast II component of the HCP/OMSP. Implementation of Mitigation Measure B-2 would provide additional mitigation by prohibiting clearing and grading operations during the period of January 15 to July 31 unless a preconstruction survey by a qualified-biologist determines that no active nests are present. Impacts to other potentially occurring sensitive species listed in Table 5.6-3 of the Draft EIR are mitigated under the HCP/OMSP. In addition, removal of any trees occupied by an active raptor nest must be avoided until after the nesting season (July 15). A 200-foot buffer surrounding any active raptor nest shall also be established where no clearing activities shall be allowed until the nesting season is completed. These requirements would reduce potential impacts to sensitive wildlife species to a level of less than significant. Significant Effect OE-4 Development of the project site would remove all identified onsite jurisdictional water and wetlands, a total of 0.59 acre as shown in Table 5.6-6 of the Draft EIR. This impact is not covered by the HCP/OMSP and will require additional mitigation. 10 Candidate Findings La Costa Town Square General Plan Amendment Facts in Support of Finding (1) Implementation of Mitigation Measure B-3 would require mitigation at a 1:1 ratio for impacts to 0.23 acre of ephemeral drainages and 0.15 acre of a man-made water quality basin; and mitigation at a 3:1 ratio for impacts to 0.21 acre of riparian habitat/wetland. The mitigation is required to be accomplished by creation and restoration/enhancement actions through preparation and implementation of a restoration plan or by contribution to an approved mitigation bank. Accomplishment of the required mitigation measure is required prior to the issuance of a grading permit or any disturbance to onsite jurisdictional water and wetlands. These requirements would reduce potential impacts to jurisdictional water and wetlands to a level of less than significant. Significant Effect QE-5 The indirect effects from establishment of urban uses in the northeast portion of the project site may indirectly impact biological resources within a portion of the HCP/OMSP preserve area located to the east of the project site as shown in Figure 5.6-4 of the Draft EIR. These indirect impacts would include increased human activity, increased ambient noise, higher unnatural nighttime light levels, increased threat of road kill by traffic, spread of invasive plant species into surrounding areas, and increased levels of scavengers attracted by trash on the project site. Facts in Support of Finding (1) Implementation of Mitigation Measure B-4 would require control of trash during construction, which, if not controlled, could attract scavengers that prey on sensitive wildlife. Mitigation Measure B-5 would require that the developer provide all homebuyers with a list of invasive plant species that shall not be used in landscaping and that shall be identified in the Covenants, Conditions, and Restrictions (CC&Rs) of the homeowners association as plants to be prohibited in landscaping. Mitigation Measure B-6 would require development of a public information program in cooperation with the City to provide a brochure for distribution to homeowners and the homeowners associations that describes the natural resources and prohibited activities within the HCP/OMSP conserved habitat; and landscaping and fuel break planting brochure for homeowners 11 Candidate Findings La Costa Town Square General Plan Amendment and homeowner associations adjacent to conserved habitat. These mitigation measures will reduce the indirect impacts to biological resources to a level of less than significant. IF. HYDROLOGY/WATER QUALITY Significant Effect iF-1 The use of these water trucks for dust suppression during grading for the proposed project increases the potential for silt to exit the project site and enter the Encinitas Creek watershed. Increased erosion may also occur from construction activities that modify or fill and reroute existing drainage patterns. Therefore, the proposed project has the potential to result in significant adverse impacts related to erosion and siltation and to contribute to the increased impairment of Encinitas Creek, a California Section 303(d)-listed waterbody. Facts in Support of Finding H) Mitigation Measures WQ-1 and WQ-2 will require that a Storm Water Pollution Prevention Program (SWPPP) be approved by the City Engineering Department prior to issuance of a grading permit for the project. The SWPPP will be required to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), General Construction Stormwater Permit (Order No. 99-08, National Pollutant Discharge Elimination System [NPDES] CAS000002), and the General Municipal Stormwater Permit (Order No. R9-2007-0001, NPDES CAS0108758). Implementation of these mitigation measures will reduce the potential impacts from erosion and siltation contributing to increased impairment of Encinitas Creek, to a level of less than significant. Significant Effect iF-2 Construction and post-construction conditions of the project site would have the potential to produce the following pollutants: sediments, nutrients, metals, organic compounds, trash and debris, oxygen demanding substances, oil and grease, bacteria and viruses, and pesticides. These pollutants potentially generated on the project site may adversely affect water quality. 12 Candidate Findings _ La Costa Town Square General Plan Amendment Facts in Support of Finding H) The proposed project has prepared a Storm Water Management Plan (SWMP) that detines in detail the post-construction best management practices (BMPs) to be implemented for the proposed project. The SWMP provides all information as required by the City of Carlsbad SUSMP and incorporates the current BMPs using Best Available Technologies/Best Conventional Technologies (BAT/BCT) available at this time for pollution and erosion/sediment control, as referenced in the California Storm Wafer Besf Managemenf Practices Handbook for Construction, New Development and Redevelopment. As stated above and in accordance with Mitigation Measures WQ-1 and WQ-2, the proposed project will comply with all requirements of State Water Resource Control Board (SWRCB) Order No. R9-2007-0001 (NPDES Permit No. CAS01 08758), Order 99-08 (General Construction Permit CAS000002), and any other applicable NPDES order. In accordance with such permits, a SWPPP and a Monitoring Program Plan shall be developed prior to issuance of grading permits, and an NOI shall be filed with the SWRCB, meeting all regulatory standards. In addition, Mitigation Measure WQ-3 would require all sales or leases to include, through CC&Rs, language to enforce proper removal of toxic and hazardous waste products, agreements not to discharge toxic chemicals or fluids into any street or storm drain system, adherence to all laws for use of chemical landscaping treatments, and BMPs to reduce surface pollutants. Implementation of Mitigation Measures WQ-1 , WQ-2, WQ-3, and the specific requirements described above, reduces the potential for water quality impact from the project to a level of less than significant. GEOLOGY AND SOILS Significant Effect EG-1 The project site is located in a seismically active region and contains potentially unstable geology and soils conditions. Recommendations to ensure the stability of the structures, ground, and slopes, given the potential for seismic events, are provided in the Compilation of Reports for La Costa Town Square in Appendix I of the Draft EIR. Impacts of the proposed project related to stability of structures, ground, or slope would be significant unless the project is designed and 13 Candidate Findings La Costa Town Square General Plan Amendment constructed in accordance with engineering measures that address the specific site conditions. Facts in Support of Finding (1) The project will be required to adhere to local and state building codes, to be verified by a City of Carlsbad building inspector, and will implement Mitigation Measure GS-1, which requires that prior to issuance of a grading permit, a final geotechnical report that addresses site-specific geotechnical considerations shall be submitted to the City Engineer for approval. The final geotechnical report shall update the recommendations provided in the preliminary geotechnical report for this project and shall address in further detail the engineering measures for project-specific site conditions needed to minimize seismic-related impacts, erosion and loss of topsoil, unstable geologic units, or expansive soils. The project construction and maintenance will be required to comply with the recommendations of the final report and any modifications proposed by the City Engineer. This will reduce the hazardous conditions of seismic-related events and onsite'geology and soils conditions to a level of less than significant. GH. HAZARDS Significant Effect GH-1 The project site may experience some incidental flooding, mainly along Rancho Santa Fe Road and La Costa Avenue. Additionally, the eastern corner of the project site is within the mapped inundation area of the Stanley A. Mahr Reservoir and could experience flooding from failure of La Costa Dam within the project area shown in Figure 5.9-1 of the Draft EIR. Flooding may also occur in the southern portion of the project site surrounding the proposed detention basins. While evacuation plans have been established as described in the Draft EIR and the site is located adjacent to two emergency escape routes, loss of property due to flooding caused by dam failure could occur. 14 Candidate Findings La Costa Town Square General Plan Amendment Facts in Support of Finding H) Mitigation Measure H-l would require that all portions of development within the dam inundation area of the Stanley A. Mahr Reservoir receive notification as part of the standard ownership disclosure package and CC&Rs that their property is within the dam inundation area and is subject to potential loss of property in the event of dam failure. This notification would reduce the potential impact from dam failure and flooding to a level of less than significant. W. VISUAL AESTHETICS/GRADING Less than Significant Effect HI-1 The proposed project will introduce urban development on a currently vacant site and views onto the project site from nearby properties and from Rancho Santa Fe Road and La Costa Avenue would change with development of the site. Visual simulations of the project based on landform changes that would occur from implementation of the project are shown in Figures 5.10-2 through 5.10-4 of the Draft EIR. These simulations show that the project would be visible but would not block distant views of the oceans and hills from the simulated viewpoint locations. Facts in Support of Finding (1] The project does not have the potential to block any significant scenic views from the surrounding land uses as no scenic vistas through or of the project site have been identified in the City's adopted Scenic Corridor Guidelines. The Scenic Corridor Guidelines are intended to be used as a guide for improvements that take place within or adjacent to the rights-of-way for identified scenic corridors. La Costa Avenue is identified as a "community theme corridor" in the Scenic Corridor Guidelines; and La Costa Avenue, Olivenhain Road, and Rancho Santa Fe Road are identified as "community scenic corridors" in the Scenic Corridor Guidelines. No specific guidelines have been established for these roads. Therefore, the visual effects of the project would not block any scenic vistas from designated or known scenic viewpoints or conflict with any design requirements of the City's Scenic Corridor Guidelines. 15 Candidate Findings La Costa Town Square General Plan Amendment Less than Significant Effect HI-2 Implementation of the General Plan goals, objectives, and implementing policies and action programs, the Municipal Code, Landscape Manual, and other associated City regulatory tools, will ensure that development of the proposed project is compatible with existing development surrounding the project site. Facts in Support of Finding (1} As described in Section 5.10 of the Draft EIR, the project would be consistent with Objective B.2 of the Land Use Element for Overall Land Use Pattern by providing a European/Tuscan form of style and architecture and would include landscape features such as open plazas, visual landmarks, water features, specialty paving, site furniture, and tree and rich landscape plantings. The commercial portion of the project would also be consistent with Objective B.3 of the Land Use Element for Commercial development through the design and arrangement of commercial uses in one- and two-story configurations and with open space buffers to create privacy to the residences from surrounding roadways and commercial uses. The project would maintain high commercial development standards addressing landscaping, parking, signs, and site and building design, to ensure that the development is visually compatible with surrounding land uses. The project would also be consistent with Objective B.5 of the Circulation Element by providing safe, adequate, and attractively landscaped parking facilities in a visual setting of open plazas, visual landmarks, water features, specialty paving, site furniture, and tree and rich landscape plantings. Objective B.4 of the Arts Element, which seeks during land development reviews to give consideration to aesthetic issues, City land forms, landscaping, and architecture, would be met by the European/Tuscan form of style and architecture and the landscape and site planning features described above. Less than Significant Effect HI-3 The potential issue that the project's proposed commercial uses could lead to urban decay by causing other commercial properties within the project's 16 Candidate Findings La Costa Town Square General Plan Amendment market area to be abandoned was also analyzed in the Draft EIR. Facts in Support of Finding (I) A market analysis was performed in June 2008 and updated in February 2009 (CBRE Consulting 2008, 2009; Appendix K of the Draft EIR) to analyze the potential for the proposed retail center of the project to cause urban decay. The study estimated sales for the commercial uses and the amount estimated to be generated by market area residents. The study identified nine existing and six planned commercial centers of comparable size and estimated sales "leakage" (i.e., spending outside the market area by local residents) that would be recaptured by the proposed retail center. The 2008 study was updated in 2009 to examine the current national recession and consider whether the project would exacerbate any negative economic conditions in the local retail sector and be the cause of urban decay. The study and update concluded that whether or not the La Costa Town Square opens, there are likely to be some store closures in the project's market area and, because of depressed economic conditions, it will take longer to find replacement tenants than would be the case under normal economic conditions. The updated analysis also noted that while retail vacancy rates countywide increased from 3.0 percent in third quarter 2008 to 3.4 percent in the fourth quarter, "vacancy rates of 5.0 percent or lower are generally considered healthy by commercial real estate brokers" (CBRE Consulting 2009). Market-area store closures have been affected by national retail chain closures and by older grocery stores that had been underperforming before the economic downturn and lacked size and amenities to compete with newer grocery stores. The CBRE study concluded that while the national economic conditions will continue to impact the local market area, the more favorable local demographic conditions of the project's market area can be expected to sustain local retail demand and ultimately draw new businesses to the area as the economy improves. Thus, while there may continue to be vacant stores within the market area, such vacancies are not likely to cause physical deterioration of commercial areas in Encinitas and Carlsbad and, therefore, such vacancies would not constitute urban decay and no long-term visual impacts are expected to occur. 17 Candidate Findings La Costa Town Square General Plan Amendment Less than Significant Effect HI-4 According to the proposed grading plan, approximately 66.6 acres (or 80 percent) of the 83-acre project site will be graded and will result in a total of 793,000 cubic yards of grading. Cut and fill slopes would be up to approximately 46 feet in height in the proposed single-family parcel and up to approximately 30 feet in height for the proposed commercial and office parcels. The total volume of grading would be approximately 11,454 cubic yards per acre (cy/ac) for the 22.7-acre single-family site, 12,540 cy/ac for the 37.32-acre commercial site, and 9,894 cy/ac for the 6.54-acre office site. The multi-family residential parcel was previously graded to provide a relatively flat building site and only minor re-grading would be required by the project. Facts in Support of Finding (1) Proposed grading for the single-family residential parcel will result in many lots having rear yard slope heights of over 35 feet, with the highest slope being 40 feet, in order for the building pads to "step down" from the higher elevation at Rancho Santa Fe Road, which ranges from 378 to 420 feet above mean sea level (AMSL), to the elevation at La Costa Avenue, which ranges from 262 to 290 feet AMSL. However, these slopes in excess of 35 feet high are located in the interior of the residential area and, with construction of homes, would have limited visibility from offsite. In addition, the tallest proposed manufactured slope visible from offsite will be approximately 46 feet in height, located along La Costa Avenue on Open Space Lot 68 of the residential parcel. This slope height is necessitated by the need to maintain reasonable street grades for access to the residential lots. The Hillside Development Ordinance allows the decision-making body to approve modifications to the ordinance's development and design guidelines if the modification will result in manufactured slopes that are more aesthetically pleasing and natural appearing than would a strict adherence to the requirements of the ordinance. Approval of the modification to the development and design guidelines of the Hillside Development Ordinance would not cause a significant visual aesthetics/grading impact if findings are made that the modification will result in manufactured slopes that are more aesthetically pleasing and natural appearing than would a strict adherence to the requirements of the ordinance. 18 Candidate Findings La Costa Town Square General Plan Amendment The modification is proposed to be mitigated by extensive landscaping along the manufactured slopes and will be aesthetically pleasing and natural appearing. Reducing the grading quantities would require much steeper streets for many residents to get access to their properties and be less appealing for the new residents. Approval of the modification to the development and design guidelines of the Hillside Development Ordinance would not cause a significant visual aesthetics/grading impact. The project site was previously anticipated to be fully developed with the approval of the Habitat Conservation Plan and mitigated the impacts with the preservation of open space which is equal or greater than that of the site. Grading for the commercial parcel will result in building pads located up to approximately 22 feet below Rancho Santa Fe Road at the intersection of Paseo Lupino; and fill slopes ranging from approximately 17 feet to 30 feet above La Costa Avenue. Features of the grading design in the commercial and office area of the project that reduce the visual impact of the exterior graded slopes on La Costa Avenue are the provision of vegetated swales at the top and toe of the slope to carry drainage within a landscape feature, rather than in a pipe or concrete culvert; and the site plan for the project, which would locate the proposed department store a minimum of 180 feet from La Costa Avenue, thus providing a landscaped foreground view from La Costa Avenue and from the residences on the south side of the street. As described in Section 5.1, Land Use and Planning, of the Draft EIR, while grading for the proposed commercial and office parcels would exceed 10,000 cy/ac, the Hillside Development Regulations state that nonresidential development is not required to comply with the volume of grading and slope height requirements of the ordinance and allows the Planning Director and City Engineer to approve the grading plan based on "written and graphic exhibits to justify the proposed grading." The applicant states that the proposed commercial and office project requires large building pads for accessible parking and building structures. Nevertheless, every effort has been made to keep the amount of grading at a minimum taking into account the uses proposed, user safety, functional design, and walk-ability. In addition, grading for the office site, which would result in slopes of up to approximately 26 to 30 feet in height and are over 200 feet in length, are contoured to follow the curve of La Costa Avenue and curve around water 19 Candidate Findings La Costa Town Square General Plan Amendment detention basins. The slopes are undulated and contoured vertically to produce varied slope gradients as required. Less than Significant Effect HI-5 The project site is located in an urbanized area with primarily residential uses adjacent to the site and would be a new source of light and glare, primarily from the commercial and office parcels, and would convert 83 acres of unlighted space to urban uses as designated by the Carlsbad General Plan. Facts in Support of Finding fl) Existing light sources near the project site are a neighborhood commercial center located adjacent to the southwest and from two neighborhood lighted tennis courts in the multifamily residential development located along Calle Timiteo and tennis courts and ball fields located in Stagecoach Park and at La Costa Canyon High School. Other existing light sources are street lighting and private yard lighting in the residential areas and nighttime traffic on Rancho Santa Fe Road. Due to the existing General Plan designation of the project site for urban residential and commercial uses, lighting for the project would not be inconsistent with typical lighting needed to support these uses. In addition, the City Planning Department would review the project's exterior commercial and parking lot lighting pursuant to Section 21.31.080(G) of the Carlsbad Municipal Code, which states as follows: "Exterior lighting is required for all employee and visitor parking areas, walkways, and building entrances and exits. Light sources shall be designed to avoid direct or indirect glare to any offsite properties or public rights-of-way." This review requires that the developer submit and obtain Planning Director approval of an exterior lighting plan, including parking areas, which demonstrates that all lighting is designed to reflect downward and avoid any impacts on adjacent homes or properties. Proposed project signs would also be subject to City Planning Department review for compliance with the City Sign Ordinance (Chapter 21.41 of the Municipal Code), which does not allow blinking or flashing lights or exposed lighting elements within 500 feet of residentially zoned properties. Due to the absence of adjacent habitat areas, nighttime lighting at the project site would 20 Candidate Findings La Costa Town Square General Plan Amendment not cause a significant impact to wildlife. Therefore, impacts associated with light and glare would be less than significant. IJ. PUBLIC SERVICES AND UTILITIES Water Supply and Facilities Less than Significant Effect IJ-1 The Draft EIR concludes that there is an adequate availability of water through the San Diego County Water Authority (SDCWA) and Olivenhain Municipal Water District (OMWD) to serve the proposed project. Facts in Support of Finding H) As described in Section 5.11.1 of the Draft EIR, OMWD, the water service provider for the project, states in their letter of January 8, 2009, that "[t]he District has or will have adequate facilities to serve the project." Also contained in Appendix L of the Draft EIR is the La Costa Town Square Water System Analysis prepared for OMWD by AECOM, which further states that "the development can be served during a peak hour demand condition with a minimum residual pressure greater than 60 psi [pounds per square inch], and during a maximum day plus 1,500 gpm [gallons per minute] fire flow demand condition with residual pressures greater than 20 psi in the vicinity of the fire." Additionally, the Zone 11 LFMP water service performance standard requires that "line'capacity to meet the demand as determined by the appropriate water district must be provided concurrent with development." In April 2007, SDCWA adopted an update to the 2005 Urban Water Management Plan (UWMP) (SDCWA 2007b), which identifies a variety of water resources projected to be developed through the year 2030 to ensure long-term water supply reliability for the region, and which relied on the SANDAG regional growth projections for water supply planning. Although SDCWA's sole for its imported water supply is the Metropolitan Water District (MWD) of southern California, MWD has ensured long-term reliability through its UWMP and Integrated Resource Planning process. In addition to imported water, SDCWA identifies supply goals for supplemental sources of water for the year 2030, including groundwater, recycled water, and seawater desalination. Through its imported water supply and 21 Candidate Findings La Costa Town Square General Plan Amendment identified supplemental water sources, SDCWA plans to meet the County's and OMWD's needs through the year 2030. Under California Water Code Section 10912, a Water Supply Assessment would need to be prepared by OMWD if the land uses proposed by the project met any one of the following criteria: more than 500 dwelling units; more than 500,000 square feet of commercial space; more than 250,000 square feet of office space; more than 1,000 employees; or would demand an amount of water equivalent to or greater than the amount required by a 500-dwelling-unit project. In 2006, OWMD completed a study that analyzed actual water usage for all residential customers in its service area and determined that 500 single-family units would demand 350,000 gallons per day (gpd), while 500 multifamily units would demand 250,000 gpd. Using either metric, the project's estimated water demand of 186,862 gpd as shown in Table 5.11 -1 of the Draft EIR, would not meet the equivalent demand of a 500-dwelling unit project. Therefore, the project would meet the City's Zone 11 LFMP standards for avoidance of a significant water impact and would not require construction of new water facilities, the construction of which may cause significant environmental impacts. Wastewater Treatment Facilities Less than Significant Effect IJ-2 The Draft EIR concludes that there is adequate trunk line and wastewater treatment capacity to serve the proposed project. Facts in Support of Finding (I) The Zone 11 LFMP requires that the developer shall meet with and obtain approval from the Leucadia Wastewater District (LWD) in regard to sewer infrastructure available or required to serve the project; and that building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. The LWD Planning Study does not recommend any other major sewer trunk lines within Zone 11. Two 12-inch sewer lines exist from stubs in La Costa Avenue and Camino de Los Caches to the existing 12-inch sewer line in Stagecoach Park. 22 Candidate Findings _ La Costa Town Square General Plan Amendment These two pipelines will be needed to serve the portion of Zone 1 1 in LWD that is north of the existing La Costa Avenue and east of the existing Camino De Los Coches. Based on the Zone 1 1 LFMP requirement that the developer obtain approval from the LWD regarding sewer infrastructure to serve this project and the fact that no additional trunk lines or other major wastewater facilities are needed to serve the project, the project would have no significant impact to wastewater treatment facilities or from new construction or expansion of wastewater conveyance facilities. Gas and Electric Less than Significant Effect IJ-3 The Draft EIR concludes that there are adequate gas and electric facilities to serve the proposed project. Facts in Support of Finding H) Projected usage of natural gas and electricity based on development of the project site is provided in tables 5.1 1-2 and 5.1 1-3 of the Draft EIR. The existing electricity and gas infrastructure located within or adjacent to the project site would provide adequate service to the proposed project. As such, the project would not result in substantial adverse physical impacts associated with the provision of new or physically altered local infrastructure facilities. The proposed development results in additional natural gas and electricity demands; however, energy demands created by the project are typical of urban development and can be accommodated by existing facilities within the project area. The impact to gas and electric services resulting from implementation of the proposed development activities would be less than significant. Police Services Less than Significant Effect IJ-4 The Draft EIR concludes that there are adequate police services available to 23 Candidate Findings _ La Costa Town Square General Plan Amendment serve the proposed project. Facts in Support of Finding H) The City of Carlsbad provides police protection services to the project site, which is located within police service area Beat 10. The response time within Beat 10 is currently 7.83 minutes for Priority 1 emergencies based on statistics from the period of January 1 - July 2, 2008. Response time for calendar year 2007 was 7.37 minutes. As stated in the Draft EIR, the Carlsbad Police Department has advised that the proposed project would not adversely impact the level of service they presently provide to the area. Since the current levels of service are adequate for the proposed project, there are no plans for expansion of facilities at this time and there would be no impact associated with provision of new or physically altered police services. Fire Services Less than Significant Effect IJ-5 The Draft EIR concludes that there are adequate fire services available to serve the proposed project. Facts in Support of Finding [1] The City of Carlsbad Fire Department provides all basic fire and advanced emergency medical services to the project site. Additionally, the Fire Department has agreements with other agencies to provide additional services such as hazardous materials incident responses. The nearest City fire station to the project site is City Fire Station 6, located on Rancho Santa Fe Road, 0.75 mile north of the project site. According to the Zone 1 1 LFMP, all future development in Zone 1 1 is within the 5- minute response time of Fire Station 6 and Zone 1 1 will conform to the fire performance standards through buildout. Therefore, Zone 1 1 meets the adopted performance standard and will continue to meet the performance standard through buildout of the City and there are no special conditions that need to be 24 Candidate Findings La Costa Town Square General Plan Amendment complied with prior to development and operation of the proposed land uses. In addition, the Water System Analysis prepared for the project (see Draft EIR Appendix L) determined that water service to the project meets or exceeds the minimum fire flow demands of at least 1,500 gallons per minute (gpm) of fire flow for the proposed residential development areas and 3,500 gpm of fire flow for the proposed commercial and office development areas. Therefore, the proposed project will have no impact on fire facilities in Zone 11 or within Carlsbad. School Services Less than Significant Effect IJ-6 The Draft EIR concludes that Encinitas Union School District (EUSD) and San Dieguito Union High School District (SDUHSD) have adequate school facilities to accommodate the proposed project. Facts in Support of Finding 0) According to the Zone 11 LFMP, EUSD entered into an agreement with Real Estate Collateral Management, the major landholder of the project area, which provides for the dedication of school sites in exchange for school availability letters. This agreement has been in force for the last several years and has resulted in the dedication of the La Costa Heights, Mission Estancia, and El Camino Creek elementary school sites. Government Code Section 65995 ef seq. and Education Code Section 17620, provide for the collection of schools fees for residential development based on a fee of $2.97 per square foot of habitable residential space and $0.47 per square foot of enclosed and covered commercial space. This fee is shared by EUSD and SDUHSD. The proposed project would generate a total of 86 additional elementary school students. Mission Estancia Elementary School is currently operating under its capacity and the projected 86 students could currently be accommodated at this school. EUSD foresees no problems with providing services to the proposed project at this time; therefore, no impact associated with this issue is anticipated to occur. 25 Candidate Findings La Costa Town Square General Plan Amendment The proposed project would generate a total of 20 new middle school students and 41 new high school students. Diegueho Middle School and La Costa Canyon High School serve the project. According to SDUHSD, the proposed project would contribute to the need for additional classrooms and support facilities at Diegueno Middle School. In conjunction with other future development of the La Costa area, this project would affect future year enrollment that would approach the capacity of La Costa Canyon High School and require further expansion. Because of the small number of students generated by the project ..and the requirement for payment of school fees, including from the proposed commercial and office development, the impact to schools would not be significant. The proposed project would also not necessitate the development of new schools or physically altered facilities; therefore, no impact from the construction or expansion of schools would result from the project. Library Services Less than Significant Effect U-7 The Draft EIR concludes that there are adequate library-facilities to serve the proposed project. Facts in Support of Finding H) The Carlsbad City Library System, a department of the City of Carlsbad, operates and plans for the provision of library services to residents of the city. The LFMP performance standard for library services is no less than 800 square feet of library space per 1,000 population. To meet the LFMP performance standard, the City should currently provide at least 81,102 square feet of library space and by the Year 2030 would need at least 101,634 square feet of library space. The library system currently provides a total of over 102,200 square feet of library space, or 122 percent of the currently- required space; therefore, the potential population from the proposed project would not impede the ability of the library department to meet its current LFMP performance standard. In addition, the project will pay its portion of the public facility fees identified in the LFMP toward library project funding. No specific 26 Candidate Findings La Costa Town Square General Plan Amendment construction or expansion of library facilities will be required with implementation of the proposed project; therefore, there is a less than significant impact from the project on the adequate provision of library services. Solid Waste Less than Significant Effect II-8 The Draft EIR concludes that there are adequate solid waste services available to serve the proposed project. Facts in Support of Finding (1} The City of Carlsbad provides solid waste services through its contractor, Waste Management, Inc. In addition, Waste Management of North County/Coast Waste Management operates a household hazardous waste drop-off location in Oceanside at 2880 Industry Street. Solid waste from Carlsbad is hauled to four landfills, with the majority of the solid waste being sent to the Otay Mesa and Sycamore Canyon facilities. According to the Draft EIR, Otay Mesa has a permitted daily capacity of 3,500 tons but is receiving only 981 tons daily and has an estimated life expectancy of 37 years to 2033; and the Sycamore Canyon landfill has a permitted daily capacity of 2,500 tons but is receiving only 900 tons daily and has an estimated life expectancy of 62 years, to 2058. During the construction of the proposed residential and commercial developments, a significant amount of construction-related waste will be generated. The type of construction waste will range from construction worker personal waste to hazardous materials associated with architectural coatings. According to Waste Management, Inc., the amount of construction-related waste that will be generated is not considered significant. The contractors will be responsible for recycling of the construction materials, while Waste Management will provide containers necessary for all types of collection needs. Any hazardous materials-related waste is required by federal, state, and local regulations to be disposed of appropriately. 27 m Candidate Findings La Costa Town Square General Plan Amendment Table 5.11-6 of the Draft EIR estimates that approximately 74,088 pounds per day (13,521 tons per year) of solid waste would be generated by the La Costa Town Square Project upon its full occupancy. According to the Draft EIR, Waste Management has advised that it foresees no problems with providing waste collection service for the project site. As stated in the Draft EIR, the City has indicated that it has achieved a 44 percent diversion rate for solid waste. Therefore, the estimated amount of project solid waste to be disposed at the landfills would be reduced to 7,572 tons per year. Although the proposed project would increase demand for solid waste collection and increase the quantity of solid waste being hauled to landfills, it would not generate solid waste that exceeds present or planned landfill capacity. Therefore, no significant impact associated with solid waste would occur. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. A. TRANSPORTATION/CIRCULATION Significant Effect A-1 The project would contribute to the following significant traffic impacts to roadway segments and intersections outside the jurisdiction of Carlsbad: Roadway Segments • 1-5 Freeway segments in the project area currently operate at level of service (LOS) F during peak hours • Rancho Santa Fe Road between Melrose Drive and Island Drive in San Marcos currently operates at LOS E and would operate at LOS F with cumulative contribution of project traffic in year 2030 • Rancho Santa Fe Road between Island Drive and San Marcos Boulevard in San Marcos currently operates at LOS D and would operate at LOS F under existing plus project conditions in years 2010 and 2030 » Olivenhain Road between El Camino Real and Rancho Santa Fe Road in an area of shared jurisdiction with Encinitas currently operates at LOS D 28 Candidate Findings La Costa Town Square General Plan Amendment and would operate at LOS E under existing plus project conditions and LOS E in years 2010 and 2030 with the project • Leucadia Boulevard between Quail Gardens Drive and El Camino Real in Encinitas would receive additional project traffic that would worsen LOS E conditions in year 2030 • San Eiijo Road between Rancho Santa Fe Road and Elfin Forest Road in Encinitas would receive additional project traffic that would worsen LOS F conditions in year 2030 Intersections » Rancho Santa Fe Road and El Camino del Norte in Encinitas would experience increased traffic delay at an intersection currently operating at LOS E (AM peak hour) and LOS D (PM peak hour); and cause LOS E (AM and PM) peak hour conditions in the Existing Plus Project scenario, LOS F (AM) and LOS E (PM) peak hour conditions in year 2010, and LOS F (AM and PM) peak hour conditions in year 2030 *—Rancho Santa Fe Road and San Marcos Boulevard in San Marcos would experience increased delay at intersection operating at LOS F (PM peak hour) in yoars 2010 and 2030 Facts in Support of Finding (2) 1-5 Freeway Segments Improvement to the 1-5 Freeway segments identified in the Draft EIR would require alteration or reconstruction of facilities that are under the jurisdiction of Caltrans, which has no current plans or funding for improvements that would increase the capacity of these freeway segments. Improvements needed to avoid would include provision of additional freeway lanes. It is beyond the capability of the applicant to effect improvements that would avoid significant cumulative project impacts. 29 Candidate Findings La Costa Town Square General Plan Amendment Rancho Santa Fe Road Segments in San Marcos Improvement to the Rancho Santa Fe Road segments in San Marcos would require alteration or reconstruction of facilities that are under the jurisdiction and maintained by the City of San Marcos. Improvements to provide sufficient roadway capacity to avoid LOS F conditions in year 2030 would require widening from the existing four lanes to six lanes. As shown in Table 5.2-20 of the Draft EIR, the project would contribute only 510 ADT to the portion of Rancho Santa Fe Road between San Marcos Boulevard and Island Drive, which would carry 53,942 ADT without the project; and contribute 1,021 ADT to the portion between Island Drive and Melrose Drive, which would carry 43,702 ADT without the project. It would be an inequitable requirement and beyond the capability of the applicant to effect improvements that would avoid significant cumulative project impacts. Olivenhain Road Segment in Encinitas Improvement to the Olivenhain Road segment in Encinitas would require alteration or reconstruction of facilities that are under the jurisdiction and maintained by the City of Encinitas. Improvements to provide sufficient roadway capacity to avoid a change from LOS D without the project to LOS E under the Existing Plus Project scenario, would require widening from the existing five lanes. As shown in Table 5.2-10 of the Draft EIR, the project would contribute only 3,062 ADT to the portion of Olivenhain Road between El Camino Real and Rancho Santa Fe Road, which would carry 42,600 ADT without the project. It would be an inequitable requirement and beyond the capability of the applicant to effect improvements that would avoid significant cumulative project impacts. Leucadia Boulevard Segment in Encinitas Improvement to the Leucadia Boulevard segment in Encinitas would require alteration or reconstruction of facilities that are under the jurisdiction and maintained by the City of Encinitas. Improvements to provide sufficient roadway capacity to avoid LOS E conditions in year 2030, which would occur with or without the proposed project, would require widening from the existing four lanes. As shown in Table 5.2-20 of the Draft EIR, the project would contribute only 30 Candidate Findings La Costa Town Square General Plan Amendment 2,041 ADT to the portion of Leucadia Boulevard between Quail Gardens Drive and El Camino Real, which would carry 41,661 ADT without the project. It would be an inequitable requirement and beyond the capability of the applicant to effect improvements that would avoid significant cumulative project impacts. San Elijo Road Segment in Encinitas Improvement to the San Elijo Road segment in Encinitas would require alteration or reconstruction of facilities that are under the jurisdiction and maintained by the City of Encinitas. Improvements to provide sufficient roadway capacity to avoid LOS F conditions in year 2030, which would occur with or without the proposed project, would require widening from the existing four lanes. As shown in Table 5.2-20 of the Draft E1R, the project would contribute only 2,552 ADT to the portion of San Elijo Road between Rancho Santa Fe Road and Elfin Forest Road, which would carry 40,848 ADT without the project. It would be an inequitable requirement and beyond the capability of the applicant to effect improvements that would avoid significant cumulative project impacts. Rancho Santa Fe Road and El Camino del Norte Intersection in Encinitas Improvement to the Rancho Santa Fe Road and El Camino del Norte intersection in Encinitas would require alteration or reconstruction of facilities that are under the jurisdiction and maintained by the City of Encinitas. As shown in Table 5.2-5 of the Draft EIR, the intersection currently operates at LOS E (AM) and LOS D (PM) and, as shown in Table 5.2-21 of the Draft EIR, would worsen to LOS F (AM) and LOS E (PM) by year 2030 without the project. In year 2030, the intersection would experience an average AM peak hour delay of 76.3 seconds (LOS F) without the project and 88.3 seconds (LOS F) with the project; and an average PM peak hour delay of 45.3 seconds (LOS E) without the project and 64.5 seconds (LOS F) with the project. According to analysis provided in the Traffic Impact Analysis prepared for the project (Urban Systems Associates 2008), signalization or the installation of a roundabout would improve the intersection's AM and PM operating conditions to acceptable levels of service, which would reduce the project and cumulative impact to a level less than significant. However, because the City of Encinitas does not intend to implement mitigation such as signalization or a roundabout, the project and cumulative impact at this intersection would remain significant and unmitigated. Therefore, it would be 31 Candidate Findings La Costa Town Square General Plan Amendment beyond the capability of. the applicant to effect improvements that would avoid significant cumulative project impacts. _Rancho Santa Fe Road and San Marcos Boulevard Intersection in San Marcos Improvement to the Rancho Santa Fe Road and San Marcos Boulevard intersection in San Marcos would require alteration or reconstruction of facilities that are under the jurisdiction and maintained by the City of San Marcos. As shown in Table 5.2-5 of the Draft EIR, the intersection currently operates at LOS D (AM and PM) with an average intersection delay 36.8 seconds during the AM peak hour and 47.9 seconds during the PM peak hour. The intersection would continue to operate at LOS D during the AM and PM peak hours with the project, though the average intersection delay would increase by 0.3 seconds during the AM peak hour and 1.7 seconds during the PM peak hour. As shown in Table 5.2-21 of the Draft EIR, in year 2030 the intersection would experience an average AM peak hour delay of 52.5 seconds (LOS D) without the project and 52.7 seconds (LOS D) with the project; and an average PM peak hour delay of 158.9 seconds (LOS F) without tho project and 160.9 seconds (LOS F) with the project. Improvements to provide sufficient roadway capacity to avoid LOS F intersection conditions in year 2030, which would occurwith or without the proposed project would be required. The City of San Marcos does not have an adopted Capital Improvement Program for this intersection and it would be an inequitable requirement and beyond the capability of the applicant to effect improvements that would avoid significant cumulative project impacts. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly skilled workers, make infeasible the mitigation measures or alternatives identified in the Draft EIR that would reduce this impact to less than significant. A. AIR QUALITY Significant Effects As shown in Table 5.3-4 of the Draft EIR, total air pollution emissions from the project's mobile and area sources would exceed the threshold for significance 32 Candidate Findings La Costa Town Square General Plan Amendment for CO and PMio. Facts in Support of Finding (3) The project's Air Quality impact is the result of the 25,516 ADT generated by motor vehicles traveling to and from the project's residential, commercial, and office land uses. It is beyond the technical capability of the project applicant or the City to mitigate the air quality impact of motor vehicle emissions. Alternative 1 - No Project: No Development Alternative The No Project: No Development Alternative assumes that no development would occur on the project site and the site would remain vacant. This alternative would avoid most of the significant environmental effects associated with implementation of the proposed project. This alternative is technically feasible and would avoid the project's Air Quality impacts, but would not achieve the project objectives as listed in Section 3.12 of the Draft EIR. These objectives that would not be achieved include strengthening the City's tax base, providing shopping and job opportunities, ensuring that the commercial services under the La Costa Master Plan are fulfilled, and offering additional residential areas with a range of housing types and prices. Additionally, this alternative does not meet the objectives of the City's General Plan, as the project site is identified for the following land use designations: Office and Related Commercial (O), Local Shopping Center (L), Open Space (OS), and Low-Medium Density Residential (RLM). Therefore, the City's General Plan expects development of the property at some time in the future. Alternative 2 - No Project: Existing General Plan, Existing Master Plan, and HCP Alternative The No Project: Existing General Plan, Existing Master Plan, and HCP Alternative assumes that the project site would be developed pursuant to the existing General Plan Land Use designations, La Costa Master Plan, and HCP. As stated in Section 7.2.2 of the Draft EIR, implementation of the No Project: Existing General Plan, Existing Master Plan, and HCP Alternative would result in approximately a 1 to 2 percent increase or decrease in ADT in comparison to the proposed project. Therefore, implementation of this alternative would not 33 Candidate Findings La Costa Town Square General Plan Amendment avoid significant and unmitigated impacts to Air Quality. Alternative 3 - Biological Open Space Alternative/Environmentally Superior Alternative The Biological Open Space Alternative/Environmentally Superior Alternative would result in the dedication of Biological Open Space to the east of the proposed Open Space Corridor in place of the proposed 64 single-family residential units. The remainder of the project would be developed with the same multifamily residential, shopping center, and office uses as the proposed project. This alternative would preserve sensitive biological resources on the 24.39-acre single-family residential site and would reduce impacts the project's significant effects by eliminating 640 ADT from the project. However, this alternative would still generate approximately 24,876 ADT from the remaining proposed commercial, office, and multifamily development and, therefore, would not avoid significant and unmitigated impacts to Air Quality. B. NOISE The Draft EIR concluded that potentially significant project noise impacts at the commercial center from loading dock operations, the outdoor gathering area, and heating and air conditioning equipment, would be avoided by proposed mitigation measures N-3, N-4, and N-5; and that traffic noise on Rancho Santa Fe Road affecting the adjacent portion of the proposed single-family neighborhood, would be avoided by proposed mitigation measure N-6. The impact of temporary drilling and blasting noise would be reduced by compliance with mitigation measures N-1 and N-2, but not to below a level of significance. Significant Effects Implementation of the proposed project would result in significant short-term impacts from drilling and blasting noise during grading for construction of the project. 34 Candidate Findings La Costa Town Square General Plan Amendment Facts in Support of Finding (3} As stated in Section 5.4.3 of the Draft EIR, approximately 127,000 cubic yards of rock material is anticipated to be excavated within the onsite granitic rock formation and would involve drilling and blasting to excavate this material. The closest existing residence to the blasting area would be a home located approximately 30 feet away on Sitio Lima; other homes would be located approximately 150 or more feet from the blasting area. In the worst-case scenario, the maximum noise level at the nearest residence could be as high as 100 dBA; a few other residences may be affected by noise levels up to 80 dBA. As rock is excavated from the areas nearest the residences, the drilling and blasting operational noise would be reduced as these activities were relocated farther from the residential area. Drilling and blasting would be the most cost- effective means to loosen the granitic rock for excavation. It would also reduce the period required for grading the site in comparison to use of conventional earth-moving equipment and would more efficiently reduce the rock to a size that can be loaded into the onsite portable rock crusher for use as fill material within the project site. Alternative 1 - No Project: No Development Alternative ,• The No Project: No Development Alternative assumes that no development would occur on the project site and the site would remain vacant. This alternative would avoid most of the significant environmental effects associated with implementation of the proposed project. This alternative is technically feasible and would avoid the project's Noise impacts, but would not achieve the project objectives as listed in Section 3.12 of the Draft EIR. These objectives that would not be achieved include strengthening the City's tax base, providing shopping and job opportunities, ensuring that the commercial services under the La Costa Master Plan are fulfilled, and offering additional residential areas with a range of housing types and prices. Additionally, this alternative does not meet the objectives of the City's General Plan, as the project site is identified for the following land use designations: Office and Related Commercial (O), Local Shopping Center (L), Open Space (OS), and Low-Medium Density Residential (RLM). Therefore, the City's General Plan expects development of the property at some time in the future. 35 Candidate Findings La Costa Town Square General Plan Amendment Alternative 2 - No Project: Existing General Plan, Existing Master Plan, and HCP Alternative The No Project: Existing General Plan, Existing Master Plan, and HCP Alternative assumes that the project site would be developed pursuant to the existing General Plan Land Use designations, La Costa Master Plan, and HCP. As stated in Section 7.2.2 of the Draft EIR, implementation of the No Project: Existing General Plan, Existing Master Plan, and HCP Alternative would result in temporary significant and unmitigated noise and vibration impacts related to blasting and drilling that would be similar to the proposed project. Therefore, implementation of this alternative would not avoid significant and unmitigated Noise impacts. Alternative 3 - Biological Open Space Alternative/Environmentally Superior Alternative The Biological Open Space Alternative/Environmentally Superior Alternative would result in the dedication of Biological Open Space to the east of the proposed Open Space Corridor in place of the proposed 64 single-family residential units. The remainder of the project would be developed with the same multifamily residential, shopping center, and office uses as the proposed project. This alternative would preserve the 24.39-acre single-family residential site in its current condition and grading, drilling, and blasting in close proximity to the existing homes to the east would not occur. This alternative would avoid the project's significant Noise impacts. However, eliminating the single-family residential development would not fully achieve the project objectives of strengthening the City's tax base and offering additional residential areas with a range of housing types and prices. It would also not fully comply with the existing Carlsbad General Plan and the Zone 11 LFMP or proposed amendments to these documents. Provision of adequate public facilities and improvements, including public safety services, parks, and libraries, relies on development impact fees that have been calculated based on the level of residential development allowed by the adopted General Plan. 36 Candidate Findings La Costa Town Square General Plan Amendment C. GLOBAL CLIMATE CHANGE Significant Effects Short-term construction and long-term operation of the proposed project would generate emissions of greenhouse gases (GHGs). Construction emissions would be associated with vehicle engine exhaust from construction equipment, vendor trips, and employee compute trips. Operational emissions would be associated with area, mobile, and stationary sources. Area-source emissions would be associated with activities such as natural gas use and maintenance of landscaping and grounds. Mobile-source emissions of GHGs would include project-generated vehicle trips associated with residents, visitors, employees, and deliveries to the project site. In addition, increases in stationary-source emissions could occur at off- site utility providers associated with electricity generation and water distribution that would supply the proposed project. Facts in Support of Finding (3) The project's Global Climate Change impact is largely the result of the 25,516 ADT generated by motor vehicles traveling to and from the project's residential, commercial, and office land uses. It is beyond the technical capability of the project applicant or the City to mitigate the global climate change impact of motor vehicle emissions. Alternative 1 - No Project: No Development Alternative The No Project: No Development Alternative assumes that no development would occur on the project site and the site would remain vacant. This alternative would avoid most of the significant environmental effects associated with implementation of the proposed project. This alternative is technically feasible and would avoid the project's Global Climate Change impacts, but would not achieve the project objectives as listed in Section 3.12 of the Draft EIR. These objectives that would not be achieved include strengthening the City's tax base, providing shopping and job opportunities, ensuring that the commercial services under the La Costa Master Plan are fulfilled, and offering additional residential areas with a range of housing types and prices. Additionally, this alternative does not meet the objectives of the City's General 37 Candidate Findings La Costa Town Square General Plan Amendment Plan, as the project site is identified for the following land use designations: Office and Related Commercial (O), Local Shopping Center (L), Open Space (OS), and Low-Medium Density Residential (RLM). Therefore, the City's General Plan expects development of the property at some time in the future. Alternative 2 - No Project: Existing General Plan, Existing Master Plan, and HCP Alternative The No Project: Existing General Plan, Existing Master Plan, and HCP Alternative assumes that the project site would be developed pursuant to the existing General Plan Land Use designations, La Costa Master Plan, and HCP. As stated in Section 7.2.2 of the Draft EIR, implementation of the No Project: Existing General Plan, Existing Master Plan, and HCP Alternative would result in approximately a 1 to 2 percent increase or decrease in ADT in comparison to the proposed project. Therefore, implementation of this alternative would not avoid significant and unmitigated Global Climate Change impacts. Alternative 3 - Biological Open Space Alternative/Environmentally Superior Alternative The Biological Open Space Alternative/Environmentally Superior Alternative would result in the dedication of Biological Open Space to the east of the proposed Open Space Corridor in place of the proposed 64 single-family residential units. The remainder of the project would be developed with the same multifamily residential, shopping center, and office uses as the proposed project. This alternative would preserve sensitive biological resources on the 24.39-acre single-family residential site and would reduce the project's significant GHG effects by eliminating 640 ADT from the project. However, this alternative would still generate approximately 24,876 ADT from the remaining proposed commercial, office, and multifamily development and, therefore, would not avoid significant and unmitigated Global Climate Change impacts. 38 Candidate Findings La Costa Town Square General Plan Amendment Section 2 Statement of Overriding Considerations INTRODUCTION CEQA requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City Council proposes to approve the project despite certain significant unavoidable adverse Transportation/Circulation, Air Quality, Noise, and Global Climate Change impacts identified in the Draft E1R. As interpreted by the courts, a lead agency's determination that a project's benefits outweigh significant effects that cannot be mitigated lies at the core of the lead agency's discretionary responsibility under CEQA (City of Marina V. Board of Trustees of the California State University (2006) 39 Cal. 4th 341, 368). Furthermore, courts have upheld overriding considerations that were based on a variety of policy considerations including new jobs, stronger tax base, and implementation of an agency's economic development goals, growth management policies, redevelopment plans, the need for housing and employment, conformity to a community plan, and provision of construction jobs. See Towards Responsibility in Planning v. City Council (1988) 200 Cal App. 3d 671;Dusekv. Redeve/opmenf Agency (1985) 173 Cal App. 3d 1029;C/fyof Poway v. City of San Diego (1084) 155 Cal App. 3d 1037; Markley v. City Council (1982) 131 Cal App. 3d 656. As identified above, this project has significant and not fully mitigated effects relating to transportation/circulation, air quality, noise, and global climate change. The project alternatives identified in the Draft EIR would not fully achieve the project objectives as listed in Section 3.12 of the Draft EIR. These objectives that would not be achieved include strengthening the City's tax base, providing shopping and job opportunities, ensuring that the commercial services under the La Costa Master Plan are fulfilled, and offering additional residential areas with a range of housing types and prices. Therefore, these alternatives are infeasible in accordance with the findings prepared pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091. 39 Candidate Findings La Costa Town Square General Plan Amendment Project features or mitigation measures would partially mitigate direct, indirect, and/or cumulative impacts to transportation/circulation, air quality, noise, and global climate change associated with the project. Among others, these include: 1. Paying for the project's fair share contribution toward the construction of a traffic signal; 2. Requiring the commercial development operator to operate, maintain, and promote a ride-share program for employees; 3. Providing one more secure bicycle parking areas within the property and encouraging bicycle riding for both employees and customers; 4. Requiring that all materials handling equipment operated by the businesses within the facility be electric or use non-diesel engines; 5. Implementing a portable sound attenuation barrier during off-site rock drilling with a Sound Transmission Class rating of 15 or more along the northern portion of the project site; 6. Certifying that the rock drill shall not generate noise levels in excess of 85 dBA at a distance of 50 feet while operated at high idle (maximum governed rpm) under full-load condition during the test; 7. Notifying all property owners within 250 feet of the blasting area of the blasting activities (for noise and vibration impacts); 8. Designing buildings to be energy efficient and siting buildings to take advantage of shade, prevailing winds, landscaping and sun screens to reduce energy use; 9. Limiting idling time for commercial vehicles, including delivery and construction vehicles. These mitigation measures would partially mitigate direct, indirect, and/or cumulative impacts to transportation/circulation, air quality, noise, and global 40 Candidate Findings _ La Costa Town Square General Plan Amendment climate change, but not to below a level of significance. Impacts to some or all transportation/circulation, air quality, noise, paleontological resources, biological resources, hydrology/water quality, geology and soils, and hazards impacts would be mitigated to below a level of significance. With the implementation of the mitigation measures discussed in the Draft EIR, significant effects can be mitigated to less than significant except as described below. A. UNAVOIDABLE SIGNIFICANT IMPACTS Transportation/Circulation A thorough analysis of environmental impacts caused by the proposed project has been performed and mitigation to reduce project impacts has been required where feasible, but would not reduce Transportation/Circulation impacts to less than significant. Only the No Project: No Development Alternative analyzed in the Draft EIR for the project would avoid significant impacts to Transportation/Circulation. Findings The City Council hereby finds that completing the roadway improvements identified in the Draft EIR needed to mitigate the project's traffic impacts is not feasible for the following economic, legal, and social reasons. • The significant project transportation/circulation impacts are to segments of the 1-5 Freeway and roadways and intersections located in the cities of Encinitas and San Marcos. As described above in Section 1 under CEQA Finding (2), Caltrans has no plans or funding for improvements to increase the capacity of 1-5 in the project area. The cities of Encinitas and San Marcos do not have Capital Improvement Programs for widening or other improvements to the roadways and intersections to which the project would contribute relatively minor increases in traffic volumes. As described above in Section 1 under CEQA Finding (2), significant impacts from projected regional traffic increases to the roadway segments and intersections in the cities of Encinitas and San Marcos would occur with or without the project. Therefore, it would be an inequitable requirement 41 Candidate Findings La Costa Town Square General Plan Amendment and beyond the capability of the applicant to effect improvements that would avoid significant cumulative project impacts. Air Quality A thorough analysis of environmental impacts caused by the proposed project has been performed and mitigation to reduce project impacts has been required where feasible, but would not reduce Air Quality impacts to less than significant. The No Project: No Development Alternative analyzed in the Draft EIR for the project would avoid significant impacts to Air Quality. Findings The City Council hereby finds that reducing the project's mobile source emissions of carbon monoxide (CO) and particulates (PMio) to mitigate the project's air quality impacts is not feasible for the following economic, legal, and social reasons: • As shown in Table 5.3-4 of the Draft EIR, total emissions resulting from mobile and area sources would exceed the threshold for significance for CO and PMio. As most of the emissions are from mobile sources, implementation of Mitigation Measure AQ-1 would reduce operations emissions of air pollutants due to the proposed project. Project design features will also be implemented to reduce the long-term air pollution. For example, enhanced bus stops will be provided on the La Costa Avenue and Rancho Santa Fe Road to encourage use of public transportation, employee car-pooling would be encouraged, and improved bicycle lanes and onsite bicycle storage facilities would be provided to encourage bicycle use to and from the project site. However, the results of implementing these measures cannot be reasonably quantified and the impact would be significant and unmitigated. • Reducing the project's CO and PMio emissions to comply with the thresholds would require reducing the project's vehicle use from the project's total of 25,516 average daily trips (ADT) to approximately 6,000 ADT. This would require reducing the shopping center from 284,400 square feet of commercial space under the proposed project to approximately 40,450 square feet. Reducing the project size to this level would not fully 42 Candidate Findings La Costa Town Square General Plan Amendment comply with the existing Carlsbad General Plan and the Zone 11 LFMP or proposed amendments to these documents. Provision of adequate public facilities and improvements, including transportation improvements, as well as public safety services, parks, and libraries, relies on development impact fees that have been calculated based on the level of residential and commercial development allowed by the adopted General Plan. Thus, the City would be unable to adequately accomplish its public services and facilities goals without income from another source, for which excess City revenue is not available. The loss of property tax and sales tax revenue, particularly from commercial development, on which the City is highly dependent, would also reduce the City's ability to meet its annual budgetary obligations. Noise A thorough analysis of environmental impacts caused by the proposed project has been performed and mitigation to reduce project impacts has been required where feasible, but would not reduce Noise impacts to less than significant. The No Project: No Development Alternative and the Biological Open Space Alternative/Environmentally Superior Alternative analyzed in the Draft EIR for the project would avoid significant Noise impacts. Findings The City Council hereby finds that mitigating the project's construction noise impact as identified in the Draft EIR is not feasible for the following economic, legal, and social reasons: • As stated in Section 5.4.3 of the Draft EIR, approximately 127,000 cubic yards of rock material is anticipated to be excavated within the onsite granitic rock formation and drilling and blasting would be conducted to excavate this material. Rock drills generate airborne noise levels of approximately 80 to 98 dB at a distance of 50 feet. The closest existing residence to the blasting area would be a home located approximately 30 feet away on Sitio Lima; other homes would be located approximately 150 or more feet from the blasting area. In the worst-case scenario, the maximum noise level at the nearest residence could be as high as 100 dBA; a few other 43 Candidate Findings La Costa Town Square General Plan Amendment residences may find noise levels up to 80 dBA. This is considered a significant impact. Mitigation Measure N-l of the Draft EIR would reduce this impact to a degree; however, it cannot be guaranteed that the impact will be below a level of significance at the nearest residences. Therefore, this would remain a significant and unmitigated impact. • Construction blasting noise will vary but usually generates a maximum noise level of approximately 94 dBA at a distance of 50 feet and the maximum noise level at the nearby residences would range between 84 to 100 dBA for the brief blasting events. This would be considered a significant impact. Mitigation Measure N-2 of the Draft EIR would require notification of all property owners within 250 feet of the blasting area of the potential activities. However, this will not reduce the perceived noise level and, therefore; a significant and unmitigated noise impact would remain for blasting. • Drilling and blasting would be the most cost-effective means to loosen the granitic rock for excavation. It would also reduce the period required for grading the site in comparison to use of conventional earth-moving equipment and would more efficiently reduce the rock to a size that can be loaded into the onsite portable rock crusher for use as fill material within the project site. Global Climate Change A thorough analysis of environmental impacts caused by the proposed project has been performed and mitigation to reduce project impacts has been required where feasible, but would not reduce Global Climate Change impacts to less than significant. Short-term construction and long-term operation of the proposed project would generate emissions of GHGs, predominantly consist of CC>2. The No Project: No Development Alternative analyzed in the Draft EIR for the project would avoid significant impacts to Global Climate Change. Findings The City Council hereby finds that reducing the scope of the project to avoid generating emissions of GHGs is not feasible for the following economic, legal, and social reasons: 44 Candidate Findings La Costa Town Square General Plan Amendment • Construction emissions would be associated with vehicle engine exhaust from construction equipment, vendor trips, and employee compute trips. Operational emissions would be associated with area, mobile, and stationary sources. Area-source emissions would be associated with activities such as natural gas use and maintenance of landscaping and grounds. Mobile-source emissions of GHGs would include project- generated vehicle trips associated with residents, visitors, employees, and deliveries to the project site. In addition, increases in stationary-source emissions could occur at off-site utility providers associated with electricity generation and water distribution that would supply the proposed project. • No air district in California has adopted a significance threshold for GHG emissions generated by a proposed project, or a methodology for analyzing impacts related to GHG emissions or global climate change. By adoption of AB 32 and Public Resources Code sections 21083.05 and 21097, however, the State of California has established GHG reduction targets and has determined that GHG emissions as they relate to global climate change are a source of adverse environmental impacts in California that should be addressed under CEQA. The proper context for addressing the issue in an EIR is the discussion of cumulative impacts, since while the emissions of one single project will not cause global climate change, GHG emissions from multiple projects throughout the world could result in a cumulative impact with respect to global climate change. • To meet GHG emission targets of AB 32, California would need to generate in the future less GHG emissions than current levels. It is recognized, however, that for most projects there is no simple metric available to determine if a single project would substantially increase or decrease overall GHG emission levels or conflict with the goals of AB 32. • In 2006 the California Climate Action Team (CAT) prepared a recommended list of strategies for the state to pursue to reduce climate change emissions, including strategies to promote smart land use: the integration of transportation and land use decisions. These strategies generally encourage jobs/housing proximity, promote transit-oriented development, and encourage high-density residential/commercial development along transit corridors. The proposed project is consistent with the CAT smart land use strategies in the following respects: 45 Candidate Findings La Costa Town Square General Plan Amendment o The proposed project includes a mixture of housing types including affordable apartments and high-density units as well as nonresidential uses such as a grocery, retail shops, and other commercial uses adjacent to one another. o The project proposes a commercial shopping center intended to serve the daily commercial needs of existing nearby residential areas. o Pedestrian trails would interconnect the residential and nonresidential components of the project and link the proposed project site to an existing trail network. o The project would make improvements to an existing bus stop on Rancho Santa Fe Road, including a turnout lane and bus shelter. • Reducing the project's CC>2 emissions to avoid GHG impacts could only be accomplished with the No Project: No Development Alternative, which would not comply with the existing Carlsbad General Plan and the Zone 11 LFMP or proposed amendments to these documents. Provision of adequate public facilities and improvements, including transportation improvements, as well as public safety services, parks, and libraries, relies on development impact fee's that have been cafculated based on the level of residential and commercial development allowed by the adopted General Plan. Thus, the City would be unable to adequately accomplish its public services and facilities goals without income from another source, for which excess City revenue is not available. The loss of property tax and sales tax revenue, particularly from commercial development, on which the City is highly dependent, would also reduce the City's ability to meet its annual budgetary obligations. B. OVERRIDING CONSIDERATIONS Having reduced the significant environmental impacts of the proposed project by adopting mitigation measures and balanced the benefits of the proposed project against the project's potential unavoidable adverse impacts, the City Council hereby determines that the specific overriding economic and social benefits of the proposed project outweigh the potential unavoidable adverse effects on the environment; and, therefore, in spite of a No Project: No Development Alternative that would avoid significant impacts to 46 Candidate Findings La Costa Town Square General Plan Amendment Transportation/Circulation, Air Quality, Noise, and Global Climate Change, the unavoidable significant impacts of the proposed La Costa Town Square project are acceptable based on overriding considerations. The data to support these conclusions may be found in the La Costa Town Square Draft EIR. The City Council has weighed the benefits of the proposed La Costa Town Square project against the identified unavoidable environmental risks and impacts in determining whether to approve the project. The City Council finds that the project will provide significant economic, social, and other benefits which outweigh the unavoidable environmental impacts of the project, such that those impacts are considered acceptable. With approval of the project, these benefits include: 1. Conform to General Plan Land Use Element: The project will be consistent with the existing Carlsbad General Plan Land Use Element because it provides an orderly balance of both public and private land uses creating a healthy and diverse economic base. The project design and arrangement will serve to protect and enhance the environment, character, and image of Carlsbad. The project will provide two choices of housing types and density to meet the diverse-economic and social requirements of City residents while retaining the present predominance of single-family residences. The development will offer compatibly designed and conveniently located shopping for City residents. The project will also create employment possibilities within the diverse range of retail and commercial uses proposed within the project site. 2. Conform to General Plan Circulation Element/Alleviate Traffic Congestion: The project will include the realigned Rancho Santa Fe Road within the project site. This will result in a better overall circulation infrastructure for the area's future needs. The project will also accommodate a variety of transportation modes as alternatives to the automobile. For example, a bus transportation system is an important part of the project design. Bus stops will exist along circulation roadways around the commercial parcel in order to offer a transportation system that helps to reduce pollution and traffic congestion in the area. The bus transportation system also supports the project site's commercial and economic development, and the project will enhance bus stop features 47 Candidate Findings La Costa Town Square General Plan Amendment along Rancho Santa Fe Road. Additionally, the project will offer landscaped trails and walkways throughout the project site and connecting sidewalks to adjacent residential properties for convenient pedestrian access. It will also offer bicycle racks for bicyclists using nearby bicycle routes on the adjacent streets to access the site. The project's design for alternative modes of travel is derived from the City's goals to offer a balance of different travel modes based on safety, convenience, attractiveness, costs, and environmental and social impacts. These transit, pedestrian-friendly, and bicycle-friendly features, combined with the project's mixed-use development and proximity to existing housing will help minimize the length of local vehicular trips and thereby provide air quality and energy use benefits to the community. 3. Conform to General Plan Noise Element: The project will construct noise attenuation features along planned roadways where needed to reduce vehicular noise impacts to below a level of significance. The project will also include attenuation features to reduce the noise level audible at nearby residences from the outdoor gathering area. Amplified speakers will not be permitted and the outdoor gathering area will not be used for events between the hours of 10 p.m. and 7 a.m.-In addition, no noise- related nuisances will result from the location of residential units near heating, ventilation, and air conditioning and outdoor mechanical equipment. 4. Strengthen Tax Base: The project at buildout will generate additional public revenues in the form of property tax and sales tax, which would include approximately $910,000 in sales tax revenues by the year 2012. The provision of this revenue stream combined with development impact fees will help the City to maintain or enhance police and fire protection, parks, roads, affordable housing, and other infrastructure and services around the City for the benefit of the community. The project's revenue generation will positively impact the entire City and not just the area around the project site. 5. Development Impact Fees: The project would provide approximately $16,244,000 in development impact fees that would contribute to the construction of key infrastructure improvements such as police and fire 48 (pi Candidate Findings La Costa Town Square General Plan Amendment stations, parks, numerous roads, traffic signals, and sewers. In addition, the project will contribute approximately $627,000 in school fees. 6. Employment Opportunities: The project will provide considerable employment opportunities in a region where employment is a recognized need. The project will provide permanent employment from the retail and offices uses, as well as temporary construction-related jobs for the development of the entire project. It is estimated that a total of approximately 976 jobs will be created by the project. 7. Positive Economic Impact: The project will increase the number of people living in the area who will be in need of goods and services that can be provided by other commercial ventures within the City of Carlsbad. The new households are projected to generate $407.5 million in new retail demand, which will have a positive economic impact on the City and the region. 8. Create a Sustainable Community: The project will create a cohesive and unified mixed-use community through the strengthening of physical, economic, and social ties between residential, commercial, industrial, and recreational land uses within and in the vicinity of the project area. The project will encourage sustainability in design to foster "green" development that reduces project energy needs and water consumption. The project will meet Title 24 plus 20 percent energy efficiency standards for the community shopping center. 9. Reduce Housing Imbalance and Provide a Range of Housing Types: The project-will supply needed housing in the City of Carlsbad with a range of housing types, styles, and price levels, thereby helping to meet the needs of the region's growing population. The project will also increase the stock of new homes in the region, thereby reducing the long-term imbalance between housing and employment. 10. Affordable Housing Units: The project will provide affordable housing units offsite by complying with Carlsbad Municipal Code Section 21.85.040. 49 Candidate Findings La Costa Town Square General Plan Amendment 11. Help Manage Greenhouse Gases and Criteria Air Pollutants: Several components of the project will reduce operational emissions of criteria air pollutants and precursors, as well as reduce greenhouse gas emissions associated with the project. Among the many mitigation measures and project design features detailed in the Draft EIR (pages 6-27 to 6-30), the project will include buildings designed to be energy efficient and will site buildings to take advantage of shade, prevailing winds, landscaping and sun screens to reduce energy use. In addition, the project will install energy efficient lighting and lighting control systems. The project will also install light colored "cool" roofs, cool pavements, and strategically placed shade trees. The project will limit idling time for commercial vehicles, including delivery and construction vehicles. The minimization of the length of local vehicular trips resulting from sustainable mixed-use design and supplying retail and employment opportunities near housing could help to achieve regional air quality and greenhouse gas reduction goals. 12. Protect Biological Resources/Provide Open Space: The project will contribute to the permanent protection of significant biological resources at offsite habitat conservation areas through the-implementation of the Habitat Conservation Plan/Ongoing Multi-Species Plan (HCP/OMSP) in place of the limited natural habitat conditions onsite where permanent wildlife resource protection does not exist. The proposed onsite open space features will benefit onsite residents and neighboring communities to support active and passive recreation opportunities and a high-quality living environment. 13. Improve Aesthetics: The project will improve aesthetics in the area through the preservation of 9.1 acres of open space and through a landscape concept that features open plazas, visual landmarks, water features, specialty paving, site furniture, and tree and rich landscape plantings. 14. Increase Shopping Opportunities: The project will increase shopping opportunities for local residents and allow surrounding residential areas to be served by a modern commercial center that fulfills daily shopping 50 Candidate Findings La Costa Town Square General Plan Amendment needs and provides convenient access to goods, food, and personal services in accordance with the La Costa Master Plan. 15. Pedestrian and Bicycle Friendly Design: The project will allow for walkability features for pedestrian access to the site and bicycle linkages to the surrounding neighborhoods through a logical connection of trails, sidewalks, and bicycle facilities. The project will also link with future hiking trails. ] 6. Minimize Visual Impacts: The project will minimize visual impacts from surrounding public viewing areas by implementing a plan that is sensitive to existing hillside areas and providing contour grading where feasible. 17. Performing Arts and Community Gathering Space: The project will include an outdoor gathering space for performances and community events. 18. Minimize Water Quality Impacts: The project will manage stormwater runoff from the proposed development through sustainable design features, such as natural bioswales, that will treat-flows from paved areas before the drainage waters enter the public drainage systems. The City Council finds that any one of the benefits detailed above is sufficient, standing alone, to justify approval of the La Costa Town Square project in accordance with State CEQA Guidelines sections 15092 and 15093 and Public Resources Code Section 21081. Documents related to these findings are available for review at the City of Carlsbad, City Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. The Carlsbad City Council has adopted Findings Regarding Significant Effects for the above project, which identify that certain significant effects of implementing the project are unavoidable, even after incorporation of feasible mitigation measures. The City Council finds that the remaining unavoidable significant effects are acceptable due to each of the specific economic, legal, social, technological, or other benefits that would result from the approval and 51 Candidate Findings La Costa Town Square General Plan Amendment implementation of the project, as described above. All of these benefits are based on the facts set forth in the CEQA Findings, the Final EIR, and the record of proceedings for this project. Each of these benefits is a separate and independent basis that justifies approval of the project, so that if a court were to set aside the determination that any particular benefit will occur that justifies project approval, the City Council determines that it would stand by its determination that any one of the remaining benefits is sufficient to warrant project approval. 52 Exhibit B MITIGATION MONITORING AND REPORTING PROGRAM ENVIRONMENTAL IMPACT REPORT FOR LA COSTA TOWN SQUARE PROJECT State Clearinghouse # 2003041159 Prepared by: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 July 2009 (fl MITIGATION MONITORING PROGRAM LA COSTA TOWN SQUARE PROJECT Mitigation measures have been identified in the Environmental Impact Report for the La Costa Town Square Project (Project) to reduce or eliminate potential environmental impacts. The City of Carlsbad (City) is required to implement all adopted mitigation measures. In order to ensure compliance, the following mitigation monitoring program has been formulated. This program consists of a checklist followed by a detailed description of the mitigation measures. The Project is intended to strengthen the City's tax base, increase shopping and job opportunities for local residents, minimize the length of local vehicular trips for commercial services, encourage transit use, provide a range of housing types, styles, and price levels, and conform to and implement the City's General Plan, Growth Management Program and HCP/OMSP. A mitigation checklist has been prepared for the Project. Table 1 summarizes the mitigation measures for the Project. Information contained within the checklist clearly identifies the mitigation measure, delineates the monitoring schedule, and defines the conditions required to verify compliance. Following is an explanation of the seven columns that constitute the checklist. Column 1 Mitigation Measure: An inventory of each mitigation measure is provided with a brief description. Column! Type: Each mitigation measure is classified as Project Design Mitigation (PD), Project Construction Mitigation (PC), Ongoing Mitigation (OM), or Long-Term Mitigation (LT) in order to identify at what stage in the project development process the mitigation measure can be implemented based upon the following definitions: PD - Project Design Mitigation -- mitigation that has been incorporated into the project at the design phase of project development (e.g., traffic control plan, landscape plan); PC - Project Construction Mitigation ~ mitigation that is to be initiated at the project site prior to and/or during construction to avoid construction related impacts (e.g., dust or noise control measures); OM - Ongoing Mitigation ~ mitigation associated with the project over a period of time (e.g., success of revegetation); LT - Long-Term Mitigation - mitigation that requires monitoring over a greater period of time (e.g., five year revegetation monitoring program). Column 3 Monitor: Identifies the City department or other public agency that is responsible for determining compliance with the mitigation measure and for informing the Planning Department about compliance. 1 Column 4 Schedule: The monitoring schedule depends upon the progression of the overall project. Therefore, specific dates are not used within the "Schedule" column. Instead, scheduling describes a logical succession of events (e.g., prior to construction, annual) and if necessary, delineates a follow-up program. Column 5 Compliance Action: The monitor can easily determine a mitigation measure's completion by referring to "Compliance Action." Upon satisfaction of the requirement listed in this column, the mitigation measure is considered complete. Column 6 Verification of Compliance: The monitor verifies completion of the particular mitigation measure by initialing and dating in this column. Where the "Schedule" column indicates annual or other ongoing mitigation measures, verification of compliance may not occur until completion of the project. Provision of all required signatures within the Verification of Compliance column signifies conclusion of the monitoring program. Column 7 Remarks: The status of ongoing and cumulative mitigation measures is to be documented during each visit. The space provided for remarks is obviously too small for inclusion of the remarks. It is intended that this space be used to indicate whether there are specific comments pertaining to the status of the mitigation measure. If there are additional comments they are to be attached to the checklist. Progress reports are required for the revegetation program. Information provided within progress reports will be helpful in the development of future mitigation programs. This program is to be adopted by the lead and responsible agencies upon formulation of findings in order to comply with the requirements set forth by Assembly Bill 3180 (Public Resources Code Section 21081.6). 1 *Q* cu V 033cr c£o •4-t»O U -J ^ot*"* en4*k.3t«S3S Se .2 w .— 1 "«.0«H 1«E £ ^"o g^ ^j <= E !i'u o **u U e c_o '•+3u< Vvc .2 "E. oU .= 0>J= £r 'c S 0. eu ^3 CA «01 co C3 .t: S 'Circulation_o 'S^rfL.ca B2 H - 0 U o •o'3Q. "3 en C_o 3 C8 « | g en ^ .is c[2 t^ <~o "3 Sa.a. o.CO CO S S si £ •! CUD -t-t C C.— 0) "S g E •T" QjO ^L CO C 1>O w Q 0a. S •CO en .en «> 8 en C O uni^TStf <L> d>^^ i-i •£« g^5 S 6° §J lilll o|l |lil|| o g^^"o — ^O — ""^Q •'Sm E .1, | S .£ "S S '|j g | ^ t3 | g Cl ^ £ £ §^ § c S ^ „ ^'cF'Sb'^o iitiiiliiHitiLS'ffit2t4~4S ^O"'<-'(4-<|^-i ^-^ C V)Q ^•ii e 8 ^ 1 "3 1" .M J 1 1 £ 'I «°^ > G ^ c3 ^ P^ •—— *7^ *~" c/3 CM o^ Q c3 ^^\ £ -a 8.S2fS-So EO a <5 a"a 85? —< H ^i "s 3o- .^< = ^ 1 M "S "a. a. g u '3*7 1 1 1 1 1 « s 1 f <s « i 1.-S ^ * " 1. 1fjjjijj j|| a°c)g^'2'S|>s ^^-^iftiiliift'ti OO^^1> 1^ i^t^j^i C & I'oS o •- §£1 Sf<s"s- 111 ill U ill l| ^^^2"^ ^•&"M"^ a" c 1 1 lillllll II cO _c•"• *fl C a.) d* t+_( O * o f*^ S2 O ^C 'p .— >^ *^ S C *T3 ^* C^ u 2 S o,A r^. G w ft•-22 a IH cx £ 2| 2 3 o 'C '5 *n o j= OH JD CX« CX *-cqj "Q W) g -It o E Q M O "8 <2 1 fe S'S o u ojg' Eu §• § "S o 1 « 'S S 'I -s S E ||.So^ •So.o1" o ji. 53 E 'is *"-o'^i^s0!^ -g u •- ! ° -i °- = Jo£'3.g^^ -1 s "S | 1 ^ ° -S§°u"§.'q6 -S.SS0^"^ • llililillifllliil!ll!ilfHlit|i!l| *T? ^^ « *-• r~ O da lf~l, S3 7^ gj j« O B« j~] fj <t3tS ^ ^ ^ C""^ cj O vi ^ r™1 w Oi f"*1 r^ vi "is (U U *t— ' C ffj£ x 5 g • • •H xj -o E i— 6-< £"a. «3o-CO B•f0 OU C3 *"• O VI 3 es ^=o 03.S? g ^* *- H iQS o v £s u ao = Q'•C .2 S s !i ActionQ>UB.2"o.EOu _«"3•o ^ CO h.o •"s cu ^"»H Measuree^o'•C •1° 1 ^ T3 O The applicant shall require that almaterials handling equipment operate'by the businesses within the facility belectric or use non-diesel engines.• £>'o a o aj _ v % .£ -^ c4> O *O W "O '^ £j CX £Jjj ^ o "o <rt ^- „ (5 P > <_;C i bJQ ^-» *-" W «>1— !z c G o> "" i> (U *^ •— U _C 1> t*-H — D _0 g) (50 'g ^ | | "S || | u • — c ^ *^ "^ ^ SS . 2 J[ So g 1 il^ll1!•ti ^ a- OO o> o OT § •* o .E g ~ •<g •§ -g 53 u "S CQe i g ~ S S "° •rt o ^ fe O QJ ^®c c g ° u u <g O « 5£ 2r ^- x> w"> D. C .— t. _ !"« E E = .2 13 8£ 0 0 C > J; XH O O T3 CLi crt (U G 10 T3 «•C c E cE -18 58o S oor s ,so u "°•c ^ 2ft. o oo 00 —c c"° 'S 1 •2 e 'Sin .S 53— 00 g. CJ (S Q CJ OH ^_i T3 .2 E "S 1 E 15 «nO =1 .a 1 2 ^ 1 •§• .S ! 5 c iprii{'yii!iii=il1 .§ .§ 2 '§".§ 1 1 g i a 1 1 1 1 < "a 1 1 1 1 1 1 1 1 1 1 ^ I ||i 1 1 1 i I Q u^U CLOT^ o^j'^ u, «'«•— -o w ^ &J3"O . z _ u o c =3 J3 < ~ •-a ^ . "° u -a -a0 <g M^ g jo U | 11 1 1 1 1 ! 1 1'>o-o ^g ? "3 -ft °-OU-lIn U O^^Ug_fN 0-° £ TEL »3 ~ § f|||fe8|f| |gSg«_o2^2 g -^ u G ^.2 S^^ c'-^•ji: :§ g'H."0^ §M § •o±; o "tLS^Gs | 1 j | HI || « Q 1-3 cQ pT-] ofl C "^ 2 •S^^Pe^J'f^oo_u S .5 S Q -n 3) 3 .S "S o* ^ -^ oj en S C '^S S.S S -5 -a § 8 S c^o ^CrtCoo1-,ac_ oo *^c c "Si 61.11~ oo a.CS C «U U Q 0a.property owners within 250 feet of theiting area shall be notified of the blastingvities (for noise and vibration impacts).s notification shall describe expectediod and frequency that the blasting willur and give a contact phone number forquestions or complaints. All complaints11 be responded to in a method deemedsfactory to the Carlsbad Planning Director— rrt '£T '3 t- O ?^> (^ ',£3•-J-Sor^ 0 0 Cj^tS<,,jDc3t— 'G-Owi/icrt z 1'S?0. 3<T1/1 e a oU C! J jj V)Q>U 3cflaa> eo a •2? "" - ja H 1« E £ "3 „ SB u a ,1 = «c S .2 '"" 1LJ •*" > «1 Compliance Action« ^73Q>fUC0 o 0 c. H'ion Measuren .2?'+rfi Sound walls shall have been installed and receivedfinal inspection.0 ^ "3 1 o '^ •—l&lio § g S.t! o- E °°.2 3 1 ~i- o o "^CL, 0 0 — . 00 uc c « 1 1 X^ g tg"H 'oo n,S c uO U Q QCu 00 Minimum 12-foot-high sound walls shall beconstructed by the applicant along the loadidock areas at Buildings 15, 18, and 21.• Z Compliance shall be confirmed by PlanningDepartment investigation of noise complaintsassociated with use of the outdoor gathering area.i> f, ,o S i_•B S 1 ^0 00oo .Sc o.'§1Q M , . C 1}•o oo art C S c/i £ cd ~ § °" U E Q sO Q•n S The outdoor gathering area shall not be useifor events between the hours of 10:00 p.m.7:00 a.m.* Z Developer or contractor shall provide satisfactoryevidence to the City Building Department that noisefrom outdoor mechanical equipment would notexceed 60 dB CNEL at the proposed adjacentresidences.!/->o ,2 - _ 0 2 | <N c "? PL, "q 1 8.1 2 "^ """ C ^^•IllsCL, J2 U r£ ( . •o oo S £ •£ tJ2 2 * S3 3 &U CQ Q Q0, oo When mechanical equipment plans areprepared, the plans shall be evaluated for thbuildings on Commercial Pads 15 through 1and 2 1 to ensure that outdoor mechanicalequipment noise would not exceed 60 dBCNEL at the proposed adjacent residences.i/} Z Prior to issuance of a building permit for the noisebarrier, developer or contractor shall provideevidence satisfactory to the Building Departmentthat the noise barrier meets the design requirementsof Mitigation Measure N-6.i__o D. O C c -| 3 E o" .2 & §" 00 O.2 e 3" -3 ° 'C '3 —CL, X) 2 t . C1>-a oo g •M '•& 1•c r= a.a 3 uo a Q QCL, u c £A 5- to 8-foot-high noise barrier shall beconstructed by the applicant at the top of th'slope along a portion of Rancho Santa FeRoad. The materials used in the constructioof the barrier are required to have a minimu• Z The noise barrier shall be installed in compliancewith Mitigation Measure N-6 prior to occupancy ofany dwelling units located on the most northerlystreet of the single-family development site.The interior noise study shall be completed andapproved by the Building Department prior toissuance of building permits for second story unitson Lots 34 thru 48.* « >> -2O t*-< C 0 surface density of 3.5 pounds per-square-foand may consist of earthen berms, masonrymaterial, tempered glass or a combination othese materials. The barrier shall not have aopenings or cracks. An interior noise studywill be required for second story units on Li34 thru 48.tological Resourcese0« £Prior to issuance of the grading permit, thedeveloper and contractor shall both provide astatement agreeing to comply in full with MitigationMeasure P-1 during grading and construction.Evidence of a contract with a qualifiedpaleontologist to carry out the mitigation programshall be provided to the Engineering Department00c 3 !l'*""' i— ii sCu o 60 4-.s g "S u E=ro TJ *• X7 S t<n .5 (B"i % &O U Q QCL, "3 —U t-As a condition of the grading permit, thedeveloper shall comply with allrecommendations stated in thePaleontological Resource Assessmentprepared to the project site by Thomas A.Demere, Ph.D., Department of PaleontologiServices, San Diego Natural History Museu. o.•n. U •5" £ 0* 03S C1 C/5 1 a tno U OS kl 1 3 a*S e to 03Bt'-Ci V A03H 1 03E0OS <•- &O 3} " J 1 a 3 a-<= E .2'E ° ±:** W c _o t5< UC .2 "E. o "3 1CO ^o '= 0 2 a. H"Measure_e _M 1 o ^S c5 fa tj c 'H c „ oO 3 o O OB ^3 a. 5 1 1 „ 1 rf 1 1 1 '1^^ § Eljj °Si | D."x'§t2t2'5 c-=hft ^* E .^ -_. cj o wc^.SS | SISJ-B^ ^ o -2 *" .5 -g " c ca M'§ ^-fQg S "° *S •1 „ "8 '35 .1 " 8 1 J 'O'M c'l^'t^ „ ^^ o eS-c'u "T3'3icl'c o 3.£?-g •* 3 c> ^ 3T3 — l£^HcLC^-»^"T3en 3 M o fe x" '"" ^ r^ '"* "" 'Si <" 53 u ° "„ a 2 .S •£; ~ <S tj "« ** en"-HI mill * >>^*-w ""c-^2. ^c c e3 J^ crn '4-i'5o^ ^3 "rtjiiDc ^u'*-*^ -(_» "S_ w 1 e|sl|d|l l^l^g-ol |'l i|l 1 1 || ^ . T3 1 i §" 1 mil(Nj C3 ^ G J.H j^jj . ?"> 2 OJ) ^^ ^i • *~" •*~' C3 ^ ^s U C* A'-jr^'^^vo^Ort >O +-^ <o ^ " ^l-all^l-a I 'i 1 | -f !• 1 1 ^ ^ S §. 1 1 'S 5 |> s 'S J f £ !* | W Ci* C3 r^ 4J O C r" X | 33^ ^* S" ^^ "^ ^^ ^ ® c C^ ^ O "^3 L. o "^3 O !!£8£§<s&'r8<fti<-S33e!8is-§£&!8iS§g.£g.i8.s 0> flitu ^ * • • • -I'd 1 'o* ft. u 3 C" c H •** o U V}0» y>«O) e C3 •,c§ t ^* XIaH aEV OS **"" aj O Q^ ^B W « O ™ U^ .2 | |li u n e.2 ^V B "5.EoU 4» "3 •g J= O 'SoS c. H"i Measurec_o auo i « US 1 ?!!,„ jj ll18 -a • 'Sollil|is ]lil^i|!i?1 || SHI 1 Ullil5| • • • i B3O"t» C 1 0 U _i & u 3V)2 c So i "« ^ a a! ^ V e u e>0 g Q '•C .2 u CL —c E .2'C O *•| U e c_o ts< VCJc .2 "S. 0U 41 "3•a •i</5 L.O °eo S c. H* Vh. 3<wa S eo•^a .£?Ss VI4tSi3 0VI01es "« tO 'So 'o S o = -a _2 .23 « _ u -c § "^ H c "^ fill IP is,ill! iliin" CT3 y5 OJT3 tj 3"7; "ojBSiQog,"!!' jjjjjjjjjL If I'slll III" l|Ililj|||| c/j Si O o G iT* ; l C +j O C •+-I O J3 *^ Kj TO -^ O 2 ^ C9 IllllllililQ.-OT3 o c £ a, 3 8 o2 c "o3i« C0 o u, CU flj •0 M c^ c S-9 '3 at/i 53 ro "S 1 8-0 E Q o q_,(_i "^ rti O *U y*O afi-C"7?O • — 'Scooj O ™ — Q J>-^f-^i>aj V. « S «fip-— t>.22 rt*^.— r3'^:-^"^*^"'"' S c14"1 S"^ ^'S £o*2 C > -T3 H 'tS -O •*-JQ.crtT3b33-|-'C>'>s>-iTi;=J3OroQ. TO1" 3CS'~^2--i:d4>£3_§tnC;>^^C§'«niT3^£(L> J£ ti "-^ C ^ O "^3 </)Q"3"oO'^'r- 2 <D"O ^ d.(J CQ-2 ^ 3 o2"S«i>^':C-St:ijo'o.St3 ••^cxci^c:<!c§c3t:ijD^Sc^ c ^ !t2 gfti ooQ-S^o « .ti c £ ra w '3 'C • ^ •£ -2 .S o >> ^ l!l!ii!!!ill!llil!ii!i!lii||| ll||||||l||||i||gl||l|| "T e G'OV-i^-o^^-j^^ o^^kDH"^.^-0"" !5 "B "ed tTl "^ 'O **^ | co .g ;| | 1 | | o a? |2 £, £ „ 2 •§ 1 | || S -c o | | | f-< *o i^ j3 CT" c t« .^^ /tjj LM "2 • — " ^ ^ » J3 bo ^ o ^* u ^2 . « ^J a i or t S O* ^3 U ^ fO ^^* r s _C *5 O ^c "• y\ r) .^ tO _C -a ^ S r) "Q^ ^ G^^ ca vi TO i-i »-i. 4-i ^J v«/ +j _i— c/j ^«j c« wij ^— / ^<. M-* *-* ra i-i- ra \*s i-i« ^J i— i-J pa oo 'o1 £ 3 t/> 1 0U 2 <2 en 3 C5 1co .Si" M - H -Ea i **"* <u® 4> -2 = S 5o *• Q S a _is E «T o 5> u is pliance ActionoU "5•o j= t/3 k*O 0 C. H tion Measure.Sf•^ Z ou -1-1 xj= t5 £ -3•" J3 3 >-i C0 - OT c ' 0W u O '^3 O 4> '.£ ft l- <S O ''"" limits!a. oo g ~ «; U"S b u •S g.S « E'S'I""^ -gT3.O ^ OOJ^ C-t! (U HU > oC-T3m Q> <c o o oc c *.n5 S °1 s SU — enC 0 C e C °E 0 0O •= k.o ca o O t> BO*" °° .So > "^ ^ V-I ^a. o oo 00 ~c c •o 'g |I.I 1S g>&o w a QJ CU -a o >, ^ u ^ "gsS^-|t?|iEsi^"S'u:'S«SBo-o^<ol fthrS ^ I— O ^*^3"ti O v:'c3t*-1 y rt'5^^ ^ ©*cd'*-^ r- P-Cou4_,guiQ>*u.3ro^^ji;^;Q>j^giT3Q^'^CG-4-) iiilHiliiiiJliiliiiifiirT'C C C3-^V~) W r^-^r"; Ot/l r--2s 3'?J P >"<^ Jrt*« 1>ON QW > OfiCr^""* C"i2w W C d>.-3 CJ O"'^3i3cd'~li-<Q C~™ (J (Sn 0 £ ijj 4> *;» i^~» ^ r-"* "5 S Cl"M TO (D f4_l *O — C g<o--S-^2.2'3 •3S8fS|-g(S^.«|§§l|^a Sg-al-B-i-SstSSaseucceS-2i)Q4>iu£3 E^-sC1-1 BO^«' S B "" 2 ' n °* <I 2Isal^N^SP-SfH.iS^SSlililisil c §<^ = "S J3_g-u §3 *- o 2 -a O -c -silylUSi-f 2 tl t§^S-8S.2^1gg-§S=i5k. U.2 u 2— OJ3'50.-O-O-0 0. O. 0 OT 5 co 03 enCO O*-* .2 0- *— >c TT BO g03 C £ -° 'c *" •C S 0,3 ^ uO a. Q Ua. "So: 2 Both creation and restoration/enhancementactions are required by this mitigationmeasure. Impacts to the ephemeral drainageswill be mitigated at a 1 : 1 ratio for a total of0.26 acre. Impacts to the riparian scrub/seepshall be mitigated at a ratio of 3 : 1 for a total0.63 acre. Prior to issuance of a grading planor other disturbance to the riparian scrub/seea restoration plan shall be prepared by thedeveloper and approved by the City ofCarlsbad Planning Department (withconcurrence by the Wildlife Agencies) priorf^ M 'I u0333- e o 3V)0UaJ L. cS S« 3VI83V S.2 W § -- H stE £ a u "a.2 ga S a.-<= S .2 'S u -~iance ActionCL 1 •O4*fu1/3 ^'E1 c. H tion Measureif '•*£s « 1> -—T3 3 W disturbance (including grading) of thedrainage or basin areas. The plan shall inclumitigation for impacts to waters of the U.S.These mitigated areas may be satisfied bycontribution to an approved mitigation site,where impacts to state or federal jurisdictiorwaters (as defined) are mitigated in an AGOCDFG, or RWQCB mitigation bank.„. — CQ J3 " ta 303 W i § J III"> tS CC S •- 00 — *•*C •£ '55"i '? §& 8 s T3 S Sc .2 -fa03 • — ' w III~ 1_ COS 2 oo£§•§U E -a 00.S 3T3 1 '- 0 3 '§ §a. o oo *2c ci % if— = 'Us. O CQ 1 W Q i , 0 During construction, trash that could attractscavengers that could prey on sensitivewildlife must be maintained and kept to aminimum. Trash containers with animal-resistant lids must be provided on the siteduring construction. This measure shall beincorporated into the project.•* BQ o J -g o •" 'o •§"Si § S-.S(j -j3 =: u fli . -- (Xp i U* CL) yj 2 | '§ 1 g> « c fe.ou-5. .-H U _, 5J ^fc S 2 > «8 t -o '« -3D. ^ U g g = « g C — S * = ^ -S 1/1 S c2 ° T3 S 1 ^ .2 % & « ^ ^ 3 — CX O °3 WU u •!= en X)S Q S b s•0 M g g- g 0 •- T3 JS 73gj C <L> OJ —3•§I8I|0* 0-, D. JC tn 2 oo Q, W- C •5 '§ S « ^^ ^cfl *O -£^C C (<_£ ro Oo "i s ws S Si•c & 1 Ba. ca .2 D. cni T3 00 e* .s |j - 1 a. U E Q Q OH The developer shall provide all projecthomebuyers a list of invasive plant species(Cal EPPC List: Exotic Pest Plants ofGreatest Ecological Concern in California,October 1999 by the California Exotic PestVI GO Town Square Projectcs<fiou e? \m•2 8VIH3ifi Sc.2.« S3.£?"+3 5d U_Q CO 2UAS £ o.Sc u elo g Q'•C .«* "5 —u O- _<= E 2'Co**« U |S c_o +-u< 4>Ue.2"5. oU V "3T3 V.Cut/3 uo."Sc0S Vc.>,H tion Measure« _OjO 1 Additionally, the developer shall provide a draft ofthe proposed'CC&Rs for approval by the PlanningDirector prior to final map approval. Prior toissuance of a building permit, the Developer shallprovide the Planning Department with a recordedcopy of the official CC&Rs that have been approvedby the California Department of Real Estate and thePlanning Director that contain the list of invasiveplant species that should not be used in landscaping.u gj <L> ~ C3 > £ *« = ^ op! «£•§ 5ss!£«!!!-i-S-i*!i83 C 4> <U V* -£> , ^S^H>C'4~'^tjlWgs!|ili?ils|" — u >•< e ^> -2 <-> •*= 2 -a «3 U « M| g£B.2 > go - g.- S-o'l.!3 §flJf»!3?|r»13I &lli ill! 11^1^•s.f-s^'gl IS «•§;§£« fUBs--;-g|s8"-as=i=|g„ o .0 S a — lSojac«i_J2-">,^3u'542— ">c_2c0oca<uo,!J-S'-•' ^3 — * r, j_. . -- -C >— • O . — . . -T3 f^ ^ C3SS^Sg-o^-g^^o^So^ o— ^0>S^ooi-uOTro.W<-> .S S3 2 oS^ g-.SS g S. 4J §--3S-s-slilieigS'aSeaES&uJS.BSgS.S-gg^'S Project developer shall provide to the CarlsbadPlanning Department a written description of theprocedures to be followed to provide all projecthomebuyers with information on ways to avoidimpacts to conserved open space resources in theproject area, prohibited activities within conservedhabitat, and a landscaping and fuel break plantingbrochure for distribution to homeowners andhomeowner associations.4—io 8 S C 'ca c3 h<" H<n EX S n o 1'd 3ft, A Gfl>•o &o e=3 C CIII cd ^ QJU E Q Qft, - *v ^y 3 f -o 1 2, § ^ -o > .S 2 3 H ! E £ 13§^ c c illll ill f!»"PScS ow-S SfeS1 1 g 1 ? § a -i f | §p | | § fS s all.llllll|ll uii^ffl'is.— CX-nSuu MA i ^cd b-^2^ §.l|l^^.S^ S- i-~--§c:3-S3£co«Hfl.tl!i!i!!il!il^lffi^-sl^jl^s S ^ o 1 " g1 fS § g^-§ s. • ^CQ iogyAVater QualityoL.•a>)Prior to issuance of a grading permit, the developershall prepare and submit for review and approval ofthe Carlsbad City Engineer, a SWPPP to controlpollutants in compliance with the City's SUSMP,General Construction Stormwater Permit, and the00c:'m3•o •0 c C °03 '-S 0 g'T to .2 1u- oft, 0 c c•^ '5 p« s> sxi s t:<« .5 <fl~ 00 O.cd c wO w Q Uft, =^ Qft. S ca .« uT e ==> (U C >u u S 2js ^ .5 BO a Prior to issuance of a grading permit, tdeveloper shall prepare and submit forand approval of the Carlsbad City EngStorm Water Pollution Prevention Pro;(SWPPP) to demonstrate that pollutanl10 £It- •wW .**"o*IH d. ^ 3cr e« C 1 •**V)OU 5L.*2 V)SM 3 VI83S co w> 5 . 1».0 H J2u £0OS 1^,o o^ ,2 ff W W.2 g a S a_ S | .2 S U -| eo Ji V c_« "5.EoU v ~3•aV en u •M 0 s ft, H1 = VI 93U C '•C .S" 1 T3 c3 C "o 5'i^1 1§ t2 oIM *-" ? '« S -sg §«l 1 sBS •— 2 . O flJ _O ^ ^ 'o =s — ^•g cd pj w ^ 1> 'r- OT — rv ,*3 <L> 2 0 Sj 3 §1-11o -8 s e *• -3 <L> t2*"* bfi "^ i> ' ' P ..ri <utd >5 c2 T- ^3 CJ-— "^"PS^ T4"aj^^ XH 53 i o"o^"tf-^c3c— i^ -^ 5 c na" "S S "O a> v- t— « s c -i* QJJ .2" ^ -^ t^ — ^5 "a5^&* CT* lilf! iii iISiiilil rill! i|l! ! flllllilllifflill lililJilll! ll?il!5i!liiiiil!illlli|tl!|1| OfJO'tjJ'T^S^'tJP crt*x3 o '"- O ^ ^_» 1) 1> *-"^"Q c2 ^^ 58 ei ^ o ^% *r^ c ^^ ^i "7^ _. ts y to *r| c/i *o i•*— ' •-• o -i 3 ii "* l™' nj O i O cd y ^USUCNiitN §* § E.S UC/J U OB.S cgl SI o 1 g-J S > > "o u EI i-ss-sg; O, ,_ <g « ra C ^ (— t- T o "^ **o >^ — > <f>CS (U O Cj2 5 > " 3 | <| -S & "5. U .i _g T-J g ,p~ *^ ^^ c co -~ vT ™ 45 o ii Jl u g 3 'c 15 ii E<« O. u ^ ••"•2 v. £ ,0 C 2 S §•- 8S C 1 1 > |tCU 0.-0 S U 60 3•a ^ o S3 Vj 2 2 O*~* {/I._ Cu o0. o 00 „C C•£ 1> 1 .1 S*H OO CX O u Q UQ- °\5 QD- ^ u .2 € •3 £ £> J feC 2 O-18 T3 e of permits or appivate right-of-wayr site developmentprepare and submitoval of the Carlsbao *-• o •-•§O. " S D.tT 23 ca a3 O C -C « •8 S 8 5 1o ^3 « a rt « 3 > 0 %pill a^ o'I tu CB3O1 V)e o a enOU CS £ VI CUU3 CAW =.2 a .2? S ^ "a* « re £ J.PS a _« E .2'E o .t;*> U c Compliance ActionV 3 13V U o 0g a.£?Measurec.0 ^s _M'•^i i>.0C p_ ll u -a i §5 </3 "O *-^<u tvn 11C "> O "Ha eu O.0 t*-« en CJ tl 1 f | j, "g 1 "S •Hflilltjllff llfltii U-O-SuS S -O O, -O en •&> .0 E ,-ti c • ™ ra <j^ en 3 O J= fc u Prior to issuance of permits or approvals for an)public or private right-of-way improvements ordevelopment plans, the developer shall preparesubmit for review and approval of the CarlsbadEngineer, improvement plans that demonstrate 1the project is designed so that post-project runo:flow rates and directions do not exceed pre-projrunoff flow rates and directions for applicabledesign storms.co.S *• 0B co0o !_<0 Cu OJj «c c "s'S iJ3 r^ ^ ~ 'ob g. CJ tS Q Qa. i "aa\ o Sa> . -a rt •oject shall be required to show that it)mplies with the applicable/dromodification provisions of Order 1)07-0001 and is designed so that post-•oject runoff flow rates and directions)t exceed pre-project runoff flow ratesrections for applicable design storms.CL, O .C (N O. C T3 J3<S O1 ^ cd d> r-Project developer shall provide to the CarlsbadPlanning Department a written description of thprocedures to be followed to provide all projecthomebuyers, residents, and business tenants witnotice of procedures for the removal and properdisposal of toxic and hazardous waste products;oca **-* &e2 ° >- r- 00 3 'Cc Jir ra rv i«o o .S J= "• o•^ +o F^ pi. "Tj M-4 a "- ~ r- S C"E .2 3 -S M oO *-" -^ ^ r- "^g o.^ « g u ti CX ? .S *3 D._ e« 1) O enS E g .S 2 .E o "3 3 g S 13'C C en g 5 cD- IR .22 D, o C en C T3 bfl bO cc3 e c S.£) .~ .— •£en T3 C ca~ ^ T;, g D. 6 CQ 1 E Q t-J ca(4_ CL> OOO > C jonjunction with the sale, rental or leas<idence or business property, all prospecners and tenants shall be notified in wriaugh Covenants, Conditions, andstrictions (CC&Rs) that they shall:£ H I •£ &t'*?<y£ Town Square Projecta oU 2 u,p X i-3 aV eo a .Sf'^i*"* .0CSH 1 | X **"o g^ "e g s •.B .2 52."™** s3 ,2'U O -M > u £Compliance Actionw ~s "O V t/J tlo 'Eos a. H" Vj_3V]CQVse_o «_M 1 (O •- 8 c§ ^2 .> « "3 3^3 S o -a a Mu o- -2 -2 •£ o•= i_ -S <-> c oIISI^IHo-r»!.Cj: >- M u.a 1 3 M- « s a | XO-fcuSuc" 2 |«|^ b |5 1>> a 2 ~n j: .S " exSog-^oE^.E tS.S^'S'a-5 a uo « t: «- i o g>yan^ow r.'t~'EV'£7G«T3 « « S bl|.s:s||§! .a &2 s^ffl 0--S §81=^111 llS'slSs.a' •ilSl^SlS1 '£ 1 B 8. 8 I 5 ^sliuliJ "O niu <u « -c S T3 *" "S •S *a ^ o.tfE'S-^'S ^ enen >^ .S§cn3 <w -^O i- O 1> S c £ex <u u3 T3 CXu 'j; oo « Co H ex 111 111 *£ O *"' "^ 5G "-" ^ "3 ,-. c3 '" Si O >. o .S C O, Kl "^ rn c\^ D — ^ r" *-' ^ •«_r-^ • ^ U k. Jx. ^ ^ ^ c f . .yT ^ C >^* V) " C W CtJ ,—, C gj ^^ U ^ "5 Cd ' "* C 111- !jlf!l»i IS^PIlp JllJ-itllil •" 2* ex ^ ^"-g «* ° i "ai" -2 6':2"=l«--c'° S = "^S ^"°-° c1^ S ™ ^ * "e ^o-^"o ^ o "e « „ 2 -s c -Sucffi'S CQg^SE -S^^'c'CQ&S^,^ !S"3^o.«'><:::!«>2::!o8'a-2S"U:2 xuu> ^c^g°-4>Q5-°£i.0 o ^ ^ "O Q cv i« » ^~^ *-i _, S3 •••• '~" S o^ o ~™ Jrt *^ ^ D. *"* ^r^ rs *-2 wi 'S "^ 5 •*-* r^ O en "o ^~» si! '-^2 S t^ c^ So C t ^ ^ f P ^* ^ £- - ~ *~ C^ nj ^ ,4~l •"• ^ tiJ W-ocxS ^,caoa«cnmT3 J^^^oncxWwo.- uSoj'^g.gJ^g-'g cd >^ o 'O •*•! 'o"i 0u 3o-COI •*•* oU ,3g> E3 53V C «.2? S . "w X! H11 i £ s*.° « -M[3 W CSQ C Q VC .23 1-S 6 .2^ <3 '!> "1 Compliance ActionV 3•o .e 60 £ .^ 9S VC. H ion Measure"econ *J S 'S60 •oees b£o~<a O ifiisWiS 0 '£ g".S " ~ S 8*g!g-ni88-S± kg-«go:5«8g •"Sa'Sbc^'sl'S ^ 11 ill sll 1lltiiSiii! S "*"1 ^ LL+i*"™" ift^- (U-^T3 c/ij^o ^ OJOo ^ "^3 w[^ 2'i3'^)t5'5 ^ a 0u co 'E 1 8.o oo•^ c o ••§ (X 00 60 <-.S S•a § s•s I iT: bfl OH u u Q u(X o?i Q(X o -a c r- . (S" OOo u -^l- gu'g§ ;§ r^t:=:j,,0'''' §c ||J|1|V||3|||||||| ! COO V)•a aIS Project developer shall provide to the CarlsbadPlanning Department a written description of theprocedures to be followed to provide all projecthomebuyers notification as part of the standardownership disclosure package and CC&Rs that theirproperty is inside the Stanley A. Mahr Reservoirdam inundation area, and is subject to flooding inthe event of dam failure.Additionally, the developer shall establish ahomeowner's association and provide a draft of theproposed CC&Rs for approval by the PlanningDirector prior to final map approval. Prior toissuance of a building permit, the Developer shallprovide the Planning Department with a recordedo til "_ .£•_! E- — *°o 3 o <2 ^ O S '3 2 o. = c IX §".2 0. c/l C •O 60 60 Cto c e fi•S 'S ^3 1 ">g § T3 ^ g-u o- i pa Q Q0- »® -o-S1u c c 3 -n8 7= .2 •- c oo'~ 2 u•S|t32-o?r>i.S?? ." ^ g &.s^«gg«-2^i § a It ^^l-Sss'sIa i^ &-* S N 1 5- 5 a «£• § b "g |g g.§ o.i|-g 83 ts o 1 «>2 oEuglSg'SKl.Bs .S.E22 R"S H " CJ S ^ -^-2 °» "2 -a o°['™«W2'S3 j=S»>-—s|i|||i.S|g||l|milnmim•s-sgiuBifjsl ilf° c^^S'Si-acn^at:^ •Sc!3tc32P §1^ » § g| g-52 fc l-Sl Sl-H H^lfl t.3<2!^ES^^K^^^S go^^=3i.SaS'«§«« gScju<Q<g.g.^.S.SK-SQSO'S —3S u '5*^a. £633O1 C«e o 3(/>OU 2 1 &.3 wJlJ B.0 ts •-c1 i .a H •3 Ia*OS **" a» e ^ <5o c Q 5* "5 —« Is -C o — o **^ y «uB_n Q*EoU u"3•a .c: Cfl L.O '5o ua. H ition Measure_M ,"tis 1 * _o i^ ,o S»-. ~ <<-* j-'a. c c S3 «Il §S 2 S '•§.SuSl 1> -3 O 3g S c c -e «! S 5 -4-* t*-( -5 C^ 2 c •§" c ca <u"3 1> -S J3tti C g «^ 1 8 ^O ca «j .2u g-| g cd O ^ w 'S 2 2 S3S 'P H *-^ o .2 ^ fll -^ ^^ *^J:- "c3 ci o -•, •£ t^° I g s.c. ca o8 ^E a.approval. Prior to issuance of a buildingpermit, the Developer shall provide thePlanning Department with a recorded copy ofthe official CC&Rs that have been approvedby the California Department of Real Estateand the Planning Director.1 Climate Change£o3 _ .2 •* & .5 ooX *4> '^ '*^ •£- '"" G 'E=3-oo^'~~c«« $b '§ « ,§ si'dj •^uO-^t.go.u Sg^l 2-S^" S -C _ cO E*--£*>H.4_j C —s'g!^^^ ^ s^> §• *- g ^c'Sc-c i"«S ^ r7> -a •« ^* c3 -— ^ £ o "Q c/i fc- ^ *"*i 2fu. slS2°sg ^ S" /-? |2 §J!i.S § S'S^•3_ K'^ ^2'S g-S , . U 2 Q •*-" ••• "2 ho ff ° ^ ca'i' a-03'-i=5$> K &•&, B n u T3 'g .2 ueg ^— '***' *^ "™* ^i C fll """ ^^ ^2 .2 S / v '•E °^ ^ "~i ^^ c « 2; O S g> ^.c -a S|0 ||||:||| o 8 S§ § S D. 0 _|> o —'£ 3ft. J2 trtc t3 00 OO Ccd c c £ •S 'S T3 'S "g § T3 ^ g- 0 E § 03 Q Qcu oo O u M oo ao •| S " 2 « S -S „ „- S 5> •§ t-h hi Mill illIlllSSU |?l 115 lNg^ 111 H"?^|gl°S .S§§ c^cJS ^u'Bo'2 c^oi>j3'i3p;5TOP-CJ •*-**!:> ^cd— fc- cj ,-• w i^T^^f!| HI llif! 1 !c~-a_~SSu> SEs c=uS oc"c3'-M xcq;3§|8*S-S|..jaSfis J.*|d|,8-a'il fftS!^11jii!!±!^isi^!|^! egg"r^^^^^G-^X^ oT3O----oo-i3c!.2cSp7:cu*3t— op .-rjc5so « — ^'5! T^iSSb'O^ u u j- gp^JT1" > S S-S — .£•St:<«cr"5c3"_2u't!t2c~>>3;!siiSt20T3gSury'O3 =:gc3U^>-c-°"5.tue03S^^ibxc.Soccrg^>Soa'c^ i^ O \_t fi i ^"^ >-. ^_T !• ^^ O -O *O VI D W ^^ O ra ^^ C ^ ^"^ O W§•1 a « S.JS's « 1 g« S e s'gs 5's1^ 1 .F^CWO.wCcdD.OpJ^" fN rn ^t »o d 6 6a au o I'o1 £ 3 i/f C E- sU ,3 L. on4*t.3V) 4> B C5.£?*-Ci 4) OS 5Ui£ ^ eu0 a % o | Q H= .2 S a _c S .2 £u| B_0 | B S 1eU ^T3V 1 ^O '£o 2 C. H" 01 3 1 H _O a .21°1 -• wi o 002,_ u " o — c H >^ .5 . 8'§.'es-g l| . .fel § Ifs llij ! illl^Li IP llllliliililfll ijlll SfSili|ltl|lll!!!ll!ilt1!lllJ!!l|.i|i«^-3wgo « | § « ss|«|.2«a.>'g'5s|s^o|-|'s.|2 1 1 ...%o t-i od e5 — cs ^ — r4 r»i Tf vS vor-^ -° M3 « g 3 1'51 £ 2 3O" B 1 0U 2 u3en B I 1 a 1a A *"" Hi® QJ -2 || a 1 s «<•• S ,2'C 0 -w .» U _B B_0 ^ 9> B_« "5.S U "5T3 1 O 'Eo o. H" L. 3 SS B •| 1 manage storm water and protect theenvironment.Devise a comprehensive waterconservation strategy appropriate forthe project and location. The strategymay include many of the specificitems listed above, plus otherinnovative measures that areappropriate to the proposed project.Provide education about waterconservation and available programsand incentives.od <7\ « !llLf!i *l'1 la ° 1 o 8 2 = '? %Hi |p i t| i c/i jR C '^ G O c3 -T-i ^J O /••> ^~v KJ^vJnC"*'*-^^i^t"^ t ^ — — — u ^^ J2^ . . .1O3 •— ' (N en [— "O ^^ 1 i Limit idling time for commercialvehicles, including delivery andconstruction vehicles through thefollowing measures - signage andprovision of power outlets for everytwo dock doors. Install signsprohibiting diesel trucks from idlingfor more than five minutes andrequiring them to connect to thepower outlet to run any auxiliary— oo •*•! '5* £ 4)b.«3O1 CO E o a enOU fi 3 s2 B_g USJ32 ^•* J5C3H !wai "*• o>o ^ ^j IIs 3 "a _ « | .2i u ii B.2ts~%tuUB 13a.SoU "3 1UCO o '5o § 8. H"asurei B .0 1 ' S'£c[Jt"g1«'S " S „ -a ^ . S o-o B ! Hi ill ft! p*vj t**i ^f \f~) ^.o r*^- oo ^i 1 PLANNING COMMISSION RESOLUTION NO. 6578 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE AND 4 OPEN SPACE AND CONSERVATION ELEMENTS OF THE GENERAL PLAN FROM LOCAL SHOPPING CENTER, OFFICE AND RESIDENTIAL LOW-MEDIUM TO 6 RESIDENTIAL HIGH DENSITY AND OPEN SPACE ON 9.96 ACRES OF LAND AND THE REDISTRIBUTION OF LOCAL 7 SHOPPING CENTER, OFFICE RESIDENTIAL LOW-MEDIUM AND OPEN SPACE LAND USES GENERALLY LOCATED 8 NORTHERLY AND EASTERLY OF THE LA COSTA o AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 10 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE 11 CASE NO: GPA01-02 12 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 13 verified application with the City of Carlsbad regarding property described as 14 A portion of Section 31, Township 12 South and a portion of l^ Section 6, Township 13 South, Range 4 West, San Bernardino , f Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 17 Carlsbad, County of San Diego, State of California 18 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan 20 Amendment as shown on Exhibit "GPA 01-02" dated July 1, 2009, attached hereto and on file 21 in the Carlsbad Planning Department, LA COSTA TOWN SQUARE - GPA 01-02, as 22 provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad ^ ~J 24 Municipal Code; and 25 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, " hold a duly noticed public hearing as prescribed by law to consider said request; and 27 M WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad, as follows: 3 A) That the above recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - GPA 01- 02, based on the following findings: 7 Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and La Costa Master Plan based on the facts set forth in the staff report dated July 1, 2009 including, but not limited to the following: 11 Land Use: The proposed amendment to change the Land Use designation of a 9.96 acre site from Local Shopping Center and Office to Residential High density is for 12 the purpose of developing a residential project to provide a variety of housing types at a density which will provide more affordable housing opportunities. Land Use: That the Residential High density designated site is in close proximity to adequate and convenient commercial services apd major transportation corridors. 15 The site is compatible with adjacent and existing single family residential land uses located to the north and east in that adequate separation in the form of open space, 16 old street rights of way and topographic separation is provided. 1' Land Use: That there have been sufficient developments approved in the quadrant ,o at densities below the control point to offset the 110 unit net allocation to this property so that the approval will not result in exceeding the Southeast quadrant 19 dwelling unit limit. 20 Land Use: That the construction of Rancho Santa Fe Road has divided the Local Shopping Center, Office, and Residential Low-Medium Land Uses and the Office Land Use has been relocated to the north side of La Costa Avenue at Calle Timiteo. ~~ The 7.14 acre site is an appropriate site for Office use as it is adjacent to Local Shopping Center and Open Space and is separated by La Costa Avenue, a 23 secondary arterial, from Residential Medium High Land Use. 24 Land Use: That the boundaries of the Residential Low Medium, Open Space, and Local Shopping Center have been adjusted to reflect the design of the project. The 25 Open Space Land Use continues to provide an adequate buffer as intended between «,. the Residential Low-Medium and Local Shopping Center and Office Land Uses. 97 Circulation: That Rancho Santa Fe Road is adequate in size and capacity to accommodate the traffic generated by the Residential High Land Use designation. 28 Bus stops along Rancho Santa Fe Road provide opportunities for public transportation. PC RESO NO. 6578 -2- Circulation: That the street vacation for Rancho Santa Fe Road removes a previous 2 roadway alignment and dedications have been provided for the new and existing Rancho Santa Fe Road alignment. 3 Conditions; 4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so f implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 7 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 8 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 12 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 15 4. If any condition for construction of any public improvements or facilities, or the payment 16 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 1' Section 66020. If any such condition is determined to be invalid, this approval shall be , o invalid unless the City Council determines that the project without the condition complies with all requirements of law. 19 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 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 General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or 23 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 27 6. This approval is granted subject to the certification of EIR 01-02 and approval of MP 149(R) and LFMP 87-ll(C) and is subject to all conditions contained in Planning 28 Commission Resolutions No. 6577, 6579, and 6580 for those other approvals incorporated herein by reference. PC RESO NO. 6578 -3- 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, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez B. MONTGOMERY, CARLSBAD PLANN^G CO! ATTEST: airperson SION DON NEU Planning Director PC RESO NO. 6578 -4- GPA01-02 La Costa Town Square July 1,2009 EXISTING PROPOSED Related Case File No(s): EIR 01-02 / NIP 149(R) / LFMP 87-11(C) / CT 01-09 / CT 08-03 / CT 08-07 / CP 01-03 / PUD 08-09 / HDP 01-05 / SDP 01-03 / SDP 01-04 / V 08-02 / CUP 04-18 / CUP 08-01 / CUP 08-02 / CUP 08-03 / CUP 08-04 / CUP 08-05 / CUP 08-06 / CUP 08-07 Property/Legal Description(s): Property/Legal Description(s): A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 3 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to map thereof No. 848, in the City of Carlsbad, County of San Diego, State of California. General Plan Map Designation Changes A. B. C. D. Property 223-050-68-00 223-050-70-00 223-060-31-00 223-060-32-00 From: RLM OS / RLM O/ OS /RLM L/O/OS/RLM To: OS/RH L / OS / RLM L/RH L / O / OS / RLM 1 PLANNING COMMISSION RESOLUTION NO. 6579 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LA COSTA 4 MASTER PLAN TO CHANGE THE LAND USE AND UNDERLYING ZONING FROM LOCAL SHOPPING CENTER AND OFFICE TO RESIDENTIAL HIGH DENSITY AND OPEN 6 SPACE ON 9.96 ACRES OF LAND, REDUCE THE ACREAGE OF OFFICE USE REQUIRED, REDISTRIBUTE LOCAL 7 SHOPPING CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM LAND, AND OPEN SPACE USES TO REFLECT THE 8 PROJECT DESIGN, ASSOCIATED TEXT CHANGES, AND DELETION OF BUILDING HEIGHT AND SIGN PROVISIONS TO THE LA COSTA MASTER PLAN GENERALLY LOCATED 10 NORTHERLY AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. 12 CASE NAME: LA COSTA TOWN SQUARE 13 CASE NO: _ MP 14 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as A portion of Section 31, Township 12 South and a portion of 17 Section 6, Township 13 South, Range 4 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las 18 Encinitas according to Map thereof No 848, in the City of Carlsbad, County of San Diego, State of California ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Master Plan 22 Amendment as shown on Exhibit "X" dated July 1, 2009, on file in the Carlsbad Planning 23 Department, LA COSTA TOWN SQUARE - MP149(R), as provided by MP 149(U) and 24 Chapter 21.38 of the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 26 27 consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Master Plan Amendment; and 4 WHEREAS, on September 5, 1972, the City Council approved, MP 149, and 5 City Council Resolution No. 9322; and amended MP 149 most recently on August 16, 2006 as 7 described and conditioned in Planning Commission Resolution No. 6156. 8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 9 Commission of the City of Carlsbad as follows: 10 A) That the foregoing recitations are true and correct. 11 B) That based on the evidence presented at the public hearing, the Commission 12 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - MP149(R) 13 based on the following findings and subject to the following conditions: 14 Findings: 15 l. The Planning Commission finds that the La Costa Master Plan Amendment, as ,f conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated July 1, 2009 including, but not 17 limited to the following: That the La Costa Master Plan, as revised, continues to provide Local Shopping Center, Office, Residential Low-Medium and Open Space IB Land Uses; That the Master Plan is being revised to change Local Commercial, Office Residential Low-Medium and Open Space to Residential High density to meet regional housing needs; That the Residential High density is appropriate and 2Q compatible with adjacent residential single family land uses in that adequate separation in the form of open space between uses is provided; That the Master 21 Plan is being revised to redistribute the Local Commercial, Office, Residential Low- Medium, and Open Space land uses to reflect the design of the project; That the 22 Office area requirement, reduced from 25 percent minimum to 19 percent _,„ minimum, continues to fulfill the intent to provide for Office specific uses for the La Costa community; The commercial portion of the project allows office uses which 24 may increase the percentage of office uses; and that the building height for RM and RMH land uses and sign sections of the La Costa Master Plan are deleted and refers 25 to the Zoning Ordinance for building height and sign standards. 0' f\2. That all necessary public facilities can be provided concurrent with need, and adequate 27 provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that the project Local Facilities 28 Management Plan Amendment includes an analysis of public facilities needed to support the project and the project has been conditioned to provide the necessary improvements concurrent with development. PC RESO NO. 6579 -2- That the proposed commercial, office and residential uses will be appropriate in area, 2 location, and overall design to the purpose intended, that the design and development are such as to create an environment of sustained desirability and stability, and that such 3 development will meet performance standards established by Title 21, in that the commercial component of the project is centrally located to serve the La Costa community; that the office component, as modified, is adequate in size to meet the - intent of the Master Plan by providing office uses specifically; and the Residential Low Medium and High density Land Uses provide a variety of housing 5 opportunities; and that the project meets the development standards, with the exception of the Sign Ordinance (for which a Variance is being requested). 7 That in the case of institutional, recreational, and other similar nonresidential uses, such ° development will be proposed, and surrounding areas are protected from any adverse effects from such development, in that adequate buffers in the form of open space, vertical, and horizontal separation, extensive landscaping, earthen berms, lighting 10 restrictions, and screen walls are provided to minimize impacts to adjacent uses. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that all required roadway improvements are per the recommendations of the traffic impact analysis report prepared by Urban Systems, 13 the Local Facilities Management Plan Zone 11, EIR 01-02, and as established by the General Plan. 14 That any proposed commercial development can be-justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such 1 f location proposed, in that an extensive commercial study was prepared by the City of Carlsbad and the La Costa Town Square site was established as a desirable location 17 for commercial services to satisfy the needs of the greater Carlsbad residents. 18 7. That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that impacts from noise and light sources have been adequately mitigated and adequate separation in the form of open 20 space, vertical, and horizontal separation, extensive landscaping, earthen berms, lighting restrictions, and screen walls. 21 8. That appropriate measures are proposed to mitigate any adverse environmental impact as 22 noted in the Final Environmental Impact Report for the project as listed in the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program. 24 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 25 contained in this resolution and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the "" degree of the exaction is in rough proportionality to the impact caused by the project. 27 ^ ,. .Conditions: 28 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Master Plan document(s) necessary to make them internally PC RESO NO. 6579 -3- consistent and in conformity with final action on the project. Development shall occur 2 substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3 2. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02 and LFMP 87-11(C) and is subject to all conditions contained in Planning - Commission Resolutions No. 6577, 6578, and 6580 for those other approvals incorporated herein by reference. 6 3. Prior to the issuance of any permits for the project, the applicant shall submit to the 7 Planning Director a digital copy and a camera-ready master copy of the La Costa Master Plan Amendment - MP 149(R), in addition to 5 bound copies.8 9 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, . 1 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 12 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 13 you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely I r follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 16 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 17 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 20" 21 22 23 24 25 26 27 28 PC RESO NO. 6579 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONTjJOMERY|aRairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6579 -5- 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF , CARLSBAD, CALIFORNIA, APPROVING THE LA COSTA MASTER PLAN AMENDMENT TO CHANGE THE LAND USE 4 AND UNDERLYING ZONING FROM LOCAL SHOPPING CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM, AND OPEN 5 SPACE TO RESIDENTIAL HIGH DENSITY ON 9.96 ACRES OF LAND, REDUCE THE ACREAGE OF OFFICE USE, 6 REDISTRIBUTE LOCAL SHOPPING CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM, AND OPEN SPACE LAND USES 7 TO REFLECT THE PROJECT DESIGN, ASSOCIATED TEXT CHANGES, AND DELETE BUILDING HEIGHT AND SIGN 8 PROVISIONS TO THE LA COSTA MASTER PLAN ON LANDS GENERALLY LOCATED NORTHERLY AND EASTERLY OF 9 THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE 1U CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. ,. CASE NAME: LA COSTA TOWN SQUARE CASE NO.: MP 149(R) 12 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed 13 and considered a Master Plan to guide the development of Commercial, Office and Residential 14 development for properties located within the La Costa Master Plan area so that they can be 15 regulated by proposed Master Plan 149(R), and 16 WHEREAS, the City Council did on the day of , 2009, hold a duly noticed public hearing as prescribed by law to consider said request; andlo , g WHEREAS, said application constitutes a request for a Master Plan Amendment 20 consistent with Chapter 21.38 of the municipal code as shown on Exhibit "MP 149(R)", 21 incorporated herein by reference. 22 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does 23 ordain as follows: 24 SECTION I: That Master Plan MP 149(R), on file in the Planning Department, 25 and incorporated herein by reference, is adopted. The La Costa Master Plan (MP 149(R) shall constitute the development plan for the property and all development within the plan area shall 27 conform to the plan. 28 /// SECTION II: That the findings and conditions of the Planning Commission in 2 Planning Commission Resolution No. 6579 shall also constitute the findings and conditions of the City Council. 4 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 5 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 6 published at least once in a publication of general circulation in the City of Carlsbad within 7 fifteen days after its adoption. 8 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City , A Council on the day of 2009, and thereafter.1U PASSED AND ADOPTED at a regular meeting of the City Council of the City of 12 Carlsbad on the day of 2009, by the following vote, to wit: 13 AYES: 14 NOES: 15 ABSENT: 16 ABSTAIN: 17 18 APPROVED AS TO FORM AND LEGALITY 19 20 RONALD R. BALL, City Attorney 21 " 22 23 CLAUDE A. LEWIS, Mayor 24 „ ATTEST: 25 26 2? LORRAINE M. WOOD, City Clerk 28 (SEAL) PC RESO NO. -2- 1 PLANNING COMMISSION RESOLUTION NO. 6580 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF AN AMENDMENT TO THE LOCAL 4 FACILITIES MANAGEMENT PLAN FOR ZONE 11 TO ADD RESIDENTIAL HIGH DENSITY LAND USE DESIGNATION 5 AND THE REDISTRIBUTION OF LOCAL SHOPPING CENTER, OFFICE, RESIDENTIAL LOW-MEDIUM, AND 6 OPEN SPACE LAND USES GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 7 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 8 FACILITIES MANAGEMENT ZONE 1 1 CASE NAME: LA COSTA TOWN SQUARE CASE NO.: _ LFMP87-1KC) _ 10 WHEREAS, LA COSTA TOWN SQUARE LLC has filed a verified application 11 with the City of Carlsbad which has been referred to the Planning Commission; and 12 WHEREAS, said application constitutes a request for a Local Facilities Management Plan Amendment for Zone 11 (dated July 1, 2009, on file in the Planning 15 Department) and incorporated by this reference (collectively referred to as the "Local Facilities 16 Management Plan Amendments"), as provided in Section 21.90.125 of the Carlsbad Municipal 17 Code; and 18 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 19 hold a duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 22 relating to the Local Facilities Management Plan Amendment for Zone 11. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning jc Commission of the City of Carlsbad as follows: 26 A) That the above recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of an amendment for Local 1 Facilities Management Plan - Zone 11, on file in the Planning Department, based on the following findings and subject to the following 2 conditions: Findings: 4 1. That the Local Facilities Management Plan Amendment for Zone 11 is consistent with 5 Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), and with the Citywide Facilities and Improvement Plan, in that it contains all matters required by 6 Section 21.90.110 and thereby ensures implementation of and consistency with the General Plan and to protect the public health, safety, and welfare by ensuring that public facilities and improvements will be installed to serve new development prior to or concurrently with need.o 9 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 10 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 11 Conditions: 12 Approval is granted for an amendment to Local Facilities Management Plan - Zone 11 as contained in the Plan titled Local Facilities Management Plan Zone 11, dated July 1, 2009, 14 on file in the Planning Department, and incorporated herein by reference. The amended Zone 11 Local Facilities Management Plan, dated July 1, 2009 shall replace in its entirety, 15 the Zone 11 LFMP dated June 2000. 2. This approval is granted subject to the certification of EIR 01-02 and approval of GPA 01- 02 and MP 149(R) and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, and 6579, for those other approvals incorporated herein by reference. 19 3. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy in a format acceptable to the City and a camera-ready 20 master copy of the Local Facilities Management Plan Zone 11 Plan (LFMP 87-ll(C)), in addition to five (5) bound copies. 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad on July 15,2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONT<fOMERY$Rairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director -3-10! 1 PLANNING COMMISSION RESOLUTION NO. 6581 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 4 APPROVAL OF CARLSBAD TRACT CT 01-09 TO , SUBDIVIDE 41.58 ACRES INTO 24 COMMERCIAL LOTS AND ONE COMMON LOT ON PROPERTY GENERALLY 6 LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD 7 INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. 8 CASE NAME: LA COSTA TOWN SQUARE 9 CASE NO.: CT01-09 10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 11 verified application with the City of Carlsbad regarding property described as 12 A portion of Section 31, Township 12 South and a portion of 13 Section 6, Township 13 South, Range 4 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las 14 Encinitas according to Map thereof No 848, in the City of Carlsbad, County of San Diego, State of California 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Tentative Tract 18 Map as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1,2009, on file in the Planning 19 Department LA COSTA TOWN SQUARE - CT 01-09, as provided by Chapter 20.12 of the 20 Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 2" relating to the Tentative Tract Map. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - CT 01-09, based on the following findings and subject to the following conditions: 3 Findings; 4 , 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 6 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots 7 being created satisfy all minimum requirements of Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with all other applicable regulations. 9 2. That the proposed project is compatible with the surrounding future land uses since 10 surrounding properties are designated Residential High Density (RH), Office (O), Open Space (OS) and Residential Low-Medium Density (RLM) on the General Plan, in that 11 the Open Space Land Use creates an adequate buffer between the Commercial and Residential Low Medium density Land Use and that Circulation Element roadways separate the Residential High Density from the Local Shopping Center Land Use j3 designation. 14 3. That the site is physically suitable for the type and intensity of the development since the site is adequate in size and shape to accommodate non-residential development at the 15 intensity proposed, in that the project site can accommodate the proposed , s development while complying with all setback, lot coverage, parking, and height development standards, except for monument signs, and public facilities 17 requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C. Zoning Ordinance Title 21. 18 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 2Q public at large, for access through or use of property within the proposed subdivision, in that concurrent with recordation of the final map, the developer will vacate and 21 adjust any easements that conflict with proposed development. 22 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 25 against the public service needs of the City and available fiscal and environmental resources. 26 7. That the design of the subdivision and improvements are not likely to cause substantial 27 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the site is included in the Habitat Conservation Plan/Ongoing Multi- Species Plan, and the project will implement the required mitigation measures applicable to this site as identified in the La Costa Town Square EIR. PCRESONO. 6581 -2- 8. That the discharge of waste from the subdivision will not result in violation of existing 2 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality 3 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 4 System (NPDES) requirements. 9. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, and La Costa Master Plan as amended based on the facts set forth in the staff report dated July 1, 2009 including, but not limited to the following: the project will provide Local Commercial (L) neighborhood-serving retail services to the La Costa community as well as other local neighborhoods consistent with the General Plan and the La Costa Master Plan. 10. The project is consistent with the Citywide Facilities and Improvements Plan, the General Plan, La Costa Master Plan, and the Local Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been 11 conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks 12 and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 14 a. The project has been conditioned to provide proof from the Encinitas Union and 15 San Dieguito Union High School Districts that the project has satisfied its obligation for school facilities. ,- b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 18 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 19 collected prior to the issuance of building permit. 20 11. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 22 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. » . 12. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. 25 13. That all necessary public facilities required by the Growth Management Ordinance will 26 be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the Growth Management performance standards are contained within the Zone 11 LFMP and the project will comply with the general and special conditions of the zone, and that there have been previous developments approved in the La Costa Master Plan and Villages of La PCRESONO. 6581 -3- Costa Master Plan that have provided the necessary infrastructure to serve the 2 project. 3 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 4 - 15. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 5 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions: 8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map, whichever occurs first. 10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 11 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 12 revoke or modify all approvals herein granted; deny or further condition issuance of all ,., future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 14 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 15 or a successor in interest by the City's approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 17 and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 18 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. -„ 3. Developer shall comply with all applicable provisipns of federal, state, and local laws and regulations in effect at the time of building permit issuance. 21 4. If any condition for construction of any public improvements or facilities, or the payment 22 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 24 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 25 5. Developer shall implement, or cause the implementation of, the La Costa Town Square 26 EIR 01-02 Project Mitigation Monitoring and Reporting Program. 27 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2g harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly PCRESONO. 6581 -4- or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, 2 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 3 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation - survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 7 copy of the Tentative Map reflecting the conditions approved by the final decision- making body.8 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School 10 Districts that this project has satisfied its obligation to provide school facilities. 11 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 13 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 14 01-02, MP 149(R), LFMP 87-ll(C), PUD 08-09, HDP 01-05, and SDP 01-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6585, 6586, and 6588 for those other approvals incorporated herein by , £ reference,lo 17 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 18 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 2Q shall be placed on the Final Map. 21 12. Developer shall establish an owner's association (OA) and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 22 by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the 24 Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 25 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 27 b. Notice and Amendment. A copy of any proposed amendment shall be provided to 28 the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. PCRESONO. 6581 -5- c. Failure of Association to Maintain Common Area Lots and Easements. In the 2 event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section 3 the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give 4 written notice to the Association, with a copy thereof to the Owners in the Project, - setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty 6 (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's 7 Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 9 d. Special Assessments Levied by the City. In the event the City has performed the 10 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs 11 incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails 13 to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this 14 Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such *5 invoice in full within the period specified, payment shall be deemed delinquent ,,- and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the 17 Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and 18 remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and 2Q shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power 21 to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any 22 Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 24 e. Landscape Maintenance Responsibilities. The Owners Association and individual 25 lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit.26 27 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 28 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such PCRESONO. 6581 -6- taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 2 approval will not be consistent with the General Plan and shall become void. 3 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County 4 Recorder, subject to the satisfaction of the Planning Director, notifying all interested <- parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map by Resolution No. 6581 on the property. Said Notice of Restriction shall 5 note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion 7 in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 9 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and 10 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 11 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 13 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 14 project's building, improvement, and grading plans. 15 17. Developer shall provide bus stops to service this development at locations and with , 6 reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a 17 minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 18 Engineering: 2Q NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building 21 or grading permit whichever occurs first. 22 General 23 18. Prior to hauling dirt or construction materials to or from any proposed construction site 24 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 25 19. This project is approved upon the express condition that building permits will not be 2" issued for the development of the subject property, unless the District Engineer has 27 determined that adequate water and sewer facilities are available at the time of permit issuance. 28 20. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared PCRESONO. 6581 -7- private improvements within this subdivision, including but not limited to private streets, 2 parking areas, utilities, street trees, sidewalks, landscaping, street lighting, raised medians, enhanced paving, water quality treatment measures, low impact development 3 features, storm drain facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 21. There shall be one Final Map recorded for this project. 6 22. Developer shall install sight distance corridors at all street intersections and driveways in 7 accordance with City Engineering Standards. Fees/Agreements 9 23. Developer shall cause property owner to execute, and submit to the City Engineer for 10 recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction 11 document shall: A. Clearly delineate the limits of the drainage course; and I., B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and 14 C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in 15 damage to the underlying and adjacent properties or the creation of a public nuisance.16 17 24. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering pervious pavement, 18 enhanced paving, and private BMPs located over proposed storm drain easements as shown on the tentative map. Developer shall pay processing fees per the City's latest fee 19 schedule. 90 25. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an Agreement to annex the 22 subject property into City of SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary to annex the 23 property into SL&LD #2. 24 26. Developer shall cause property owner to execute and submit to the City Engineer for 25 recordation the City's standard form Street Tree Maintenance Agreement. 26 27. Prior to approval of the Final Map, Developer shall cause Property Owner to execute and submit to the City for recordation a Prepayment Agreement with the City for prepayment of the obligation for funding to improve Rancho Santa Fe Road, which will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. The Prepayment Agreement shall be in a form to the satisfaction of the City Attorney PCRESONO. 6581 -8- and City Engineer. 2 Grading 3 28. Based upon a review of the proposed grading and the grading quantities shown on the 4 tentative map, a grading permit for this project is required. Developer shall prepare and „ submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 6 29. Developer shall apply for and obtain a grading permit from the City Engineer. Developer 7 shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements.8 o 30. Supplemental grading plans may be required for precise grading associated with subsequent phases of development of this project. Developer shall prepare, and submit 10 for approval, grading plans for the precise grading as shown on the tentative map all subject to City Engineer approval. 11 31. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading 13 operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be 14 signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. ,, 32. This project requires off site grading. No grading for private improvements shall occur outside the project unless Developer obtains, records, and submits a recorded copy, to the 17 City Engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the temporary 18 grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of 2Q substantial conformance and/or consistency determination from both the City Engineer and Planning Director. 21 33. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 22 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 24 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or 25 Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements.26 ~_ 34. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 28 35. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan PCRESONO. 6581 -9- 1 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements 2 and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall 3 address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 4 f. 36. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 6 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad 7 Municipal Code all to the satisfaction of the City Engineer. o0 37. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural 10 drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 11 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 13 volume, peak flow rate, velocity and pollutants. 14 38. Developer shall submit documentation, subject to City Engineer approval, demonstrating how this project complies with hydromodification requirements per the City's SUSMP, latest version. Documentation shall be included within the Storm Water Management 16 Plan (SWMP). 17 Dedications/Improvements IB 39. Prior to recordation of the final map, Developer shall make application for easements to be vacated, quitclaimed, or abandoned to the satisfaction of the City Engineer. 20 40. Developer shall cause Owner to dedicate to the City and/or other appropriate entities 21 easements for Public Street & Public Utility, Drainage and Public Utility purposes as shown on the Tentative Map. The offer shall be made by a certificate on the Final Map or 22 by separate recorded document as required by the City or each District. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Additional easements 24 may be required at final design to the satisfaction of the City Engineer. 25 41. Developer shall design the private streets, as shown on the Tentative Map to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private streets. 28 42. Developer shall design the private drainage systems, as shown on the Tentative Map to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm PCRESONO. 6581 -10- drain and larger) shall be inspected by the City. Developer shall pay the standard 2 improvement plan check and inspection fees for private drainage systems. 3 43. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Subdivision Improvement 4 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the Tentative Map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These improvements g include, but are not limited to: 7 A. Frontage improvements to Rancho Santa Fe Road including parkway and full median improvements, irrigation, landscaping, pavement striping, lane widening, 8 and utility relocation. B. Frontage improvements to the north side of La Costa Avenue including parkway " improvements, pavement striping, lane widening, and utility relocation, i Q C. NCTD bus turnout on north side of Rancho Santa Fe Road at Paseo Lupino. D. NCTD bus turnout on south side of Rancho Santa Fe Road at La Costa Avenue. 11 E. Temporary and permanent storm drain improvements including private detention facilities if required to mitigate hydromodification requirements of the City's 12 SUSMP, latest version. F. Interconnect the traffic signals along Rancho Santa Fe Road between San Eli jo Road and Camino Alvaro by constructing approximately 3,600 linear ^4 feet of 2-inch conduit with twisted-pair conductor between Camino Alvaro and Camino de los Coches and providing and installing a traffic signal 15 master controller and wireless communication transceiver. With approval of the City Traffic Engineer, wireless communication devices can be used in lieu 1" of the 2-inch conduit and twisted-pair conductors. , _ G. The sidewalk along the southerly side of Rancho Santa Fe Road between La Costa Avenue and Paseo Lupino shall be located non-curb adjacent to the 1 g satisfaction of the City Engineer. 19 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in 1i said agreement. 22 44. Prior to the approval of the Final Map the developer shall pay a fair share contribution for improvements to the intersection of Rancho Santa Fe Road and San 23 Marcos Boulevard located in the City of San Marcos. The fair share contribution, 9, per the Caltrans Method for Calculating Equitable Mitigation Measures, has been determined to be $22,752 based on a 2.05% cumulative impact of the project traffic 25 through the intersection and the Private Developers Obligations ($1,080,000) of the intersection improvements as shown in the San Marcos FY 2009-2010 Capital 26 Improvement Project Detail. Project fair share contribution to be adjusted at time of payment based on the Engineering News Record (ENR) Index. 2g 45. Developer shall prepare and process improvement plans and, prior to approval, shall execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements. PCRESONO. 6581 -11- Said improvements shall be installed to City Standards to the satisfaction of the City 2 Engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic 3 signal interconnect conduit and cable at the intersection of La Costa Avenue and Levante Street. 4 Developer shall install the traffic signal only with written authorization from the City Engineer. Developer shall pay the standard improvement plan check and inspection fees. 5 Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in 7 said agreement. The developer/owner may be eligible for partial reimbursement from the City. A reimbursement agreement must be approved by the City prior to the final map ° recordation. 9 46. Developer shall prepare and process improvement plans and, prior to approval, shall 10 execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20,16.070 for public signal improvements 1 shown on the Tentative Map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these signal improvements include but are not limited to modifying the existing traffic signal including all 13 appurtenances and traffic signal interconnect conduit and cable at the intersection of Rancho Santa Fe Road and Paseo Lupino / Via Mercado. 14 Developer shall pay the standard improvement" plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the ,, subdivision or development improvement agreement or such other time as provided in said agreement. 17 47. Developer shall prepare and process improvement plans and, prior to approval, shall 18 execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the Tentative Map. Said improvements shall be installed by Developer to City 2Q Standards to the satisfaction of the City Engineer. More specifically, these signal improvements include but are not limited to modifying the existing traffic signal 21 including all appurtenances and traffic signal interconnect conduit and cable at the intersection of La Costa Avenue and Rancho Santa Fe Road. 22 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the 24 subdivision or development improvement agreement or such other time as provided in said agreement. 25 48. Developer shall prepare and process improvement plans and, prior to approval, shall execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the Tentative Map. Said improvements shall be installed by Developer to City 28 Standards to the satisfaction of the City Engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable at the PCRESONO. 6581 -12- intersection of La Costa Avenue and Via Mercado. Developer shall install the traffic 2 signal only with written authorization from the City Engineer 3 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in <- said agreement. 6 49. Developer shall prepare and process improvement plans and, prior to approval, shall execute a City standard Subdivision Improvement Agreement to install and shall post 7 security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the Tentative Map. Said improvements shall be installed by Developer to City Standards to the satisfaction of the City Engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable at the 10 intersection of La Costa Avenue and Calle Timiteo. Developer shall install the traffic signal only with written authorization from the City Engineer. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the 13 subdivision or development improvement agreement or such other time as provided in said agreement. 14 50. Developer shall prepare and process improvement plans and, prior to approval, shall execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the Tentative Map. Said improvements shall be installed by Developer to City 17 Standards to the satisfaction of the City Engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic 18 signal including all appurtenances and traffic signal interconnect conduit and cable at the intersection of La Costa Avenue and Camino De Los Coches. 2Q Developer shall install the traffic signal only with written authorization from the City Engineer. Developer shall pay the standard improvement plan check and inspection fees. 21 Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in 22 said agreement. The developer/owner may be eligible for partial reimbursement from the City's Traffic Impact Fee program. A reimbursement agreement must be approved by the City prior to the final map recordation. 24 51. Developer shall cause Owner to waive direct access rights on the final map for all lots 25 abutting Rancho Santa Fe Road and La Costa Ave., except locations as shown on the tentative map.26 27 52. Rancho Santa Fe Road shall be dedicated by Owner along the project frontage based on a street center line to right-of-way width of 63-feet (plus additional right of way for 28 turn lanes, bus turnouts, utility services and transitions) as shown on the Tentative Map and in conformance with City of Carlsbad Standards. PCRESONO. 6581 -13- 53. La Costa Avenue shall be dedicated by Owner along the project frontage based on a 2 street center line to right-of-way width of 42-feet (plus additional right of way for turn lanes, bus turnouts, utility services and transitions) as shown on the Tentative Map 3 and in conformance with City of Carlsbad Standards. 54. Developer shall design, and obtain approval from the City Engineer, the structural section , for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to 5 completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and 7 approval of the City Engineer. O0 55. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the City Engineer. Where maintenance access roads are not practical and/or permitted, Developer 10 shall incorporate low-maintenance design features to the satisfaction of the City Engineer. 11 Non-Mapping Notes 13 56. Add the following notes to the final map as non-mapping data: 14 A. Developer has executed a City standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are ,,. not limited to:lo 17 1. Frontage improvements to Rancho Santa Fe Road including parkway and full median improvements, irrigation, landscaping, pavement striping, lane 18 widening, and utility relocation. 2. Frontage improvements to the north side of La Costa Avenue including 2Q parkway and median reconstruction (if necessary), pavement striping, lane widening, and utility relocation. 21 3. NCTD bus turnout on north side of Rancho Santa Fe Road at Paseo Lupino. 4. NCTD bus turnout on south side of Rancho Santa Fe Road at La Costa 22 Avenue. 5. Temporary and permanent storm drain improvements including private detention facilities if required to meet hydromodification requirements of the 24 City's SUSMP, latest version. 25 B. Developer has executed a City standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public 2" signal improvements shown on the Tentative Map. These signal improvements include but are not limited to Modifying or constructing new fully actuated traffic signals including all appurtenances and traffic signal interconnect conduits and 28 cables, at the intersection of La Costa Avenue and Rancho Santa Fe Road and Rancho Santa Fe Road and Paseo Lupino/via Mercado. PCRESONO. 6581 -14- C. Developer has executed a City standard Subdivision Improvement Agreement and 2 has posted security in accordance with C.M.C. Section 20.16.070 to install public signal improvements shown on the Tentative Map. These signal improvements 3 include but are not limited to constructing new fully actuated traffic signals including all appurtenances and traffic signal interconnect conduits and cables, at 4 the intersections of La Costa Avenue and Via Mercado, La Costa Avenue and <- Calle Timiteo, and La Costa Avenue and Camino de los Coches. 6 D. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 7 E. Geotechnical Caution:8 n 1. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from 10 any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or 11 adjacent to, this subdivision due to its construction, operation or maintenance. 12 F. No structure, fence, wall, tree, shrub, sign, or other object may be placed or 13 permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans 14 standards. 15 G. The owner of this property on behalf of itself and all of its successors in interest . fi has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow 17 of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved 18 development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 2Q Utilities 21 57. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire 22 hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 24 58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 25 59. The Developer shall design landscape and irrigation plans utilizing recycled water as a 2" source and prepare and submit a colored recycled water use map to the Planning 27 Department for processing and approval. 28 60. The Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. PCRESONO. 6581 -15- 61. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water 2 District regarding potable water infrastructure available or required to serve this project. 3 62. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding recycled water infrastructure available or required to serve this project. 4 - Code Reminders: 5 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 7 63. This Tentative Map shall expire three years from the date on which the City Council ° voted to approve this application. 9 64. Some improvements shown on the tentative map and/or required by these conditions are 10 located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. 11 The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the 13 requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 14 65. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad 15 Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only.16 17 66. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 18 67. Developer shall pay a landscape plancheck and inspection fee as required by Section 19 20.08.050 of the Carlsbad Municipal Code. 20 68. Approval of this request shall not excuse compliance with all applicable sections of the 21 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 22 69. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 24 25 26 27 28 PCRESONO. 6581 -16- 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 approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONTG CARLSBAD PLANN ATTEST: rperson ION DON NEU Planning Director PCRESONO. 6581 -17- 1 PLANNING COMMISSION RESOLUTION NO. 6582 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 08-03 TO 4 SUBDIVIDE 24.39 ACRES INTO 64 RESIDENTIAL LOTS AND FOUR OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF 6 THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE 7 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE 8 CASE NO.: CT 08-03 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "K" for CT 08-03 dated July 1, 2009, on file in the Planning 18 Department LA COSTA TOWN SQUARE - CT 08-03, as provided by Chapter 20.12 of the 2Q Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 25 relating to the Tentative Tract Map. 26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL OF LA COSTA TOWN SQUARE - CT 08- 03, based on the following findings and subject to the following conditions: 3 Findings: 4 - 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 5 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots 7 being created satisfy all minimum requirements of Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with all other applicable regulations. 9 2. That the proposed project is compatible with the surrounding future land uses since 10 surrounding properties are designated Local Shopping Center (L), Office(O), Open Space (OS) and Residential Low-Medium Density (RLM) on the General Plan, in that 11 the Open Space Land Use creates an adequate buffer between the Commercial, Office and Residential Low Medium density Land Uses. 13 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density 14 proposed, in that the project site can accommodate the proposed development while complying with all setback, lot coverage, parking,- and height development 15 standards and public facilities requirements specified in the La Costa Master Plan, ,, LFMP Zone 11 and C.M.C. Title 20 and 21.lo 17 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 18 public at large, for access through or use of property within the proposed subdivision, in that concurrent with recordation of the final map, the developer will vacate and adjust any easements that conflict with proposed development. 20 5. That the property is not subject to a contract entered into pursuant to the Land 21 Conservation Act of 1965 (Williamson Act). 22 6. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 23 against the public service needs of the City and available fiscal and environmental resources. 25 7. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 26 habitat, in that the site is included in the Habitat Conservation Plan/Ongoing Multi- Species Plan, and the project will implement the required mitigation measures 27 applicable to this site as identified in the La Costa Town Square EIR. 8. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality PCRESONO. 6582 -2- protection in accordance with the City's sewer and drainage standards and the 2 project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. 3 9. The Planning Commission finds that the project, as conditioned herein, is in 4 conformance with the Elements of the City's General Plan, and La Costa Master Plan as amended based on the facts set forth in the staff report dated July 1, 2009 including, but not limited to the following: the project will provide Low-Medium Residential density Land Use consistent with the General Plan and the La Costa Master Plan. 7 10. The project is consistent with the Citywide Facilities and Improvements Plan, the General Plan, La Costa Master Plan, and the Local Facilities Management Plan for Zone 11 and 8 all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or 11 concurrent with need. Specifically, 12 a. The project has been conditioned to provide proof from the Encinitas Union Elementary and San Dieguito Union High School Districts that the project has satisfied its obligation for school facilities. 14 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 15 will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be , _ collected prior to the issuance of building permit. 18 11. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional 19 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 21 12. This project has been conditioned to comply with any requirement approved as part of the 22 Local Facilities Management Plan for Zone 11. 23 13, That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that 25 improvements necessary to maintain compliance with the Growth Management performance standards are contained within the Zone 11 LFMP and the project will 26 comply with the general and special conditions of the zone, and that there have been previous developments approved in the La Costa Master Plan and Villages of La Costa Master Plan that have provided the necessary infrastructure to serve the project. PCRESONO. 6582 -3- 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 2 Code Section 14.28.020 and Landscape Manual Section I B). 3 15. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 4 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. s Conditions:o 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map, whichever occurs first. 8 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 11 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 12 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 14 Staff is authorized and directed to make, or require the Developer to make, all corrections 15 and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, , 7 different from this approval, shall require an amendment to this approval. 18 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 19 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 22 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 23 5. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 25 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PCRESONO. 6582 -4- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 - 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- 5 making body. I 7 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School Districts that this project has satisfied its obligation to provide school facilities. 9 9. This project shall comply with all conditions and mitigation measures which are required 10 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 11 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-ll(C), and HDP 01-05, and is subject to all conditions 13 contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, and 6586 for those other approvals incorporated herein by reference. 14 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 17 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 18 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 2Q 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 21 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 22 approval will not be consistent with the General Plan and shall become void. 23 13. Prior to the approval of the final map for any phase of this project, or where a map is not 24 being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase 25 10 affordable housing credits in the Villa Loma housing project. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 28 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested PCRESONO. 6582 -5- parties and successors in interest that the City of Carlsbad has issued a(n) Tentative 2 Tract Map by Resolution No. CT 08-03 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details 3 and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute 4 and record an amendment to the notice which modifies or terminates said notice upon a , showing of good cause by the Developer or successor in interest. 6 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 7 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and ° thriving condition, free from weeds, trash, and debris. 9 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 10 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 11 17. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 13 by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the 14 official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shalhcontain the following provisions: . , 1. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 17 of, or in which the City has an interest. 18 2. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 2Q within 30 days for the official record. 21 3. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the 22 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 24 Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the 25 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 27 period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the 28 Owners as provided herein. PCRESONO. 6582 -6- 4. Special Assessments Levied by the City. In the event the City has performed the 2 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the 3 City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in - full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and 6 payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 7 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special 10 assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge 11 on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot I 3 and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment 14 in accordance with the procedures set forth in Article of this Declaration. 5. Landscape Maintenance Responsibilities. The owners association and individual lot 1, or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 17.. 18. Developer shall provide bus stops to service this development at locations and with 18 reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be 2Q designed to enhance or be consistent with basic architectural theme of the project. 21 19. Developer shall install the noise wall along the Rancho Santa Fe Road frontage in accordance with the noise study prepared for the project and mitigation measure 22 contained within EIR 01-02. The noise wall shall be of same design, color, and materials as the adjacent noise wall to the north within the Villages of La Costa project. 24 20. Developer shall install a non-curb adjacent meandering sidewalk along the Rancho 25 Santa Fe Road frontage to meet up with and continue the existing sidewalk to the north within the Villages of La Costa project. 26 27 Engineering Conditions 28 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building or grading permit whichever occurs first. PC RESO NO. 6582 -7- General 2 21. Prior to hauling dirt or construction materials to or from any proposed construction site 3 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 4 - 22. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit issuance. 7 23. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, street trees, walkways, landscaping, retaining walls, sound walls, raised 10 medians, traffic calming devices, water quality treatment measures, low impact development features, storm drain facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 13 24. There shall be one Final Map recorded for this project. 14 25. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. , t Fees/Agreements 17 26. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless 18 Agreement.Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement.Developer shall cause property owner to process, execute and submit an 2Q executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual 21 maintenance of all treatment control, applicable site design and source control, post- construction permanent Best Management Practices prior to the issuance of a grading 22 permit or building permit, or the recordation of a final map, whichever occurs first for this Project.Developer shall cause property owner to execute, and submit to the City Engineer for recordation, a City Standard deed restriction on the property which relates to 24 the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: 25 A. Clearly delineate the limits of the drainage course; and B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, 28 impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. PCRESONO. 6582 -8- 27. Developer shall cause property owner to apply for, execute, and submit, to the City 2 Engineer for recordation, an Encroachment Agreement covering private traffic calming devices, retaining or sound walls, foundations, pedestrian walkways, slopes irrigation and 3 landscaping and private BMPs located over proposed public right-of-way or proposed public easements as shown on the tentative map. Developer shall pay processing fees per the City's latest fee schedule. 28. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an Agreement to annex the 7 subject property into City of SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary to annex the 8 property into SL&LD #2. 9 29. Developer shall cause property owner to execute and submit to the City Engineer for 10 recordation the City's standard form Street Tree Maintenance Agreement. 11 30. Prior to approval of the Final Map, Developer shall cause Property Owner to execute and submit to the City for recordation a Prepayment Agreement with the City for prepayment of the obligation for funding to improve Rancho Santa Fe 13 Road, which will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. The 14 Prepayment Agreement shall be in a form to the satisfaction of the City Attorney and City Engineer.15 y * I x- Grading 17 31. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and 18 submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 2Q 32. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as 21 shown on the Tentative Map all subject to City Engineer approval. 22 33. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 24 34. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 25 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be 27 signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 28 35. This project requires off site grading. No grading for private improvements shall occur outside the project unless Developer obtains, records, and submits a recorded copy, to the PC RESO NO. 6582 -9- City Engineer, a temporary grading, construction or slope easement or agreement from 2 the owners of the affected properties. If Developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case 3 Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer <- and Planning Director. 5 36. Developer shall comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include 7 but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and ° educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall 1 0 notify prospective owners and tenants of the above requirements. 37. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 13 38. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan 14 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water 15 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall .,- address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 17 39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 18 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad 2Q Municipal Code all to the satisfaction of the City Engineer. 21 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 22 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 24 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to 25 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants.26 41. Developer shall submit documentation, subject to City Engineer approval, demonstrating how this project complies with hydromodification requirements per the City's SUSMP, 28 latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). PCRESONO. 6582 -10- Dedications/Improvements 2 42. Prior to recordation of the final map, developer shall make application for 3 easements to be vacated, quitclaimed, or abandoned to the satisfaction of the City Engineer. 4 - 43. Developer shall cause Owner to dedicate to the City and/or other appropriate entities easements for the Public Streets, Drainage Facilities, and Public Utility purposes as 5 shown on the Tentative Map. The offer shall be made by a certificate on the Final Map or by separate recorded document as required by the City or each District. All land so 7 offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer. If easements are created by separate document, recording information shall be placed on the Final Map. 10 44. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 13 45. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Subdivision Improvement 14 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the Tentative-Map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: 17 A. Frontage improvements to Rancho Santa Fe Road including parkway and full median improvements, irrigation, landscaping, pavement striping, lane widening, 18 and utility relocation. B. Frontage improvements to the north side of La Costa Avenue including half street overlay or reconstruction to comply with City Standards, pavement striping, lane 2Q transitions, and utility relocation. Public street and utility improvements to Sitio Lima, Paseo Tamarindo, and Street 21 "B". D. Temporary and permanent off site storm drainage improvements including 22 detention facilities if required to meet hydromodification requirements of the City's SUSMP, latest version. 24 Prior to submittal of improvement plans for La Costa Ave., the Engineer of Work shall submit detailed cross sections for review and approval of proposed design. 25 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the " subdivision or development improvement agreement or such other time as provided in 27 said agreement. 28 46. Prior to the approval of the Final Map the developer shall pay a fair share contribution for improvements to the intersection of Rancho Santa Fe Road and San Marcos Boulevard located in the City of San Marcos. The fair share PCRESONO. 6582 -11- contribution, per the Caltrans Method for Calculating Equitable Mitigation 2 Measures, has been determined to be $744 based on a 0.07% cumulative impact of the project traffic through the intersection and the Private Developers Obligations 3 ($1,080,000) of the intersection improvements as shown in the San Marcos FY 2009- 2010 Capital Improvement Project Detail. Project fair share contribution to be adjusted at time of payment based on the Engineering News Record (ENR) Index. 47. Developer shall prepare and process improvement plans and, prior to approval, shall 6 execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements 7 shown on the Tentative Map. Said improvements shall be installed by Developer to City Standards to the satisfaction of the City Engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable at the intersection of La Costa Avenue and Camino De Los Coches. Developer shall install 10 the traffic signal only with written authorization from the City Engineer. 11 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in j3 said agreement. The developer/owner may be eligible for partial reimbursement from the City's Traffic Impact Fee program. A reimbursement agreement must be approved by 14 the City prior to the final map recordation. 48. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Rancho Santa Fe Road and La Costa Ave., except locations as shown on the tentative map. 17 49. Rancho Santa Fe Road shall be dedicated by Owner along the project frontage based on a 18 street center line to right of way width of 63-feet (plus additional right of way for turn lanes, bus turnouts, utility services and transitions) as shown on the Tentative Map and in conformance with City of Carlsbad Standards. 20 50. La Costa Avenue shall be dedicated by Owner along the project frontage based on a 21 street center line to right of way width of 42-feet (plus additional right of way for turn lanes, utility services and transitions) as shown on the Tentative Map and in conformance 22 with City of Carlsbad Standards. 23 51. Developer shall provide all-weather maintenance access roads to the public drainage 24 facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the City Engineer. Where maintenance access roads are not practical and/or permitted, Developer 25 shall incorporate low-maintenance design features to the satisfaction of the City Engineer. 27 Non-Mapping Notes 28 52. Add the following notes to the final map as non-mapping data: A. Developer has executed a City standard Subdivision Improvement Agreement and PCRESONO. 6582 -12- has posted security in accordance with C.M.C. Section 20.16.070 obligating 2 Developer to install public improvements shown on the tentative map. These improvements include, but are not limited to: 3 1. Frontage improvements to Rancho Santa Fe Road including parkway and full 4 median improvements, irrigation, landscaping, pavement striping, lane - widening, and utility relocation. 2. Frontage improvements to the north side of La Costa Avenue including half 5 street overlay or reconstruction to comply with City Standards, pavement striping, lane transitions, and utility relocation. 7 3. Public street and utility improvements to Sitio Lima, Paseo Tamarindo, and Street "B".o 4. Temporary and permanent offsite storm drainage improvements including n detention facilities if required to mitigate hydromodification requirements of the City's SUSMP, latest version. 10 B. Developer has executed a City standard Subdivision Improvement Agreement and 11 has posted security in accordance with C.M.C. Section 20.16.070 to install public signal improvements shown on the Tentative Map. These signal improvements include but are not limited to constructing a new fully actuated traffic signal 13 including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of La Costa Avenue and Camino De Los Coches. 14 C. Building permits will not be issued for development of the subject property unless 15 the appropriate agency determines that sewer and water facilities are available. D. Geotechnical Caution: 17 The owner of this property on behalf of itself and all of its successors in interest 18 has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 2Q subdivision due to its construction, operation or maintenance. 21 E. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as 22 defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 24 F. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 25 that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage 2" from the drainage system or other improvements identified in the City approved 27 development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 28 PCRESONO. 6582 -13- 1 Utilities 2 53. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 3 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 54. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 55. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 9 56. The Developer shall meet with and obtain approval from the Leucadia Wastewater 10 District regarding sewer infrastructure available or required to serve this project. 11 57. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. 1 ~ 58. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding recycled water infrastructure available or required to serve this project. 14 Code Reminders: 15 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 17 59. This tentative map shall expire three years from the date on which the City Council voted 18 to approve this application. 60. Some improvements shown on the tentative map and/or required by these conditions are _„ located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. 21 The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, 22 Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 24 61. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad 25 Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. 26 62. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 28 63. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PCRESONO. 6582 -14- 64. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 65. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 66. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 6 Code Section 18.04.320. 7 67. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE10 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 12 "fees/exactions." 13 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section * 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 16 annul their imposition. 17 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this 19 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 20 expired. 21 22 23 24 25 26 27 28 PCRESONO. 6582 -15- 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, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez . MONTGOMERY, C^person CARLSBAD PLANNING COMM11HON ATTEST: DON NEU Planning Director PCRESONO. 6582 -16- 1 PLANNING COMMISSION RESOLUTION NO. 6583 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 08-07 TO 4 I SUBDIVIDE 7.14 ACRES INTO 2 OFFICE LOTS CONTAINING A MAXIMUM OF 60 AIRSPACE UNITS GENERALLY LOCATED NORTHERLY AND EASTERLY OF 6 THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE 7 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE 8 CASE NO.: CT 08-07 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino j 3 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A"-"G" for CT 08-07 and Exhibits "A" - "LL" of CT 01-09 as 18 related to CT 08-07 dated July 1, 2009, on file in the Planning Department LA COSTA 20 TOWN SQUARE - CT 08-07, as provided by Chapter 20.12 of the Carlsbad Municipal Code; 21 and 22 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 27 relating to the Tentative Tract Map. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - CT 08-07, based on the following findings and subject to the following conditions: 4 - Findings: 6 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 7 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Titles 20 and 21 governing lot o sizes and configuration and have been designed to comply with all other applicable regulations. 10 2. That the proposed project is compatible with the surrounding future land uses since 11 surrounding properties are designated Local Shopping Center (L), Open Space (OS) and Residential Low-Medium Density (RLM) on the General Plan, in that the Open Space Land Use creates an adequate buffer between the Office and Residential Low 13 Medium density Land Use and that La Costa Avenue, a Circulation Element roadway, separates the Residential Medium High Density from the Office Use 14 designation. 15 3, That the site is physically suitable for the type and intensity of the development since the , f site is adequate in size and shape to accommodate non-residential development at the intensity proposed, in that the project site can accommodate the proposed 17 development while complying with all setback, lot coverage, parking, and height development standards and public facilities requirements specified in the La Costa 18 Master Plan, LFMP Zone 11 and C.M.C. Zoning Ordinance Title 21. 1 Q 4. That the design of the subdivision or the type of improvements will not conflict with 2Q easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 21 that concurrent with recordation of the final map, the developer will vacate and adjust any easements that conflict with proposed development. 22 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 24 6. That the Planning Commission has considered, in connection with the housing proposed 25 by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental 26 resources. 27 7. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the site is included in the Habitat Conservation Plan/Ongoing Multi- Species Plan, and the project will implement the required mitigation measures applicable to this site as identified in the La Costa Town Square EIR. PCRESONO. 6583 -2- 8. That the discharge of waste from the subdivision will not result in violation of existing 2 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality 3 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. 9. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, and La Costa Master Plan as amended based on the facts set forth in the staff report dated July 1, 2009 including, but not limited to the following: the project will provide Office (O) services to the La Costa community as well as other local neighborhoods consistent with the General Plan and the La Costa Master Plan. 10. The project is consistent with the Citywide Facilities and Improvements Plan, the General Plan, La Costa Master Plan, and the Local Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been 11 conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks 12 and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 14 a. The project has been conditioned to provide proof from the Encinitas Union 15 Elementary and San Dieguito Union High School Districts that the project has satisfied its obligation for school facilities. 16 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 18 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 19 collected prior to the issuance of building permit. 20 11. The project has been conditioned to pay any increase in public facility fee, or new 2} construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 22 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 23 12. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. 25 13. That all necessary public facilities required by the Growth Management Ordinance will 26 be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the Growth Management performance standards are contained within the Zone 11 LFMP and the project will comply with the general and special conditions of the zone, and that there have been previous developments approved in the La Costa Master Plan and Villages of La PCRESONO. 6583 -3- Costa Master Plan that have provided the necessary infrastructure to serve the 2 project. 3 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 4 15. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 7 degree of the exaction is in rough proportionality to the impact caused by the project. 8 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 10 grading permit or recordation of a final map, whichever occurs first. 11 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 12 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 14 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to .compel their compliance with said 15 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. I - 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them 18 internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 19 different from this approval, shall require an amendment to this approval. 20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 22 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 23 are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 25 with all requirements of law. 26 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or PCRESONO. 6583 -4- nondiscretionary, in connection with the use contemplated herein, and 2 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 3 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 4 approval is not validated. 6. Developer shall implement, or cause the implementation of, the La Costa Town Square 5 EIR 01-02 Project Mitigation Monitoring and Reporting Program. 7 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- making body. 9 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 10 Director from the Encinitas Union Elementary and San Dieguito Union High School Districts that this project has satisfied its obligation to provide school facilities. 11 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to 13 that Plan prior to the issuance of building permits. 14 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-11(C), CP 01-03, HDP 01-05, and SDP 01-03 and is 15 subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 1fi 6579, 6580, 6584, 6586, and 6587 for those other approvals incorporated herein by reference. 17 11. Building permits will not be issued for this project unless the local agency providing 18 water and sewer services to the project provides written certification to the City that adequate water Service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 2Q facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 21 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 22 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 24 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 25 approval will not be consistent with the General Plan and shall become void. 2° 13. Developer shall submit to the City a Notice of Restriction executed by the owner of the 27 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 28 parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map by Resolution No. CT 08-07 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details PCRESONO. 6583 -5- and all conditions of approval as well as any conditions or restrictions specified for 2 inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a 3 showing of good cause by the Developer or successor in interest. 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and - Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 5 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 7 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 10 16. Developer shall establish an owner's association and corresponding covenants, conditions and restrictions (CC&Rs) for each lot. Said CC&Rs shall be submitted to and approved 11 by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 14 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 17 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 18 within 30 days for the official record. 19 c. Failure of Association to Maintain Common Area Lots and Easements. In the event 2Q that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the 21 City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 22 Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the 24 giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 25 period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 27 d. Special Assessments Levied by the City. In the event the City has performed the 28 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's PCRESONO. 6583 -6- Easements. The City shall provide a copy of such invoice to each Owner in the 2 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in 3 the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, - payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City 6 may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all 7 other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share ° of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right 10 and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article [ of this Declaration. 13 e. Landscape Maintenance Responsibilities. The owners association and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 14 17. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a 17 minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 18 Engineering: 2Q NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building 21 or grading permit whichever occurs first. 22 General 23 18. Prior to hauling dirt or construction materials to or from any proposed construction site 24 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 25 19. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit issuance. 28 20. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared PCRESONO. 6583 -7- private improvements within this subdivision, including but not limited to private streets, 2 parking areas, utilities, street trees, walkways, landscaping, retaining walls, onsite lighting, raised medians, , water quality treatment measures, low impact development 3 features, storm drain facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 21. There shall be one Final Map recorded for this project. 6 22. Developer shall install sight distance corridors at all street intersections and driveways in 7 accordance with City Engineering Standards. o Fees/Agreements 9 23. Developer shall cause property owner to execute and submit to the City Engineer for 10 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 24. Developer shall cause property owner to process, execute and submit an executed copy to ,, the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 14 treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of-a grading permit or building permit, 15 or the recordation of a final map, whichever occurs first for this Project. 25. Developer shall cause property owner to execute, and submit to the City Engineer for 17 recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction 18 document shall: 19 A. Clearly delineate the limits of the drainage course; and B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in 22 damage to the underlying and adjacent properties or the creation of a public nuisance. 23 26. Prior to the approval of the Final Map the developer shall pay a fair share contribution for improvements to the intersection of Rancho Santa Fe Road and San Marcos Boulevard _ _ located in the City of San Marcos. The fair share contribution, per the Caltrans Method for Calculating Equitable Mitigation Measures, has been determined to be $994 based on a 2/r 0.09% cumulative impact of the project traffic through the intersection and the Private Developers Obligations ($1,080,000) of the intersection improvements as shown in the San 27 Marcos FY 2009-2010 Capital Improvement Project Detail. Project fair share contribution to be adjusted at time of payment based on the Engineering News Record (ENR) Index. 28 27. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final PCRESONO. 6583 -8- map for this project, Developer shall cause Owner to execute an Agreement to annex the 2 subject property into City of SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary to annex the 3 property into SL&LD #2. 4 28. Developer shall cause property owner to execute and submit to the City Engineer for - recordation the City's standard form Street Tree Maintenance Agreement. 6 29. Prior to approval of the Final Map, Developer shall cause Property Owner to execute and submit to the City for recordation a Prepayment Agreement with the 7 City for prepayment of the obligation for funding to improve Rancho Santa Fe Road, which will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. The o Prepayment Agreement shall be in a form to the satisfaction of the City Attorney and City Engineer. 10 Grading 11 30. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and 13 submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 14 31. Developer shall apply for and obtain a grading permit from the City Engineer. Developer 15 shall pay all applicable grading permit fees per the City's latest fee schedule and shall , f post security per City Code requirements. 17 32. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading 18 operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on 2Q a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 21 33. This project requires off site grading. No grading for private improvements shall occur outside the project unless Developer obtains, records, and submits a recorded copy, to the 22 City Engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case 24 Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of 25 substantial conformance and/or consistency determination from both the City Engineer and Planning Director.26 27 34. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 28 but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or PCRESONO. 6583 -9- devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 2 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 3 35. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 36. Prior to the issuance of grading permit or building permit, whichever occurs first, 5 Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements 7 and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant o runoff during construction of the proj ect. 10 37. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 11 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 13 38. Developer shall incorporate Low Impact Development (LID) design techniques, on all 14 final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and , , evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook 17 (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 18 volume, peak flow rate, velocity and pollutants. 39. Developer shall submit documentation, subject to City Engineer approval, demonstrating 2Q how this project complies with Interim Hydromodification requirements per the City's SUSMP, latest version. Documentation shall be included within the Storm Water 21 Management Plan (SWMP). 22 Dedications/Improvements 23 40. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for 24 the Pedestrian Access purposes as shown on the Tentative Map. The offer shall be made by a certificate on the Final Map or by separate recorded document as required for each 25 City or District. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of 27 the City Engineer. 28 41. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the City. Developer shall pay the standard improvement PC RESO NO. 6583 -10- plan check and inspection fees for private drainage systems. 2 42. Developer shall prepare and process public improvement plans and, prior to City 3 Engineer approval of said plans, shall execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the Tentative Map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: 7 A. Sidewalk and pedestrian ramps. B. Frontage improvements to the north side of La Costa Avenue including half 8 street overlay or reconstruction to comply with City Standards, standard street cross section requirements, lane transitions, and utility relocation. C. Storm drain improvements to connect private drainage systems to public storm drain inlets or cleanouts. D. Temporary and permanent offsite storm drainage improvements including 11 detention facilities if required to meet hydromodification requirements of the City's SUSMP, latest version. 12 Prior to submittal of improvement plans for La Costa Ave., the Engineer of Work shall submit detailed cross sections for review and approval of proposed design. 14 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the 15 subdivision or development improvement agreement or such other time as provided in said agreement.16 17 43. Developer shall prepare and process improvement plans and, prior to approval, shall execute a City standard Subdivision Improvement Agreement to install and shall post 18 security in accordance with C.M.C. Section 20.16.070 for public signal improvements shown on the Tentative Map. Said improvements shall be installed by Developer to City 19 Standards to the satisfaction of the City Engineer. More specifically, these signal improvements include but are not limited to constructing new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable at the intersection of La Costa Avenue and Calle Timiteo. Developer shall install the traffic signal only with written authorization from the City Engineer. Developer shall pay the 22 standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development 23 improvement agreement or such other time as provided in said agreement. 24 44. Developer shall prepare and process improvement plans and, prior to approval, shall 25 execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements 26 shown on the Tentative Map. Said improvements shall be installed by Developer to City Standards to the satisfaction of the City Engineer. More specifically, these signal 2' improvements include but are not limited to constructing new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable at the intersection of La Costa Avenue and Camino De Los Coches. Developer shall install the traffic signal only with written authorization from the City Engineer. Developer shall PCRESONO. 6583 -11- pay the standard improvement plan check and inspection fees. Improvements listed above 2 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 3 45. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting La Costa Avenue except the access opening as shown on the tentative map. 46. La Costa Avenue shall be dedicated by Owner along the project frontage based on a 5 street center line to right-of-way width of 42'-feet (plus additional right of way for turn lanes, bus turnouts, utility services and transitions) as shown on the Tentative 7 Map and in conformance with City of Carlsbad Standards. o Non-Mapping Notes 9 47. Add the following notes to the final map as non-mapping data: 10 A. Developer has executed a City standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: 13 A. Sidewalk and pedestrian ramps 14 B. Frontage improvements to the north side of La Costa Avenue including half street overlay or reconstruction to comply with City Standards, standard street cross section requirements, lane transitions, and utility relocation. Storm drain improvements to connect private drainage systems to public storm drain inlets or cleanouts. 17 D. Temporary and permanent offsite storm drainage improvements including detention facilities if required to mitigate hydromodification requirements of the 18 City's SUSMP, latest version. B. Developer has executed a City standard Subdivision Improvement Agreement and 20 has posted security in accordance with C.M.C. Section 20.16.070 to install public signal improvements shown on the Tentative Map. These signal improvements 21 include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the 22 intersection of La Costa Avenue and Calle Timiteo and La Costa Avenue and Camino De Los Coches.. j£ij 24 C. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 25 D. Geotechnical Caution: 2" The owner of this property on behalf of itself and all of its successors in interest 27 has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land 28 subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. PC RESO NO. 6583 -12- E. No structure, fence, wall, tree, shrub, sign, or other object may be placed or 2 permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans 3 standards. F. The owner of this property on behalf of itself and all of its successors in interest , has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow 5 of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved 7 development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 8 Utilities 9 48. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 10 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 12 49. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges j 3 for connection to public facilities. 14 50. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 51. The Developer shall meet with and obtain approval from the Leucadia Wastewater \ 7 District regarding sewer infrastructure available or required to serve this project. 18 52. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. 2Q 53. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding recycled water infrastructure available or required to serve this project. 21 Code Reminders: 22 23 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 24 54. This tentative map shall expire three years from the date on which the City Council voted to approve this application. 55. Some improvements shown on the tentative map and/or required by these conditions are 27 located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. 28 The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the PC RESO NO. 6583 -13- requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the 2 City to successfully acquire said property by condemnation. 3 56. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff 4 report and shown on the Tentative Map Tentative Map are for planning purposes only. 57. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 7 58. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 8 59. Approval of this request shall not excuse compliance with all applicable sections of the 9 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 60. The project shall comply with the latest disabled access requirements pursuant to Title 24 11 of the California Building Code. 12 61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 62. Any signs proposed for this development shall at a minimum be designed in conformance 14 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 15 16 NOTICE 17 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you 2Q protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 21 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 22 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 24 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this 25 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 26 expired. 27 28 PCRESONO. 6583 -14- 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, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELLB. MONTGOMERY, CARLSBAD PLANNING COM? ATTEST: 'erson ON DON NEU Planning Director PCRESONO. 6583 -15- 1 PLANNING COMMISSION RESOLUTION N(X 6584 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDOMINIUM PERMIT CP 01-03 FOR THE 4 DEVELOPMENT OF UP TO 60 AIRSPACE OFFICE UNITS ON 7.14 ACRES OF PROPERTY GENERALLY LOCATED ON PROPERTY GENERALLY LOCATED NORTHERLY AND 6 EASTERLY OF THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST 7 QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. 8 CASE NAME: LA COSTA TOWN SQUARE OFFICE 9 CASE NO.: CP01-03 10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 11 verified application with the City of Carlsbad regarding property described as 12 A portion of Section 31, Township 12 South and a portion of 13 Section 6, Township 13 South, Range 4 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las 14 Encinitas according to Map thereof No 848, in the City of Carlsbad, County of San Diego, State of California 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Condominium 18 Permit as shown on Exhibits "A" - "G" of CT 08-07 and Exhibits "A" - "LL" of CT 01-09 as 19 related to CT 08-07 dated July 1, 2009, on file in the Planning Department, LA COSTA 20 TOWN SQUARE - CP 01-03, as provided by Chapter 21.45 of the Carlsbad Municipal Code; 21 and 22 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, £.J 24 hold a duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 2° and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Condominium Permit. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - CP 01-03, based on the following findings and subject to the following conditions:4 , Findings: 6 1. That the granting of this permit will not adversely affect and will be consistent with the Municipal Code, the General Plan, applicable specific plans, master plans, and all 7 adopted plans of the City and other governmental agencies, in that the project is consistent with the Office Land Use designation and La Costa Master Plan which identifies the site as an Office site and all development standards of the n Office (O) Zone and Title 20 and 21 regulations governing subdivisions and the design of Non-residential planned developments. 10 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general long-term well-being of the neighborhood and community, in that the proposed non-residential planned development will be compatible with the surrounding commercial, open space and residential uses and will provide opportunities for services and employment of local residents. 14 3. That such project will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the Open Space Land Use creates an adequate buffer between the Office and Residential Low Medium density Land Use and that La 17 Costa Avenue, a Circulation Element roadway, separates the Residential Medium High Density from the Office Use designation. Access is provided at a 18 proposed signalized intersection of La Costa Avenue and Calle Timiteo. 4. The proposed nonresidential planned development meets all of the minimum 2Q development standards of the underlying zone, except for lot area in that the project site can accommodate the proposed development while complying with all 21 setbacks, lot coverage, and height development standards and public facilities requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C. 22 Title 21. 23 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 24 Code Section 14.28.020 and Landscape Manual Section I B). 25 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 28 PC RESO NO. 6584 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 grading permit or recordation of a final map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 5 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said ° conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Condominium Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 1, of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 17 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 18 with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2Q harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Condominium Permit, 22 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 25 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 26 27 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 28 7. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-11(C), CT 08-07, HDP 01-05, and SDP 01-03 and is PCRESONO. 6584 -3- subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 2 6579, 6580, 6583, 6586, and 6587 for those other approvals incorporated herein by reference. 3 8. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of final map recordation of CT 08-07. 5 9. Developer shall implement, or cause the implementation of, the La Costa Town Square 6 EIR 01-02 Project Mitigation Monitoring and Reporting Program. 7 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 10 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 11 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable ,, Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 14 approval will not be consistent with the General Plan and shall become void. 15 12. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested ^ 7 parties and successors in interest that the City of Carlsbad has issued a(n) Condominium Permit by Resolution No. 6584 on the property. Said Notice of Restriction shall note the 18 property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record _„ an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 21 Code Reminders; 22 13. Developer shall pay a landscape plancheck and inspection fee as required by Section 23 20.08.050 of the Carlsbad Municipal Code. 24 14. Approval of this request shall not excuse compliance with all applicable sections of the 25 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 26 15. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 28 PCRESONO. 6584 -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, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTEHPB. MONTG( CARLSBAD PLANNING ATTEST: erson ON DON NEU Planning Director PCRESONO. 6584 -5- 1 PLANNING COMMISSION RESOLUTION NO. 6585 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NON -RESIDENTIAL PLANNED UNIT 4 DEVELOPMENT PERMIT PUD 08-09 TO SUBDIVIDE 41.58 ACRES INTO 24 COMMERCIAL LOTS AND ONE COMMON LOT ON PROPERTY GENERALLY LOCATED NORTHERLY 6 AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST 7 QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. 8 CASE NAME: LA COSTA TOWN SQUARE 9 CASE NO.: PUD 08-09 10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 11 verified application with the City of Carlsbad regarding property described as 12 A portion of Section 31, Township 12 South and a portion of 13 Section 6, Township 13 South, Range 4 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las 14 Encinitas according to Map thereof No 848, in the City of Carlsbad, County of San Diego, State of California 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Non-Residential 18 Planned Unit Development Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 19 2009,on file in the Planning Department, LA COSTA TOWN SQUARE - PUD 08-09, as 20 provided by Chapter 21.47 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 2" relating to the Non-Residential Planned Unit Development Permit. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE - PUD 08-09, based on the following findings and subject to the following conditions: 3 Findings: 4 - 1. The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city 5 and other governmental agencies in that the project is consistent with the Local Shopping Center Land Use designation and the La Costa Master Plan which 7 identifies the site as a Local Shopping Center site and all the development standards of the Local Shopping Center Zone (C-L) and Title 20 and 21 regulations governing subdivisions and the design of non-residential planned developments, n with the exception of number of monument signs. 10 2. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well-being of the neighborhood 11 and the community in that the proposed non-residential planned development will be compatible with the surrounding office and residential uses and will provide opportunities for commercial goods and services and employment of local ] 3 residents. 14 3. Such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious "to property or improvements in the 15 vicinity in that the Open Space Land Use creates an adequate buffer between the ,,- Commercial and Residential Low Medium density Land Use and that La Costa Avenue and Rancho Santa Fe Road, both Circulation Element roadways, separates 17 the Residential Medium High density and Residential High density Land Use areas from the Local Shopping Center Land Use designation. 18 4. The proposed nonresidential planned development meets all of the minimum development standards of the underlying zone, except for lot area and number of 2Q monument signs in that the project site can accommodate the proposed development while complying with all setback, lot coverage, parking, and height development 21 standards and public facilities requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C. Zoning Ordinance Title 21. 22 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 23 Code Section 14.28.020 and Landscape Manual Section I B). 24 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 25 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 26 degree of the exaction is in rough proportionality to the impact caused by the project. 97Ll Conditions; 28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of the final map, whichever occurs first. PCRESONO. 6585 -2- 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 3 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 4 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 5 or a successor in interest by the City's approval of this Non - Residential Planned Unit Development Permit. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non - Residential Planned Unit Development Permit n documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the 10 approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 11 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 13 4. If any condition for construction of any public improvements or facilities, or the payment 14 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 1 ~* 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. 17 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 18 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees incurred by the City arising, 2Q directly or indirectly, from (a) City's approval and issuance of this Non - Residential Planned Unit Development Permit, (b) City's approval or issuance of any permit or 21 action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the 22 facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 24 6. Developer shall implement, or cause the implementation of, the La Costa Town square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 25 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 2" copy of the Site Plan reflecting the conditions approved by the final decision-making 27 body. 28 8. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-11(C), CT 01-09, HDP 01-05, and SDP 01-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, PC RESO NO. 6585 -3- 6579, 6580, 6581, 6586, and 6588 for those other approvals incorporated herein by 2 reference. 3 9. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of final map recordation of CT 01-09. 4 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 10 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such 11 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void.12 ,0 12. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County 14 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Non - 15 Residential Planned Unit Development Permit by Resolution No. 6585 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice 18 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 19 Code Reminders; 21 13. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 22 14. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 24 permit issuance, except as otherwise specifically provided herein. 25 15. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 26 27 28 PCRESONO. 6585 -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, California, held on July 15,2009, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery ABSENT: ABSTAIN: Commissioner Dominguez B. MONT CARLSBAD PLANN ATTEST: sairperson SIGN DONNEU Planning Director PCRESONO. 6585 -5- 1 PLANNING COMMISSION RESOLUTION NO. 6586 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT FOR 4 THE DEVELOPMENT OF A 83.07 ACRE SITE WITH A 284,400 SQUARE FOOT COMMUNITY SHOPPING CENTER, 55,000 SQUARE FOOT OFFICE PROJECT, AND 64 SINGLE 6 FAMILY LOT SUBDIVISION, ALL LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA AVENUE AND 7 RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 8 FACILITIES MANAGEMENT ZONE 11. o CASE NAME: LA COSTA TOWN SQUARE CASE NO: HDP 01-05 10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 11 verified application with the City of Carlsbad regarding property described as 13 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 14 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 1 -> Carlsbad, County of San Diego, State of California 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Hillside 18 Development Permit as shown on Exhibits "A" - "K" for HDP 01-05 dated July 1, 2009, on 20 file in the Carlsbad Planning Department, LA COSTA TOWN SQUARE - HDP 01-05, as 21 provided by Chapter 21.95 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did on July 1, 2009 and July 15, 2009, consider said request; and 24 WHEREAS, at said hearing, upon hearing and considering all testimony and 25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 ~7 relating to the Hillside Development Permit; and 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - HDP 01- 05 based on the following findings and subject to the following conditions: 4 , Findings: 5 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 7 2. That areas of the project, i.e., natural slopes over 40%, have been properly identified on ° the constraints map. These slopes are isolated locations and do not comprise a o prominent landform feature and therefore are developable. 10 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that manufactured slopes have been landscaped to reduce the visual impact of graded slopes; sensitive habitat areas have been mitigated through the preservation of offsite habitats per the Habitat Conservation Plan adopted for the site; and that erosion control and detention 13 basins will prevent excessive off-site siltation. The grading of the non-residential portions of the project, Commercial and Office, are exempt from the grading 14 quantities and slope height requirements of the Hillside Ordinance. However, grading of the site exceeds the grading quantity threshold of 10,000 cubic yards per acres and requires justification. The grading is required for the development of commercial uses which require large flat development pads and shallow sloping parking lots. The project contains slopes along La Costa Avenue which are over 20 17 feet in height and over 200 feet in length and have been contoured and landscaped to reduce the visual impact of the slopes. 18 4. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that slopes have been rounded where 20 possible, slopes have been screened by rich landscape plantings, buildings do not have gabled ends or overhangs and have been setback from slope edges. 21 5. That the site requires extensive grading to accommodate a circulation-element roadway, 22 in that Rancho Santa Fe Road has been realigned to cross the site and the project fronts onto La Costa Avenue. Both roadways have modified the slopes on the development site by grading to accommodate the circulation element roadways. 24 6. That the proposed modification will result in significantly more open space or 25 undisturbed area than would a strict adherence to the requirements of the ordinance, in that the site was previously identified as a site to be developed in the Habitat Conservation Plan. As such, mitigation land which is part of a larger preserve 27 system with better habitat quality than the subject site was acquired and preserved to mitigate the biological impacts to the project site. 28 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed PCRESONO. 6586 -2- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a - grading permit or recordation of a final map, whichever occurs first. 6 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 7 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 10 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Hillside Development Permit. 11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make 13 them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 14 development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 17 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 18 are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 9Q with all requirements of law. 21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 22 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Hillside Development 24 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 25 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 2" facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 28 PC RESO NO. 6586 -3- 6. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 7. Developer shall implement, or cause the implementation of, the La Costa Town Square 4 EIR 01-02 Project Mitigation Monitoring and Reporting Program. 8. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 6 01-02, MP 149(R), LFMP 87-11(C), CT 01-09, CT 08-03, CT 08-07, CP 01-03, PUD 08-09, SDP 01-03, and SDP 01-04 and is subject to all conditions contained in Planning 7 Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6587, and 6588 for those other approvals incorporated herein by reference. 8 Q 9. This approval for CT 01-09 shall become null and void if grading permits are not issued for CT 01-09 within 36 months from the date of Final map recordation of CT 01-09. 10 10. This approval for CT 08-03 shall become null and void if grading permits are not issued 11 for CT 08-03 within 36 months from the date of Final map recordation of CT 08-03. 12 11. This approval for CT 08-07 shall become null and void if grading permits are not issued 13 for CT 08-07 within 36 months from the date of Final map recordation of CT 08-07. 14 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides -written certification to the City that 15 adequate water service and sewer facilities, respectively, are available to the project at the . , time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 17 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 18 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 2Q Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 21 approval will not be consistent with the General Plan and shall become void. 22 14. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 24 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Hillside Development Permit by Resolution No. 6586 on the 25 property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any " conditions or restrictions specified for inclusion in the Notice of Restriction. The 27 Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer 28 or successor in interest. PC RESO NO. 6586 -4- Code Reminders: 2 The project is subject to all applicable provisions of local ordinances, including but not limited to 3 the following: 4 15. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 16. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 17. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 10 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, 12 dedications, reservations, or other exactions hereafter collectively referred to for convenience as fees/exactions." 13 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 14 you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 15 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 17 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, , n zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 20 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 21 22 23 24 25 26 27 28 PC RESO NO. 6586 -5- 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, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONlGOMERJfjLhairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6586 -6- 1 PLANNING COMMISSION RESOLUTION NO. 6587 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 01-03 TO CONSTRUCT TWO 4 OFFICE BUILDINGS TOTALING 55,000 SQUARE FEET ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO 6 SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES 7 MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE OFFICE 8 CASE NO.: SDP 01-03 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development 17 Plan as shown on Exhibits "A" - "G" for CT 08-07 dated July 1, 2009, on file in the Planning 18 Department, LA COSTA TOWN SQUARE OFFICE - SDP 01-03 as provided by Chapter 2Q 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Site Development Plan.26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 2 Commission APPROVES LA COSTA TOWN SQUARE OFFICE - SDP 01- 03 based on the following findings and subject to the following conditions: 3 Findings; 4 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or 7 traffic circulation, in that the project site can accommodate the proposed development while complying with all setback, lot coverage, parking, and height development ° standards, and public facilities requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C. Title 21 and that the project is consistent with and implements the Office General Plan Land Use designation and the La Costa Master 10 Plan which identifies the site as an Office site. The proposed office use is compatible with the proposed adjacent commercial development and adjacent existing and 11 proposed residential uses as adequate separation in the form of open space and Circulation Element roadways.12 ' 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project site can accommodate the proposed non-residential development 14 while complying with all setback, lot coverage, parking, and height development standards of the La Costa Master Plan and Office Zone. 15 That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 16 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project has been.designed in accordance with all development and design standards of the La Costa Master Plan and Title 21; therefore, the project is compatible with existing permitted and future uses. Further, the proposed office project will be setback from La Costa Avenue a 19 minimum of 50 feet and adequate circulation, access aisles, parking spaces, and landscaping will be provided and maintained. The project proposes structures over 35 feet in height and has provided the increased landscaped setbacks to allow ~ * buildings up to 44 feet in height. 22 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the surrounding public streets will be improved 23 to their full-width improvements, including curbs, gutters, and sidewalks; and that the analysis included in the EIR 01-02 for the La Costa Town Square project 24 demonstrates that the proposed streets will be adequate to accommodate the traffic ,-<- generated by this project. 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 27 6. The Planning Commission has reviewed each of the exactions imposed on the Developer 28 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PCRESONO. 6587 -2- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 grading permit or building permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said ° conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 17 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 18 with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims. 21 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, 22 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 25 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.26 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 28 PCRESONO. 6587 -3- 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 2 copy of the Site Plan reflecting the conditions approved by the final decision-making body. 3 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 5 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide 7 school facilities. o 10. This project shall comply with all conditions and mitigation measures which are required n as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-ll(C), CT 08-07, CP 01-03, and HDP 01-05 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6583, 6584, and 6586 for those other approvals incorporated herein by 13 reference. 14 12. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of final map recordation of CT 08-07. ,, 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 17 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and 18 thriving condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2Q landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 21 15. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 22 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal _ Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 24 satisfaction of the Planning Director. 25 16. Prior to Building permit issuance, the Developer shall show on the building plans architecturally integrated roof top screens to conceal mechanical equipment and the roof tops of buildings from offsite residential views to the satisfaction of the 27 Directors of Community Development and Planning. The roof top screens shall be installed on each building requiring such screening prior to the occupancy of the 28 commercial building. PC RESO NO. 6587 -4- 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 2 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 3 approved plan. - including parking areas. All lighting shall be designed to reflect downward and avoid 4 18. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall any impacts on adjacent homes or property. 6 19. Building permits will not be issued for this project unless the local agency providing 7 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 10 20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 11 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such I T taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 14 21. Developer shall submit to the City a Notice of Restriction executed by the owner of the 15 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Site 17 Development Plan by Resolution No. 6587 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details 18 and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a _„ showing of good cause by the Developer or successor in interest. 21 22. The buildings shall be designed and built to accommodate solar energy by installing conduits, providing space for roof mounted photo voltaic panels and space in 22 equipment rooms for power converters. Code Reminders; 24 23. Developer shall pay a landscape plancheck and inspection fee as required by Section 25 20.08.050 of the Carlsbad Municipal Code. 26 24. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 28 25. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. PC RESO NO. 6587 -5- [10 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 26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to wit: AYES: NOES: ABSENT: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery Dominguez MARTELL B. MONTGOMERY, (ppirperson CARLSBAD PLANNING COMMISSION DON NEU Planning Director PC RESO NO. 6587 -6- 1 PLANNING COMMISSION RESOLUTION NO. 6588 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 01-04 TO 4 CONSTRUCT A LOCAL SHOPPING CENTER PROJECT OF 284,400 SQUARE FEET ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA 6 COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE 7 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE 8 COMMERCIAL 9 CASE NO.: SDP 01-04 10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 11 verified application with the City of Carlsbad regarding property described as 12 A portion of Section 31, Township 12 South and a portion of 13 Section 6, Township 13 South, Range 4 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las 14 Encinitas according to Map thereof No 848, in the City of Carlsbad, County of San Diego, State of California 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development 18 Plan as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the Planning 19 Department, LA COSTA TOWN SQUARE COMMERCIAL - SDP 01-04 as provided by 20 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors ^" relating to the Site Development Plan. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. r-n B) That based on the evidence presented at the public hearing, the Planning 2 Commission RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE COMMERCIAL - SDP 01-04 based on the following findings and 3 subject to the following conditions: Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which 7 the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project site can accommodate the proposed development ° while complying with all setback, lot coverage, parking, and height development „ standards, and public facilities requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C. Title 21, except for monument signs, and that the I Q project is consistent with and implements the Local Shopping Center General Plan Land Use designation and the La Costa Master Plan which identifies the site as a I1 Local Commercial shopping center site. The proposed commercial use is compatible with the proposed adjacent office and existing commercial development and 12 adjacent existing and proposed residential uses as adequate separation in the form I o of open space and a Circulation Element roadway are provided. 14 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project site can accommodate the proposed commercial development 15 while complying with all setback, lot coverage, parking, and height development standards, except for the additional monument sign request.16 . That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project has been designed in accordance with all development and design standards of the La Costa Master Plan and Title 21; 19 therefore, the project is compatible with existing permitted and future uses. Further, the proposed commercial project will be setback from La Costa Avenue and Rancho Santa Fe Road a minimum of 50 feet and adequate circulation, access ,->-. aisles, parking spaces, and landscaping will be provided and maintained. The project has requested structures over 45 feet in height and has provided the 22 increased landscaped setbacks to allow buildings up to 55 feet in height. 23 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the surrounding public streets will be improved 24 to their full-width improvements, including curbs, gutters, and sidewalks; and that „,. the analysis included in the EIR 01-02 for the La Costa Town Square project demonstrates that the proposed streets will be adequate to accommodate the traffic 26 generated by this project. 27 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 28 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed PC RESO NO. 6588 -2- to mitigate impacts caused by or reasonably related to the project, and the extent and the 2 degree of the exaction is in rough proportionality to the impact caused by the project. 3 Conditions: 4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 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 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 10 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan. 11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 14 different from this approval, shall require an amendment to this approval. 15 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of final map recordation.16 1 -7 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 18 are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 22 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, 24 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 25 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 26 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 28 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. PCRESONO. 6588 -3- 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 2 copy of the Site Plan reflecting the conditions approved by the final decision-making body. 3 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blue line drawing format (including any applicable Coastal Commission approvals). 5 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide 7 school facilities. o 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 11 01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, and HDP 01-05 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, and 6586 for those other approvals incorporated herein by 13 reference. 14 12. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of final map-recordation of CT 01-09. 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 17 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 18 facilities will continue to be available until the time of occupancy. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2Q #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 21 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such 22 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 24 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County 25 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Site Development Plan by Resolution No. 6588 on the property. Said Notice of Restriction 27 shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for 28 inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PCRESONO. 6588 -4- 16. Developer shall submit and obtain Planning Director approval of a Final Landscape and 2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 4 , 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 6 project's building, improvement, and grading plans. 7 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal ° Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 10 19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 11 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 13 20. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 14 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 21. Developer shall construct, install, and stripe the requisite number of parking stalls for each phase and not less than 1,422 parking spaces at project buildout. 17 22. The buildings shall be designed and built to accommodate solar energy by installing IB conduits, providing space for roof mounted photo voltaic panels and space in equipment rooms for power converters. 2Q 23. Prior to the issuance of any commercial building permits, the Developer shall consult with the City of Carlsbad Library Director to determine the feasibility for a 21 library drop box to be located on the Commercial site. If determined to be feasible, the Developer shall install a library drop box of a design to the satisfaction of the 22 Library Director and at a location to the satisfaction of the Planning Director and City Engineer. The Developer shall install the drop box prior to the occupancy of any commercial building. 24 24. Prior to Building permit issuance, the Developer shall show on the building plans 25 architecturally integrated roof top screens to conceal mechanical equipment and the roof tops of buildings from offsite residential views to the satisfaction of the Directors of Community Development and Planning. The roof top screens shall be installed on each building requiring such screening prior to the occupancy of the commercial building. 28 PC RESO NO. 6588 -5- Code Reminders: 2 25. Developer shall pay a landscape plancheck and inspection fee as required by Section 3 20.08.050 of the Carlsbad Municipal Code. 26. Approval of this request shall not excuse compliance with all applicable sections of the - Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 6 27. The project shall comply with the latest disabled access requirements pursuant to Title 24 7 of the California Building Code. Q 28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 9 Code Section 18.04.320. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6588 -6- 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, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELT B. MONTGOMERY, »Wnrperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6588 -7- 1 PLANNING COMMISSION RESOLUTION NO. 6589 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A VARIANCE TO ALLOW A MONUMENT 4 TYPE SIGN PER EACH MAJOR PROJECT ENTRY (TOTAL OF THREE, TWO ON RANCHO SANTA FE ROAD AND ONE ON LA COSTA AVENUE) ON PROPERTY GENERALLY 6 LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD 7 INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. 8 CASE NAME: LA COSTA TOWN SQUARE 9 CASE NO: V 08-02 10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 11 verified application with the City of Carlsbad regarding property described as 12 A portion of Section 31, Township 12 South and a portion of 13 Section 6, Township 13 South, Range 4 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las 14 Encinitas according to Map thereof No 848, in the City of Carlsbad, County of San Diego, State of California 16 ("the Property"); and 17 WHEREAS, said application constitutes a request to erect one entry type 1B monument sign per driveway entrance (total of three) to a commercial shopping center where the Municipal Code only allows one monument type sign per street frontage; and 20 WHEREAS, said verified application constitutes a request for a Variance as 21 shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the Carlsbad 22 Planning Department, LA COSTA TOWN SQUARE - V 08-02, provided by Chapter 21.50 of 24 the Carlsbad Municipal Code; and 25 WHEREAS, the Planning Commission did on July 1, 2009 and July 15, 2009, 2" hold a duly noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Variance. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the above recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE 6 - V 08-02 based on the following findings and subject to the following conditions: 7 Findings:8 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance 10 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, in that the size of the commercial center warrants 11 multiple major vehicular access points and that the two access points along Rancho Santa Fe Road are separated by a significant distance (700 feet) from one another. 12 Other commercial centers either do not have multiple entries from a street frontage I o or their other entries are secondary and in close proximity to one another. 14 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is 15 located and is subject to any conditions necessary to assure compliance with this finding, in that other commercial properties are not as large, do not contain the number of *" large businesses, or do not have entry locations which are significantly separated , ~ from one another on the same street frontage. 13 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property, in that all commercial 19 projects are permitted monument type signs. 20 4. That the variance is consistent with the general purpose and intent of the general plan and 71 any applicable specific or master plans, in that the additional monument sign along Rancho Santa Fe Road will provide project identity in a visually appealing design 22 which will not appear as excessive as the entry locations are not in proximity to each other and will not be incompatible with adjacent uses. The La Costa Master Plan 23 does not include restrictions on signage and refers to the Municipal Code for sign regulations and is therefore not in conflict with the La Costa Master Plan. 25 Conditions: 26 1 • If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 27 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 6589 -2- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Variance. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Variance documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall - occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. o 4. If any condition for construction of any public improvements or facilities, or the payment o of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 10 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 12 c Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Variance, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 1 , connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 17 | liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have 18 been concluded and continues even if the City's approval is not validated. 6. This approval shall become null and void if building permits are not issued for this 20 project within 36 months from the date of Final map recordation of CT 01-09. 21 7. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-11(B), and SDP 01-04, and is subject to all conditions 22 contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, and 6588 for those other approvals incorporated herein by reference. 24 Code Reminders; 25 8. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance, except per V 08-02, and shall require review and approval of the Planning Director prior to installation of such signs. 27" 28 PC RESO NO. 6589 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez B. MONTGOMERY,, CARLSBAD PLANNING COM? ATTEST: rson SION DON NEU Planning Director PCRESONO. 6589 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6590 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A GAS STATION AND DRIVE THRU CAR WASH ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE-LOT 14 8 CASE NO.: CUP 04-18 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the 18 Planning Department, LA COSTA TOWN SQUARE LOT 14 - CUP 04-18, as provided by 2Q Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 14 - CUP 04-18, based on the following findings and subject to the following 3 conditions: Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 7 car wash and gas station will provide a service generally lacking in the immediate area of the La Costa Community and that the site is designed as part of a local shopping center as part of the La Costa Master Planned Community and will not have a direct physical impact to other commercial or residential developments in the area. 10 2. That the requested use is not detrimental to existing uses or to uses specifically permitted 1 in the zone in which the proposed use is to be located in that the proposed car wash and gas station is located within a Local Commercial Shopping center as designated by the La Costa Master Plan and General Plan Land Use Element and is not adjacent 13 to sensitive land uses. The carwash is separated from proposed residential single family uses to the east by open space and multi-family uses to the north by Rancho 14 Santa Fe Road. The overall project includes noise attenuation walls along the Paseo Lupino project entry to protect the future residential uses from project and roadway noise impacts. The carwash provides an adequate vehicle stacking lane to prevent blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. 17 3. That the site for the proposed conditional use is adequate in size and shape to 18 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with 2Q other uses in the neighborhood, in that the site design for the car wash and gas station complies with all setback, building height, parking, and development requirements 21 for gas stations and car washes and the site will be landscaped consistent with the Carlsbad Landscape Manual and Section 21.42.140(B)45.f to screen cars waiting for 22 the carwash and 21.42.140(B).65.b for general site landscaping. The proposed ~- drive-thru facilities lanes are designed so that they will not impact other commercial uses in the center. The architecture of the proposed buildings follows the 24 Mediterranean/Tuscan theme of the commercial center. The location of the carwash is such that it is below the grade of adjacent Rancho Santa Fe Road and the 25 entry driveway at Paseo Lupino and will not be readily visible from the public roadway. The overall project is conditioned to submit a comprehensive sign " program for which this project shall be a part. 27 That the street system serving the proposed use is adequate to properly handle all traffic 28 generated by the proposed use, in that the surrounding public streets will be improved to their full-width improvements, including curbs, gutters, and sidewalks; and that the analysis included in the EIR 01-02 for the La Costa Town Square project PC RESO NO. 6590 -2- demonstrates that the proposed streets and project driveways will be adequate to 2 accommodate the traffic generated by this project. 3 5. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 4 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. g Conditions: 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 8 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 10 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 11 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the *2 property title; institute and prosecute litigation to compel their compliance with said I T conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. 14 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 15 and modifications to the Conditional Use Permit documents, as necessary to make them t internally consistent and in conformity with the final action on the project. Development 1 shall occur substantially as shown on the approved Exhibits. Any proposed development, 17 different from this approval, shall require an amendment to this approval. 18 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. ?ri 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 21 are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 22 invalid unless the City Council determines that the project without the condition complies with all requirements of law. •u> J 24 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 25 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 26 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 28 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation PC RESO NO. 6590 -3- survives until all legal proceedings have been concluded and continues even if the City's 2 approval is not validated. 3 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 4 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 6 body. 7 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School ° District that this project has satisfied its obligation to provide school facilities. 9 9. This project shall comply with all conditions and mitigation measures which are required 10 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. !1 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 12 01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01- 13 04 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals 14 incorporated herein by reference. 15 11. This approval shall become null and void if building permits are not issued for this . , project within 36 months from the date of final map recordation of CT 01-09. 17 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 18 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 20 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 21 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 22 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 24 approval will not be consistent with the General Plan and shall become void. 25 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County ^" Recorder, subject to the satisfaction of the Planning Director, notifying all interested 27 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6590 on the property. Said Notice of Restriction shall 28 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 PC RESO NO. 6590 -4- record an amendment to the notice which modifies or terminates said notice upon a 2 showing of good cause by the Developer or successor in interest. 3 15. CUP 04-18 shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial 4 negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being 5 exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have 7 not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the Planning Director shall recommend that the Planning 10 Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 13 16. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial 14 detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 15 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 17 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and 18 thriving condition, free from weeds, trash, and debris. 19 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2Q landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 21 19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 22 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 24 satisfaction of the Planning Director. 25 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 27 approved plan. 28 21. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 6590 -5- 22. The carwash shall not be in service between the hours of 10:00 PM and 6:OOAM 2 unless an acoustical analysis prepared by a professional acoustical engineer can show that the carwash will not cause a significant noise impact on adjacent 3 residential uses per the City of Carlsbad Noise Guidelines Manual. Engineering: 23. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 7 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or ° devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 10 24. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the 1 3 completed PTAF all to the satisfaction of the City Engineer. 14 25. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce'the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural *s drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 17 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: 18 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 2Q 26. Developer shall submit and receive approval for a Storm Water Management Plan (SWMP) to the City of Carlsbad Engineering Department. This project qualifies as a 21 "priority project" as defined by City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP), and therefore, the project is required to capture and reduce pollutants to a 22 level of insignificance. The organization and content of the SWMP shall be prepared in accordance with the guidelines established by the City of Carlsbad. The SWMP shall address the anticipated pollutants of concern associated with the Project. The SWMP shall 24 also suggest the type(s) of post-construction (structural) Best Management Practices (BMPs) required to capture and filter said pollutants of concern and establish maintenance 25 provisions for said BMPs. 27. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 28 treatment control,, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a final map, whichever occurs first for this Project. PC RESO NO. 6590 -6- 28. Supplemental grading plans are required for precise grading associated with this project. 2 Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the site plan all subject to City Engineer approval. 3 Code Reminders: 4 29. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 6 30. Approval of this request shall not excuse compliance with all applicable sections of the 7 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein.8 n 31. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 10 32. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 11 Code Section 18.04.320. 12 NOTICE 13 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as , r "fees/exactions." 16 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 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 j 9 annul their imposition. 20 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this ~~ project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 23 expired. 24 25 26 27 28 PC RESO NO. 6590 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTEELB. MONTGOMERY, CARLSBAD PLANNING} COM? ATTEST: icrson ION DONNEU Planning Director PC RESO NO. 6590 -8-tfO 1 PLANNING COMMISSION RESOLUTION NO. 6591 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL INSTITUTION ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE - LOT 24 8 CASE NO.: CUP 08-01 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the 18 Planning Department, LA COSTA TOWN SQUARE LOT 24 - CUP 08-01, as provided by 20 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE LOT 24 - CUP 08-01, based on the following findings and subject to the following 3 conditions: 4 Findings: 1. That the requested use is necessary or desirable for the development of the community, 5 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 7 project is consistent with the La Costa Master Plan and General Plan as discussed in the staff report and the drive-thru, which is an ancillary use to the permitted use in ° the C-L zone, provides a desirable service, and is a convenience to the community by o providing increased accessibility to the use and is designed to operate safely and efficiently within the commercial center. The drive-thru lane includes directional 10 arrows in the parking lot to guide users to the windows and provides adequate stacking to avoid any impacts to the circulation system, internal or external, and all 11 drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the drive-thru lane. 13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the drive-thru lane is 14 designed so that it will not impact other commercial uses in the center. The drive- thru lane is designed to allow for adequate queuing without blocking the 1 ~> commercial centers internal circulation aisles, parking aisles, or parking spaces. 3. That the site for the proposed conditional use is adequate in size and shape to 17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 18 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the project complies with all of the applicable development standards of the C-L Zone and the design of the drive-thru lane 2Q utilizes a building design element to pass under with planters and landscaping to screen and separate the drive-thru lane from the parking lot, drive aisles, and 21 Rancho Santa Fe Road. 22 4, That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02 and that the La Costa Town Square Shopping Center has an adequate circulation 24 system and all public rights-of way will be in place to accommodate the drive thru. The project will provide directional signage and arrows in the parking lot to guide 25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting the internal circulation system.26 y 27 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and 28 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PCRESONO. 6591 -2- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. 3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 4 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 5 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions: 8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 11 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to *2 revoke or modify all approvals herein granted; deny or further condition issuance of all ,., future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 14 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 15 or a successor in interest by the City's approval of this Conditional Use Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections j7 and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 18 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. «,, 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 21 4. If any condition for construction of any public improvements or facilities, or the payment 22 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 24 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 25 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 2g or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PCRESONO. 6591 -3- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 6 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 7 copy of the Site Plan reflecting the conditions approved by the final decision-making body.8 3 o 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 10 format (including any applicable Coastal Commission approvals). 11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 13 10. This project shall comply with all conditions and mitigation measures which are required 14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. " ... 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01- 17 04, and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals 18 incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this 2Q project within 36 months from the date of final map recordation of CT 01-09. 21 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 22 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 24 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 2" Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 27 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 28 approval will not be consistent with the General Plan and shall become void. PCRESONO. 6591 -4- 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6591 on the property. Said Notice of Restriction shall 4 note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and 5 record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 16. CUP 08-01 shall be reviewed by the Planning Director annually to determine if all ° conditions of this permit have been met and that the use does not have a substantial n negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised 11 contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare 14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be 15 heard, the Planning Commission may revoke and terminate the Conditional Use Permit in , s whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17 17. This Conditional Use Permit is granted without an expiration date. This permit may be 18 revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and 21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 22 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. £*.J 24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 25 project's building, improvement, and grading plans. 9' f\Code Reminders: 27 20. Developer shall pay a landscape plancheck and inspection fee as required by Section 28 20.08.050 of the Carlsbad Municipal Code. PCRESONO. 6591 -5- 21. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 22. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 4 - 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 6 NOTICE 7 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 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 12 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 13 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions I r DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this 16 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6591 -6- 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, California, held on July 15, 2009 by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTEEL B. MONT CARLSBAD PLANN ATTEST: irperson ION DON NEU Planning Director PCRESONO. 6591 -7- 1 PLANNING COMMISSION RESOLUTION NO. 6592 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL INSTITUTION ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE - LOT 12 8 CASE NO.: CUP 08-02 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the 18 Planning Department, LA COSTA TOWN SQUARE LOT 12 - CUP 08-02, as provided by 20 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct.'m B) That based on the evidence presented at the public hearing, the Commission 2 RECOMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 12 - CUP 08-02, based on the following findings and subject to the following 3 conditions: Findings: That the requested use is necessary or desirable for the development of the community, 6 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 7 project is consistent with the La Costa Master Plan and General Plan as discussed in the staff report and the drive-thru, which is an ancillary use to the permitted use in the C-L zone, provides a desirable service, and is a convenience to the community by providing increased accessibility to the use and is designed to operate safely and efficiently within the commercial center. The drive-thru lane includes directional 10 arrows in the parking lot to guide users to the windows and provides adequate stacking to avoid any impacts to the circulation system, internal or external, and all drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the drive-thru lane. 13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the drive-thru lane is 14 designed so that it will not impact other commercial uses in the center. The drive- thru lane is designed to allow for adequate queuing without blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. That the site for the proposed conditional use is adequate in size and shape to 17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 18 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the project complies with all of the applicable development standards of the C-L Zone and the design of the drive-thru lane 2Q utilizes a building design element to pass under with planters and landscaping to screen and separate the drive-thru lane from the parking lot, drive aisles, and 21 Rancho Santa Fe Road. 22 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02 and that the La Costa Town Square Shopping Center has adequate circulation 24 system and all public rights-of way will be in place to accommodate the drive thru. The project will provide directional signage and arrows in the parking lot to guide 25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting the internal circulation system.26 ' 27 5. The project is consistent with the City wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and 28 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PC RESO NO. 6592 -2- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. 3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 4 7, The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed g to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions: 8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 11 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 12 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 14 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 15 or a successor in interest by the City's approval of this Conditional Use Permit. 1" 2. Staff is authorized and directed to make, or require the Developer to make, all corrections , 7 and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 18 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 19 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 21 4. If any condition for construction of any public improvements or facilities, or the payment 22 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 23 Section 66020. If any such condition is determined to be invalid, this approval shall be 94 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 25 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 2' and costs, including court costs and attorney's fees incurred by the City arising, directly 2g or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 6592 -3- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 - 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 6 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 7 copy of the Site Plan reflecting the conditions approved by the final decision-making body.8 n 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 10 format (including any applicable Coastal Commission approvals). 11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 13 10. This project shall comply with all conditions and mitigation measures which are required 14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. - 1, \ 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01- 17 04, and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals 18 incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this on project within 36 months from the date of final map recordation of CT 01-09. 21 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 22 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 24 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 28 approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6592 -4- 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6592 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 16. CUP 08-02 shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare 14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be * -> heard, the Planning Commission may revoke and terminate the Conditional Use Permit in ,,- whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17 17. This Conditional Use Permit is granted without an expiration date. This permit may be 18 revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and 21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 22 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 25 project's building, improvement, and grading plans. Code Reminders: 27 20. Developer shall pay a landscape plancheck and inspection fee as required by Section 28 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 6592 -5- 21. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 22. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 6 Code Section 18.04.320. 7 NOTICE 8 Please take NOTICE that approval of your project includes the "imposition" of fees, 9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 10 1 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 12 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.14 You are hereby FURTHER NOTIFIED that your right to" protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 16 zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6592 -6- 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, California, held on July 15, 2009 by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONT^DMERY, CARLSBAD PLANNING COM! ATTEST: irperson SIGN DON NEU Planning Director PC RESO NO. 6592 -7- 1 PLANNING COMMISSION RESOLUTION NO. 6593 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A GAS STATION AND DRIVE THRU CAR WASH ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE - LOT 7 8 CASE NO.: CUP 08-03 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the 18 Planning Department, LA COSTA TOWN SQUARE LOT 7 - CUP 08-03, as provided by 2Q Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP.26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE LOT 7 - CUP 08-03, based on the following findings and subject to the following 3 conditions: Findings; 1. That the requested use is necessary or desirable for the development of the community, 5 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 7 car wash and gas station will provide a service generally lacking in the immediate area of the La Costa Community and that the site is designed as part of a local shopping center as part of the La Costa Master Plan Community and will not have a o direct physical impact to other commercial or residential developments in the area. 10 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed car wash and gas station is located within a Local Commercial Shopping center as designated by the La Costa Master Plan and General Plan Land Use Element and is not adjacent to sensitive land uses. The carwash is separated from proposed multi-family uses to 13 the north by Rancho Santa Fe Road. The carwash provides an adequate vehicle stacking lane as to prevent blocking the commercial centers internal circulation 14 aisles, parking aisles or parking spaces. 3. That the site for the proposed conditional use is adequate in size and shape to ., accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 17 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the site design for the car wash and gas station 18 complies with all setback, building height, parking, and development requirements for gas stations and car washes and the site will be landscaped consistent with the Carlsbad Landscape Manual and Section 21.42.140(B)45.f to screen cars waiting for 2Q the carwash and 21.42.140(B).65.b for general site landscaping. The proposed drive-thru facilities lanes are designed so that they will not impact other commercial 21 uses in the center. The architecture of the proposed buildings follows the Mediterranean/Tuscan theme of the commercial center. The location of the 22 carwash is such that it is below the grade of adjacent Rancho Santa Fe Road and the right-in only entry driveway and will not be readily visible from the public roadway. The overall project is conditioned to submit a comprehensive sign program for 24 which this project shall be a part. 25 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the surrounding public streets will be improved to their full-width improvements, including curbs, gutters, and sidewalks; and that 27 the analysis included in the EIR 01-02 for the La Costa Town Square project demonstrates that the proposed streets will be adequate to accommodate the traffic 28 generated by this project. PC RESO NO. 6593 -2- The project is consistent with the City wide Facilities and Improvements Plan, the Local 2 Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide 3 funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the - project will be installed to serve new development prior to or concurrent with need. 5 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 7 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 10 ^ ,-•Conditions; 11 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 12 grading permit or building permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 14 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 15 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 18 or a successor in interest by the City's approval of this Conditional Use Permit. 19 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 22 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 23 regulations in effect at the time of building permit issuance. 24 4. If any condition for construction of any public improvements or facilities, or the payment 25 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 26 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies ^' with all requirements of law. 28 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and PC RESO NO. 6593 -3- representatives, from and against any and all liabilities, losses, damages, demands, claims 2 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, 3 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, - including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 5 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 9 body. 10 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 1 format (including any applicable Coastal Commission approvals). 12 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 14 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 17 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01- 18 04 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals incorporated herein by reference. 20 11. This approval shall become null and void if building permits are not issued for this 21 project within 36 months from the date of final map recordation of CT 01-09. 22 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 24 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 25 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2" #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 27 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 28 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6593 -4- 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6593 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and , all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and 5 record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 15. CUP 08-03 shall be reviewed by the Planning Director annually to determine if all ° conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare 14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in , 6 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17 16. This Conditional Use Permit is granted without an expiration date. This permit may be 18 revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 20 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and 21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 22 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 24 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 25 project's building, improvement, and grading plans. 19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning 28 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. PC RESO NO. 6593 -5- 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 2 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 3 approved plan. 21. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall any impacts on adjacent homes or property. <. including parking areas. All lighting shall be designed to reflect downward and avoid 6.. Engineering: 7 22. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 10 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 11 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 13 23. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 14 Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 24. Developer shall incorporate Low Impact Development (LID) design techniques, on all 17 final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural 18 drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook 9Q (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 21 volume, peak flow rate, velocity and pollutants. 22 25. Within 6 months of approval of this Conditional Use Permit extension, developer shall submit and receive approval for a Storm Water Management Plan (SWMP) to the City of Carlsbad Engineering Department. This project qualifies as a "priority project" as defined 24 by City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP), and therefore, the project is required to capture and reduce pollutants to a level of insignificance. The 25 organization and content of the SWMP shall be prepared in accordance with the guidelines established by the City of Carlsbad. The SWMP shall address the anticipated pollutants of concern associated with the Project. The SWMP shall also suggest the type(s) of post- 27 construction (structural) Best Management Practices (BMPs) required to capture and filter said pollutants of concern and establish maintenance provisions for said BMPs. 28 26. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best PC RESO NO. 6593 -6- Management Practice Maintenance Agreement for the perpetual maintenance of all 2 treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, 3 or the recordation of a final map, whichever occurs first for this Project., 4 27. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the site plan all subject to City Engineer approval. 6 Code Reminders: 7 28. Developer shall pay a landscape plancheck and inspection fee as required by Section 8 20.08.050 of the Carlsbad Municipal Code. 9 29. Approval of this request shall not excuse compliance with all applicable sections of the 10 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 11 30. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 13 31. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 14 Code Section 18.04.320. 15 NOTICE 16 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."18 19 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 20 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 23 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 4 zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 27 28 PC RESO NO. 6593 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONTG^IERY, CARLSBAD PLANNING COM? ATTEST: rperson ION DON NEU Planning Director PC RESO NO. 6593 -8- 1 PLANNING COMMISSION RESOLUTION NO. 6594 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL INSTITUTION ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE - LOT 6 8 CASE NO.: CUP 08-04 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the 18 Planning Department, LA COSTA TOWN SQUARE LOT 6 - CUP 08-04, as provided by 90 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 6 - CUP 08-04, based on the following findings and subject,to the following 3 conditions: Findings: That the requested use is necessary or desirable for the development of the community, 5 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 7 project is consistent with the La Costa Master Plan and General Plan as discussed in the staff report and the drive-thru, which is an ancillary use to the permitted use in the C-L zone, provides a desirable service, and is a convenience to the community by providing increased accessibility to the use and is designed to operate safely and efficiently within the commercial center. The drive-thru lane includes directional 10 arrows in the parking lot to guide users to the windows and provides adequate stacking to avoid any impacts to the circulation system, internal or external, and all drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the drive-thru lane. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the drive-thru lane is 14 designed so that it will not impact other commercial uses in the center. The drive- thru lane is designed to allow for adequate queuing without blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. 3. That the site for the proposed conditional use is adequate in size and shape to 17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 18 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the project complies with all of the applicable development standards of the C-L Zone and the design of the drive-thru lane 2Q utilizes a building design element to pass under with planters and landscaping to screen and separate the drive-thru lane from the parking lot, drive aisles and 21 Rancho Santa Fe Road. 22 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02 and that the La Costa Town Square Shopping Center has adequate circulation 24 system and all public rights-of way will be in place to accommodate the drive thru. The project will provide directional signage and arrows in the parking lot to guide 5 drive-up users to the lane and is designed with sufficient stacking to avoid impacting the internal circulation system.26 ~- 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and 28 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PC RESO NO. 6594 -2- facilities; libraries; government administrative facilities; and open space, related to the 2 . project will be installed to serve new development prior to or concurrent with need. 3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 4 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions: 8" Q grading permit or building permit, whichever occurs first. Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 11 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 12 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 15 or a successor in interest by the City's approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections , 7 and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 8 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 19 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 21 4. If any condition for construction of any public improvements or facilities, or the payment 22 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 9 . invalid unless the City Council determines that the project without the condition complies with all requirements of law. 25 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 27 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 6594 -3- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 <. 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 6 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 7 copy of the Site Plan reflecting the conditions approved by the final decision-making body.8 y 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 10 format (including any applicable Coastal Commission approvals). 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 13 10. This project shall comply with all conditions and mitigation measures which are required 14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01- 17 04, and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals 18 incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this 2Q project within 36 months from the date of final map recordation of CT 01-09. 21 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 22 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 24 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 28 approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6594 -4- 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6594 on the property. Said Notice of Restriction shall 4 note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 16. CUP 08-04 shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised 11 contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare 14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in ,,- whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17 17. This Conditional Use Permit is granted without an expiration date. This permit may be 18 revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and 21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 22 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 25 project's building, improvement, and grading plans. Code Reminders: 27 20. Developer shall pay a landscape plancheck and inspection fee as required by Section 28 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 6594 -5- 21. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 22. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 6 Code Section 18.04.320. 7 NOTICE 8 Please take NOTICE that approval of your project includes the "imposition" of fees, 9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 10 1. You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 12 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.14 I e You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 16 zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise lg expired. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6594 -6- 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, California, held on July 15, 2009 by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELL B. MONT<|OMERY,|2&iiperson CARLSBAD PLANNING COMMISSION ATTEST: ^bi*\ /I&4 DON NEU Planning Director PC RESO NO. 6594 -7- 1 PLANNING COMMISSION RESOLUTION NO. 6595 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL INSTITUTION ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE - LOT 13 8 CASE NO.: CUP 08-05 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the 18 Planning Department, LA COSTA TOWN SQUARE LOT 13 - CUP 08-05, as provided by 2Q Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP.26 2y NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 13 - CUP 08-05, based on the following findings and subject to the following 3 conditions: Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 7 project is consistent with the La Costa Master Plan and General Plan as discussed in the staff report and the drive-thru, which is an ancillary use to the permitted use in the C-L zone, provides a desirable service, and is a convenience to the community by o providing increased accessibility to the use and is designed to operate safely and efficiently within the commercial center. The drive-thru lane includes directional 10 arrows in the parking lot to guide users to the windows and provides adequate stacking to avoid any impacts to the circulation system, internal or external, and all drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the drive-thru lane. 13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the drive-thru lane is 14 designed so that it will not impact other commercial uses in the center. The drive- thru lane is designed to allow for adequate queuing without blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. 3. That the site for the proposed conditional use is adequate in size and shape to 17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 18 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the project complies with all of the applicable development standards of the C-L Zone and the design of the drive-thru lane 2Q utilizes a building design element to pass under with planters and landscaping to screen and separate the drive-thru lane from the parking lot, drive aisles, and 21 Rancho Santa Fe Road. 22 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02 and that the La Costa Town Square Shopping Center has adequate circulation 24 system and all public rights-of way will be in place to accommodate the drive thru. The project will provide directional signage and arrows in the parking lot to guide 25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting the internal circulation system. 26 y 27 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and 28 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PC RESO NO. 6595 -2- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. 3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 4 The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and .the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions: 8" grading permit or building permit, whichever occurs first. Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 11 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 12 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 14 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 15 or a successor in interest by the City's approval of this Conditional Use Permit. *" 2. Staff is authorized and directed to make, or require the Developer to make, all corrections . - and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development I g shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 19 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 21 4. If any condition for construction of any public improvements or facilities, or the payment 22 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 23 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 25 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly ™ or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 6595 -3- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 6 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 7 copy of the Site Plan reflecting the conditions approved by the final decision-making body.8 y n 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 10 format (including any applicable Coastal Commission approvals). 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 13 10. This project shall comply with all conditions and mitigation measures which are required 14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. . , 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01- 04, and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals 18 incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this 2Q project within 36 months from the date of final map recordation of CT 01-09. 21 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 22 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 24 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 28 approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6595 -4- 27 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6595 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and ,. all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and 5 record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 16. CUP 08-05 shall be reviewed by the Planning Director annually to determine if all ° conditions of this permit have been met and that the use does not have a substantial o negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare 14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in , fi whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17 17. This Conditional Use Permit is granted without an expiration date. This permit may be 18 revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and 21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 22 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. ^* J 24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 5 project's building, improvement, and grading plans.z. Code Reminders: 27 20. Developer shall pay a landscape plancheck and inspection fee as required by Section 28 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 6595 -5- 21. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 22. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 23. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 6 Code Section 18.04.320. 7 NOTICE 8 Please take NOTICE that approval of your project includes the "imposition" of fees, 9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 10 1 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 12 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.14 I e You are hereby FURTHER NOTIFIED that your right to° protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 16 zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6595 -6- 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, California, held on July 15, 2009 by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTELI7B. MONTGOMERY, CWfperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6595 -7- 1 PLANNING COMMISSION RESOLUTION NO. 6596 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A DRIVE THRU FACILITY FOR A DRUG STORE ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE - LOT 15 8 CASE NO.: CUP 08-06 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the 18 Planning Department, LA COSTA TOWN SQUARE LOT 15 - CUP 08-06, as provided by 2Q Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDING APPROVAL of LA COSTA TOWN SQUARE LOT 15 - CUP 08-06, based on the following findings and subject to the following 3 conditions: Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 7 project is consistent with the La Costa Master Plan and General Plan as discussed in the staff report and the drive-thru, which is an ancillary use to the permitted use in the C-L zone, provides a desirable service, and is a convenience to the community by o providing increased accessibility to the use and is designed to operate safely and efficiently within the commercial center. The drive-thru lane includes directional 10 arrows in the parking lot to guide users to the windows and provides adequate stacking to avoid any impacts to the circulation system, internal or external, and all drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the drive-thru lane. 13 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the drive-thru lane is 14 designed so that it will not impact other commercial uses in the center. The drive- thru lane is designed to allow for adequate queuing without blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. 3. That the site for the proposed conditional use is adequate in size and shape to 17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 18 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the project complies with all of the applicable development standards of the C-L Zone and the design of the drive-thru lane 2Q utilizes a building design element to pass under with planters and landscaping to screen and separate the drive-thru lane from the parking lot, drive aisle, and 21 Rancho Santa Fe Road. 22 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02 and that the La Costa Town Square Shopping Center has adequate circulation 24 system and all public rights-of way will be in place to accommodate the drive thru. The project will provide directional signage and arrows in the parking lot to guide 25 drive-up users to the lane and is designed with sufficient stacking to avoid impacting the internal circulation system.26 y The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and 28 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PCRESONO. 6596 -2- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. 3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 4 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed g to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions: 8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 10 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 11 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 12 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 14 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 15 or a successor in interest by the City's approval of this Conditional Use Permit. 16 2. Staff is authorized and directed to make, or require the Developer to make, all corrections , 7 and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 1 g shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 19 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 21 4. If any condition for construction of any public improvements or facilities, or the payment 22 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 23 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 25 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 26 harmless the City of Carlsbad, its Council members, officers, employees, agents, -and representatives, from and against any and all liabilities, losses, damages, demands, claims 2' and costs, including court costs and attorney's fees incurred by the City arising, directly 23 or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 6596 -3- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 , 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 6 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 7 copy of the Site Plan reflecting the conditions approved by the final decision-making body.8 y a 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 10 format (including any applicable Coastal Commission approvals). 11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 13 10. This project shall comply with all conditions and mitigation measures which are required 14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. * 1, 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-11(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01- 17 04 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals 18 incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this 2Q project within 36 months from the date of final map recordation of CT 01-09. 21 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 22 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 24 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 2" Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 27 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 28 approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6596 -4- 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6596 on the property. Said Notice of Restriction shall 4 note the property description, location of the file containing complete project details and - all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and 5 record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 16. CUP 08-06 shall be reviewed by the Planning Director annually to determine if all ° conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised 11 contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare 14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in 1, whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17 17. This Conditional Use Permit is granted without an expiration date. This permit may be 18 revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and 21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 22 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 25 project's building, improvement, and grading plans. 20. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 28 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO. 6596 -5- 21. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 22. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall' be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 5 satisfaction of the Planning Director. 7 23. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and ° the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 10 24. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Code Reminders: 13 25. Developer shall pay a landscape plancheck and inspection fee as required by Section 14 20.08.050 of the Carlsbad Municipal Code. 15 u 26. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building I -i permit issuance, except as otherwise specifically provided herein. 18 27. The project shall comply with the latest disabled access requirements pursuant to Title 24 of the California Building Code. 19 28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 21 " 22 23 24 25 26 27 28 PC RESO NO. 6596 -6- NOTICE 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 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTEW7B. MONTGi CARLSBAD PLANNI ATTEST: tson ION DONNEU Planning Director PC RESO NO. 6596 -7- 1 PLANNING COMMISSION RESOLUTION NO. 6597 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A DRIVE THRU FACILITY FOR A FINANCIAL INSTITUTION ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF THE LA COSTA 6 AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE CITY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE - LOT 22 8 CASE NO.: CUP 08-07 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 17 Permit as shown on Exhibits "A" - "LL" of CT 01-09 dated July 1, 2009, on file in the 18 Planning Department, LA COSTA TOWN SQUARE LOT 22 - CUP 08-07, as provided by on Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CUP. 26 2? NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE LOT 22 - CUP 08-07, based on the following findings and subject to the following 3 conditions: Findings: That the requested use is necessary or desirable for the development of the community, 5 and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the 7 project is consistent with the La Costa Master Plan and General Plan as discussed in the staff report and the drive-thru, which is an ancillary use to the permitted use in the C-L zone, provides a desirable service, and is a convenience to the community by providing increased accessibility to the use and is designed to operate safely and efficiently within the commercial center. The drive-thru lane includes directional 10 arrows in the parking lot to guide users to the windows and provides adequate stacking to avoid any impacts to the circulation system, internal or external, and all drive aisles, parking spaces, back up areas, and fire lanes are not impacted by the drive-thru lane. 13 2, That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the drive-thru lane is 14 designed so that it will not impact other commercial uses in the center. The drive- thru lane is designed to allow for adequate queuing without blocking the • 5 commercial centers internal circulation aisles, parking aisles, or parking spaces. 3. That the site for the proposed conditional use is adequate in size and shape to 17 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 18 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the project complies with all of the applicable development standards of the C-L Zone and the design of the drive-thru lane 20 utilizes a building design element to pass under with planters and landscaping to screen and separate the drive-thru lane from the parking lot, drive aisles, and La 21 Costa Avenue. 22 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the vehicle trips were analyzed in EIR 01-02 and that the La Costa Town Square Shopping Center has adequate circulation 24 system and all public rights-of way will be in place to accommodate the drive thru. The project will provide directional signage and arrows in the parking lot to guide 5 drive-up users to the lane and is designed with sufficient stacking to avoid impacting the internal circulation system.26 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and 28 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PC RESO NO. 6597 -2- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. 3 6. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 4 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed g to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions: 8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 11 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 12 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 14 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 15 or a successor in interest by the City's approval of this Conditional Use Permit. 1" 2. Staff is authorized and directed to make, or require the Developer to make, all corrections , ~ and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 1 g shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 19 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 21 4. If any condition for construction of any public improvements or facilities, or the payment 22 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 23 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 25 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 2' and costs, including court costs and attorney's fees incurred by the City arising, directly 2g or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 6597 -3- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 - 6. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 6 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 7 copy of the Site Plan reflecting the conditions approved by the final decision-making body.8 y o 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 10 format (including any applicable Coastal Commission approvals). 11 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 13 10. This project shall comply with all conditions and mitigation measures which are required 14 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. * 15 , , 11. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 01-02, MP 149(R), LFMP 87-ll(C), CT 01-09, PUD 08-09, HDP 01-05, and SDP 01- 17 04 and is subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, 6581, 6585, 6586, and 6588 for those other approvals 18 incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this 2Q project within 36 months from the date of final map recordation of CT 01-09. 21 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 24 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 25 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by "" Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable ~7 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 28 approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6597 -4- 22 15. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6597 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and <- all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and 6 record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 7 16. CUP 08-07 shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the Planning Director determines that: 1) the Conditional Use Permit was obtained by 10 fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, 13 ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare 14 or so as to constitute a nuisance, the Planning Director shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in ., whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17 17. This Conditional Use Permit is granted without an expiration date. This permit may be 18 revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the 1 conditions imposed herein have not been met. 20 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and 21 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 22 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 24 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 25 project's building, improvement, and grading plans. 2" 20. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 28 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO. 6597 -5- 21. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 22. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal - Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 5 satisfaction of the Planning Director. 7 23. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 10 24. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 1 o Code Reminders: 1 'Z 25. Developer shall pay a landscape plancheck and inspection fee as required by Section 14 20.08.050 of the Carlsbad Municipal Code. 15 26. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 17 27. The project shall comply with the latest disabled access requirements pursuant to Title 24 18 of the California Building Code. 28. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 2Q Code Section 18.04.320. 21 NOTICE 99 Please take NOTICE that approval of your project includes the "imposition" of fees, 23 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 24 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section _, 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely 27 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 28 PC RESO NO. 6597 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i f.lo 17 18 19 20 21 22 23 24 25 26 27 28 You are hereby FURTHER NOTIFIED that your right to DOES NOT APPLY to water and sewer connection fees zoning, grading, or other similar application processing or protest the specified fees/exactions and capacity charges, nor planning, service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to wit: AYES: Commissioners Baker, Boddy Chairperson Montgomery NOES: ABSENT: ABSTAIN: Commissioner Dominguez ^JUv JffJ ^^*W^^*\^^ w &i MARTELL B. MONTCTOMERY^feiiperson CARLSBAD PLANNING COMMISSION ATTEST: A -yl <&ky\ * (£44 DON NEU Planning Director PC RESO NO. 6597 -7- , Douglas, L'Heureux, Nygaard, and EXHIBIT 5 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July 15, 2009 Application complete date: N/A Project Planner: Van Lynch Project Engineer: Clyde Wickham SUBJECT: EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-llfC)/CT 01-09/CT 08-03/CT 08-07/CP 01-03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08- 06/CUP 08-07- LA COSTA TOWN SQUARE - Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development Permit, Hillside Development Permit, two Site Development Plans, Variance and eight Conditional Use Permits for the development of a 83.07 acre site with a 284,400 square foot community shopping center, 55,000 square foot office project, 64 single family lot subdivision, and a multi-family residential site all located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection in the southeast quadrant of the City in Local Facilities Management Zone 11. 1. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6577 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 01-02, including the approval of Candidate Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolution Nos. 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 RECOMMENDING APPROVAL of General Plan Amendment 01-02, Master Plan Amendment 149(R), Local Facilities Management Plan Amendment 87-11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07, Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside Development Permit 01-05, Site Development Plan 01-04, Variance 08- 02, Conditional Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07 and ADOPT Planning Commission Resolution Number 6587 APPROVING Site Development Plan 01-03 based on the findings and subject to the conditions contained therein. II. INTRODUCTION This item was heard and public testimony was taken and closed on July 1, 2009. The Planning Commission continued the item due to the lateness of the hour to July 15, 2009. The staff report for the July 1, 2009 meeting is attached. O -2X2- The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July 1, 2009 Application complete date: N/A Project Planner: Van Lynch Project Engineer: Clyde Wickham SUBJECT: EIR 01-02/GPA 01-02/MP 149(RVLFMP 87-1KCVCT 01-09/CT 08-03/CT 08-07/CP 01-03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08- 06/CUP 08-07- LA COSTA TOWN SQUARE - Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development Permit, Hillside Development Permit, two Site Development Plans, Variance and eight Conditional Use Permits for the development of a 83.07 acre site with a 284,400 square foot community shopping center, 55,000 square foot office project, 64 single family lot subdivision, and a multi-family residential site all located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection in ihe southeast quadrant of the City in Local Facilities Management Zone 11. 1. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6577 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 01-02, including the approval of Candidate Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program, ADOPT Planning Commission Resolution Nos. 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 RECOMMENDING APPROVAL of General Plan Amendment 01-02, Master Plan Amendment 149(R), Local Facilities Management Plan Amendment 87-11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07, Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside Development Permit 01-05,, Site Development Plan 01-04, Variance 08- 02, Conditional Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07 and ADOPT Planning Commission Resolution Number 6587 APPROVING Site Development Plan 01-03 based on the findings and subject to the conditions contained therein. II. INTRODUCTION Aspen Properties has submitted an application for the development of a shopping center, office project, single family subdivision, and establishing a parcel for a multi-family residential use on O EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 2 83.07 acres of land generally located northerly and easterly of the intersection of La Costa Avenue and Rancho Santa Fe Road. An environmental impact report has been prepared which analyzes the potential impacts to the environment which may be caused by the development of the site. The environmental analysis identified that there are significant and unmitigable impacts related to traffic, air quality and construction noise. A Statement of Overriding Considerations must therefore be adopted to approve the project. No other significant unmitigable environmental impacts have been identified in the EIR. The existing Commercial, Office, Residential Low Medium, and Open Space General Plan Land Use designations are being adjusted to accommodate the project and a new General Plan Land Use designation of Residential High density is proposed on the portion of the project located westerly of Rancho Santa Fe Road. There are no outstanding issues and therefore staff is recommending approval of the associated resolutions. III. PROJECT DESCRIPTION AND BACKGROUND The proposed La Costa Town Square project involves the construction and operation of a mixed- use center that includes a 284,400-square-foot community shopping center, two office buildings totaling approximately 55,000 square feet, 64 single-family detached residential units, and a multifamily residential site with up to 128 dwelling units, which" will require the approval of subsequent discretionary permits. The project site encompasses 83.07 acres. As shown on Minor Subdivision 04-08 (Exhibit MS 04-08) the site will be subdivided into four separate parcels including a 41.55 acre commercial parcel, which includes an open space buffer, a 7.17 acre office parcel, a 24.39 acre residential single family parcel, and a 9.96 acre multi-family parcel. The project site is owned by the La Costa Town Square LLC and was annexed to the City of Carlsbad in 1972. The La Costa Master Plan (MP 149), which consist of 2,399 acres, including this property, was adopted in 1972 and has been periodically amended since its original adoption. The site is located within a portion of Village SE 8 (Residential) and Villages SE 13 (Commercial) and SE 14 (Office) of the La Costa Master Plan. The adjacent Villages of La Costa Master Plan, once a part of the La Costa Master Plan, has completed residential development adjacent to the project site and continues to develop northerly of the site. The City's General Plan has designated the property for development with a commercial center, offices, and residential uses since the early 1970s. In 1992, EIR 91-01 was certified for the Rancho Santa Fe Road realignment and mass grading project. Rancho Santa Fe Road was realigned from its previous alignment located immediately to the north of the proposed multi- family parcel to follow the alignment of the original roadway known as the "truck by-pass." The new alignment traverses through the existing Commercial and Office land use designations of the project site. Grading associated with the construction of the realigned Rancho Santa Fe Road resulted in the creation of a triangular lot (proposed Parcel 1 of MS 04-08) located between the old and new alignment of Rancho Santa Fe Road. Some additional grading has occurred on other areas of the project site related to the construction of Rancho Santa Fe Road. There are 2:1 (horizontal and vertical) cut slopes with a maximum height of about 35 feet adjacent to La Costa Avenue along the southern and southwestern boundaries of the site. A rock/soil stockpile EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 3 generated by recent grading of Rancho Santa Fe Road is present in the central portion of the site. In addition, the northwestern part of the site is to be utilized as a borrow area for the proposed office development site. Vegetation in the undisturbed area of the site consists of a moderate to heavy growth of natural and normative grasses and brush. The La Costa Town Square project site is also included in the Habitat Conservation Plan/Ongoing Multi-Species Plan (HCP/OMSP) for Properties in the Southeast Quadrant of the City of Carlsbad, California, which was finalized in 1995. This document was created to provide for the conservation of sensitive wildlife and habitat for the Villages of La Costa Master Plan, a large-scale residential development plan. The project's legislative applications include a Master Plan Amendment and a General Plan Amendment to the Land Use and Open Space and Conservation Elements to modify the boundaries of the existing Local Commercial, Office, Open Space, and Residential Low- Medium Density land use designations and to add a new Residential High Density Land Use designation. A Master Plan Amendment and Local Facilities Management Plan Amendment (to Zone 11) are also proposed to reflect the land use changes. Discretionary applications include: Site Development Plans for the commercial and office developments; Tentative Tract Maps for the subdivision of the commercial portion into lot ownership (25 lots), the office portion into airspace ownership (60'condominium units), and for the 64 residential lot subdivision; Non-residential Planned Development and Condominium permits to accompany the tract maps; a Variance to allow for one monument sign per project entry whereas only one monument type sign is currently allowed per street frontage; a Hillside Development Permit as the site has steep slopes; and Conditional Use permits for two gas stations with car washes and six non-restaurant businesses with drive-thru facilities. The table below summarizes the proposed permits and final decision making authority. PROJECT APPLICATION(S) Environmental Review (Environmental Impact Report) GPA01-02 MP 149(R) LFMP87-11(C) HDP 01 -05 CT01-09(Comm) CT 08-03 (Res) CT 08-07 (Office) PUD 08-09 (Comm) CPO 1-03 (Office) SDPO 1-03 (Office) SDPO 1-04 (Comm) ADMINISTRATIVE APPROVALS PLANNING COMMISSION RA RA RA RA RA RA RA RA RA RA X RA CITY COUNCIL X X X X X X X X X X X EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 4 PROJECT APPLICATION(S) V 08-02 MS 04-08 Various CUPs ADMINISTRATIVE APPROVALS X PLANNING COMMISSION RA RA CITY COUNCIL X X RA = Recommended Approval X = Final City decision -making authority Site topography is characterized by hilly terrain, sloping in a generally southerly direction, dissected by several south-trending drainages. Overall topographic relief is approximately 135 feet across the site, with onsite elevations ranging frorfi approximately 265 feet MSL located at the southern boundary of the property immediately to the east of the La Costa Avenue/Calle Timiteo intersection to 400+ feet MSL located along the northern property boundary east of the Ranch Santa Fe Road/Paseo Lupino intersection. In order to develop the site with commercial and office buildings, extensive grading is required to create large commercial development pads with shallow sloping areas for parking lots. The site cannot be graded as one pad and achieve the pad areas required to accommodate the proposed commercial/office development. Therefore the site grading utilizes a split pad design to create two development areas. The steep single family residential portion of the site is proposed to be stair step graded. As shown on La Costa Town Square Commercial, CT 01-09, Exhibit A - VV, the commercial site is accessed from two points off Rancho Santa Fe Road. One is an existing signalized intersection with Paseo Lupino and the other is a right turn in only located between La Costa Avenue and Paseo Lupino. Access to the commercial site from La Costa Avenue is at a new proposed signal located 500 feet east of Rancho Santa Fe Road and aligned with the eastern driveway of the existing retail center on the south side of La Costa Avenue. Access to the Office project is at a new signalized intersection at La Costa Avenue and Calle Timiteo. The single family residential development will have two points of access. One from La Costa Avenue located at an entry as planned and built (Paseo Tamarindo) with the development of the Villages of La Costa Oaks South (CT 99-04) residential project. The other is an extension of Sitio Lima, also planned and built as part of the Villages of La Costa project. The proposed multi-family site is accessed from Rancho Santa Fe Road via Paseo Lupino. The right-in only driveway off of Rancho Santa Fe Road provides access to the center of the commercial project. The driveway leads to a commercial themed main street and then to a central pedestrian plaza which is the focal point of the center. To the east of the plaza are the proposed grocery, drug store, and other inline retail shops. To the west of the plaza are retail shops and a major retail department store. The two major fields of parking are located in the center of the project and separated by the main street. Multi-tenant and single tenant pads are dispersed around the perimeter of the project. At the corner of Rancho Santa Fe Road and La Costa Avenue, an enhanced pedestrian entry with extensive landscaping, monument walls, entry tower and water features leads to an outdoor plaza formed by potential restaurant buildings. Two gas stations with car washes are proposed, one at each entrance off of Rancho Santa Fe Road. A 3.7 acre Open Space buffer is provided between the Residential Low Medium and Commercial EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 PageS area. The buffer is provided to separate incompatible land uses (residential to office and commercial) and will be landscaped and contain bioswales for water quality purposes. Pedestrian access ways are provided throughout the center. A pedestrian pathway is provided from the cul-de-sac of the proposed adjacent residential neighborhood to the east and from La Costa Avenue. Pedestrian access ways are also provided along the vehicular access points and bus stop along Rancho Santa Fe Road. The pedestrian system provides landscaped sidewalks along the vehicular circulation way and through the center of the site. Pedestrian access is also provided from the Office site via an elevator/stair tower and pedestrian bridge which would lead to the central plaza. The central plaza provides a public gathering area for the development. The plaza includes a clock tower, water feature, landscaped planters, trees in grated planters and seat walls. The residential parcel includes 68 lots on 24.39 gross acres, including 64 single-family lots (Lots 1-64) and four open space lots (Lots 65-68). The single family lot sizes range from 7,500 square feet up to 27,265 square feet. The four open space lots on the residential parcel range from 12,310 square feet up to 62,810 square feet and total 3.5 acres and are located along Rancho Santa Fe Road, along the southeastern border of the project boundary (including an existing waterline easement), at the northerly end of the project boundary adjacent to Sitio Lima (including a waterline easement), and along La Costa Avenue (which contains a drainage easement). Access to the residential homes will be provided from an entrance on La Costa Avenue with a connection to existing Sitio Lima. A separate tentative tract map (CT 08-03) is proposed for the subdivision of this parcel. This parcel is proposed to be developed with single family residences in its entirety prior to or concurrent with the first phase of commercial parcel development. No subsequent discretionary permits are required for the development of these residential lots. The open space buffer for the commercial parcel discussed above will create privacy for the residences from surrounding roadways and commercial and office uses. The architectural theme of the commercial center is Mediterranean/Tuscan. The buildings are finished with a smooth stucco coating with a stone or stucco wainscot. Roof designs include both flat and pitched roofs in an alternating manner to provide vertical building relief. The hipped and gable pitched roofs have a clay colored barrel tile covering and decorative cement plaster parapet detail. The flat roofed buildings include a decorative cornice trim. The building elevations are enhanced with both square or arched window surrounds and decorative cast columns. The building facades also vary in depth from each other by 1 foot to 4.5 feet to provide a variety of building planes to add interest and depth to the building elevations. The corners of many of the buildings have a larger architectural corner feature which projects further from the primary building and provides a taller architectural element to add vertical relief. These elements are in the form of taller tiled roof elements, flat roofed square tower elements, or tower elements with a domed roof. The building colors are earth tone colors accented with stone tile, stone veneers, ceramic accent tiles, and accent colored fabric awnings. The Office buildings follow the Mediterranean architectural theme of the commercial project. The two story buildings have both pitched roofs with barrel tile roofing and flat roof elements with decorative cement plaster parapet details. The walls are stucco coated and painted earth tone colors similar to the commercial project. The buildings have entries which project from the EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 6 building with tall glazed entry features. Other architectural elements include arched building features supported by cast columns on the lower floor and window surrounds on the lower and upper floors. The buildings have a variety of building articulation which enhances the aesthetics of the buildings. Both the buildings have mechanical equipment enclosures on the ground. The project site is bounded by the old Rancho Santa Fe Road alignment and single family homes to the north and northwest, La Costa Avenue, a commercial shopping center, and apartments to the south and southwest, and existing single family homes to the east as part of the Villages of La Costa Master Plan project. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. General Plan Land Use and Open Space and Conservation Element - Local Commercial, Office, Open Space, and Residential High and Low - Medium Density Land Use Designations; B. La Costa Master Plan (MP 149(R); C. Local Facilities Management Plan Zone 11; D. Subdivision Ordinance, Title 20 of the Municipal Code; E. Non-Residential Planned Development Ordinance, Chapter 21.47 of the Municipal Code; F. Hillside Development Ordinance, Chapter 21.95 of the Municipal Code; G. Qualified Development Overlay Zone, Chapter 21.06 of the Municipal Code; H. Variance, Chapter 21.50 of the Municipal Code; I. Conditional Use Permits, Chapter 21.42 of the Municipal Code; and J. Villages of La Costa Habitat Conservation Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan Amendment (GPA) will reconfigure the existing land use designations located southerly of the new alignment of Rancho Santa Fe Road (i.e.; Local Commercial (L), Office (O), Residential Low-Medium (RLM), and Open Space (OS)) and within the project boundary to reflect the design of the proposed project. The project proposes to add a new Residential High density land use designation to the 9.96 acre triangular shaped property located to the north of the new alignment of Rancho Santa Fe Road (Lot 1 of MS 04-08). The proposed land use change is primarily a result of the realignment of Rancho Santa Fe Road. The realignment divided the property into two separate portions and divides the existing Office and Commercial General Plan Land Use designations. The new northerly triangular portion, located between the old and new alignments of Rancho Santa Fe Road, and currently designated Commercial, Office, and Residential Low-Medium and Open Space will be re-designated to Residential High density EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 7 and Open Space. This 9.96 acre site has been identified in the proposed Housing Element as a Residential High density site, which has been recently recommended for approval by the Housing Commission. Table 1 below shows the extent of change in acreage of the existing and proposed Land Use designations (which may not be the same as the identified parcel sizes). The acreages used in the table are from the Zone 11 LFMP, as the older La Costa Master Plan acreages are not consistent and vary from the LFMP. TABLE 1 LAND USE DESIGNATION Office Local Commercial Residential Low-Medium Residential High density Open Space Residential Medium High Totals* EXISTING ACRES (PER LFMP*) OF LAND USE 9.1 34.6 31.1 0 7.6 1 83.4* PROPOSED ACRES OF LAND USE 7.17 37.88 24.36 8.06 5.6 0 83.07 *Acreages are based on digitized land use maps and are not, as accurate as parcel based information. The Open Space designated portion of the project site as shown on the La Costa Master Plan, General Plan Land Use Map and the Open Space and Conservation Map is located between the Residential Low-Medium and Commercial Land Uses. The purpose of the Open Space is to provide a buffer between the residential and commercial land uses. The La Costa Master Plan identifies approximately 4.4 acres of Open Space for this area whereas the LFMP identifies the same Open Space area as 7.6 acres. 5.6 acres of Open Space will be provided with this project. The purpose of the Open Space is to provide an adequate buffer between incompatible land uses and is only represented on the Open Space map for diagrammatical purposes and does not have a specific acreage. Both the Master Plan and LFMP have provided acreages which have been derived from estimates or through the digitizing of the Open Space Map to create a theoretical acreage to represent the buffer. Pursuant to Open Space Planning and Protection Implementation Policy C.20 of the Open Space and Conservation Element, when adjusting boundaries of any Open Space as shown on the "Official Open Space and Conservation Map ("Map")," the proposed open space is to be equal to or greater in area than the area depicted on the "Map." The Open Space buffer proposed with this General Plan Amendment (5.6 acres) is however adequate in size and shape to provide an effective buffer between the Commercial, Office and Residential uses and there is no need to make up for the perceived loss in Open Space acreage as the original Open Space area was never clearly defined or quantified. Additional open space is also being provided between the existing residential located along Paseo Lupino and the proposed Multi-family site in the form of project open space. The once proposed "collector" roadway (Paseo Lupino to Old Rancho Santa Fe EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 PageS Road) will not be vacated and the right-of-way will remain until the site design of the multi- family site is completed. The proposed amendment to change the land use designation of a 9.96 acre site from Local Shopping Center, Office, and Residential Low-Medium to Residential High Density is for the purpose of developing a residential project to provide a variety of housing types at a density which will provide more affordable housing opportunities. The Residential High Density designated site is in close proximity to adequate and convenient commercial services and a major transportation corridor. The site is compatible with adjacent and existing single family residential land uses in that adequate horizontal separation (100 foot minimum) in the form of open space, old street rights of way and vertical separation (ranges from 60 feet below to 14 feet above the subject site) is provided. There have been sufficient developments approved in the quadrant at densities below the control point to offset the 110 unit net allocation to this property so that the approval will not result in exceeding the Southeast quadrant dwelling unit limit. Rancho Santa Fe Road is adequate in size and capacity to accommodate the traffic generated by the Residential High Land Use designation and bus stops along Rancho Santa Fe Road provide opportunities for public transportation. The La Costa Master Plan (last amended in 2006 for Fire Station 6) was found to comply with applicable General Plan Goals, Objectives and Policies. This project is in conformance with the Master Plan and therefore is also in compliance with the General* Plan. The project complies with Elements of the General Plan as outlined in Table 2 below. TABLE 2 - GENERAL PLAN COMPLIANCE ELEMENT Land Use Land Use Land Use USE, CLASSIFI- CATION, GOAL, OBJECTIVE OR PROGRAM Site is designated for: Commercial, Office, and RLM at 3.2 du/ac. A City that provides for conveniently located shopping centers. Provide for a variety of housing types and density ranges. PROPOSED USES & IMPROVEMENTS The project proposes the development of Commercial, Office, Multi-family High density (see discussion above), and Single-family residential at 2.25 du/ac. Provides local commercial coverage in the south eastern portion of the City. Provides single and multi-family housing opportunities. COMPLY Yes Yes Yes EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 9 TABLE 2 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFI- CATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use Locate Multi-family uses near commercial centers and transportation corridors. Multi-family proposed adjacent to proposed commercial center along Rancho Santa Fe Road. Yes Circulation Require new development to construct roadway improvements needed to serve proposed development. The project will construct/improve public streets needed to serve the development. Yes Noise Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL. Project provides noise attenuation walls adjacent to proposed SFR located along Rancho Santa Fe Road and commercial project to mitigate noise from Rancho Santa Fe Road and commercial development. Yes Noise To achieve noise compatibility between commercial and surrounding land uses. Project design features includes noise walls between the commercial and residential uses and restrictions on hours of public gathering in the central plaza use area to attenuate noise to an acceptable level. Yes Housing Allow development of sufficient new housing to meet the Regional Housing Needs Assessment. The multi-family site is included in the Housing Element as a site to meet Regional Housing Needs. Yes EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 10 TABLE 2 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFI- CATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Housing Allocate "excess dwelling units pursuant to Policy 43". Multi-Family project proposes housing at a density which is more affordable. Yes Open Space & Conservation Minimize environmental impacts to sensitive resources within the City. Project implements the Villages of La Costa Habitat Conservation Plan. Yes Open Space & Conservation Provide increased setbacks and establish greenways to create open space areas separating conflicting land uses. Project provides a reconfigured Open Space buffer between Commercial, Office and Residential land uses shown on the General Plan and Open Space and Conservation Elements. Yes Public Safety Public awareness of possible natural or man-made disasters. The project is conditioned to require notification to residents of the inundation area of possible flooding from the Mahr Reservoir. Yes The project proposes to vacate road dedications which were dedicated as part of the Villages of La Costa Master Plan and old County of San Diego roadways. The alignment of the new Rancho Santa Fe Road has moved very slightly as a result of the final design. The now present alignment has been dedicated and will remain and the previous alignment will be vacated. Road Survey 454, dedicated in 1930, was the old original Rancho Santa Fe Road and also was used as the truck-bypass. This road no longer exists and has been replaced by Rancho Santa Fe Road. The street vacations are consistent with the General Plan Circulation Element as Rancho Santa Fe Road is constructed as a prime arterial Circulation Element roadway and the old alignments are no longer needed. Vfl- EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 11 B. La Costa Master Plan Amendment and Compliance Master Plan Amendment The La Costa Master Plan is the controlling document for the development of the site. It implements the General Plan, Zoning, and applicable policies governing the site. The La Costa Master Plan allows for Office, Commercial, and Residential uses within the project area. In that the proposed land use changes (reconfiguration of the Office, Commercial, and Residential Low Medium density uses and addition of a new Residential High density use) will retain the existing mix of land uses that are currently allowed by the Master Plan, the Master Plan will remain internally consistent. Neighborhoods SE-13 and SE-14 of the La Costa Master Plan comprise the commercial and office development areas respectively of the project. Pursuant to the Master Plan, a minimum of twenty-five percent of the total square footage of the overall Commercial and Office planning areas (neighborhoods) is to be designated as Office. The applicant's proposal, to amend the Master Plan to revise the reservation of office space within the two planning areas from 25 percent to 19 percent, is based on the specific project design. Additional office space, which is a permitted use in the Commercial zone, may be provided depending on the tenants of the Commercial center. The Zone 11 LFMP plan assumes that 23.6% of the development is to be office. The Master Plan amendment also proposes to rearrange the boundaries of the neighborhoods to reflect the new roadway alignment of Rancho Santa Fe Road. The existing Office, Commercial, and Residential Low-Medium development areas have been physically divided by the new roadway alignment. The area westerly of the new Rancho Santa Fe is proposed to be designated Residential High density. The Office portion of the project and the Commercial will be on the easterly side of Rancho Santa Fe Road. The new Office land use location is a result of the addition of the High Density Residential land use. The site is appropriate as it is adjacent to a Commercial land use, separated from residential land uses by open space and a Circulation Element roadway, and is located adjacent to La Costa Avenue, a Circulation Element roadway. The Office area is reduced from 14 acres (9.lac. per LFMP) to 7.17 acres in size. The commercial area is modified from 37 acres (34.6 ac. per LFMP) acres to 41.55 acres. The reduction in the reservation of office space is reflected in the new smaller area reserved for office space. As discussed above, Office development would still have the potential of occupying space within the commercial development portion of the project. Other Office space has also been provided in nearby commercial centers, thus reducing the demand for office space. The single family residential portion of the project, residential neighborhood SE-8, is being updated as a result of the Villages of La Costa Project. The neighborhood was previously affected by the last Master Plan Amendment for the Villages of La Costa Oaks project and the revision is to correctly indicate the remaining number of residential units allowed in this neighborhood, which are 64 units on 24.39 gross acres (20.4 net). The other modifications proposed for the Master Plan is to bring the Master Plan into compliance with the current Zoning Ordinance. The La Costa Master Plan includes provisions for building EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 12 heights to allow six story or 70 foot tall buildings for RM and RMH land uses designations. The height provisions are being deleted and building height restrictions will default to the Municipal Code. The Master Plan includes a Community Identity Monument Sign Program that is not being utilized. The amendment proposes to delete the existing sign text and to reference the Sign Ordinance (Chapter 21.41) for all sign regulations and the ability to utilize the City's Subdivision Kiosk Sign Program (City Council policy 65) for offsite directional signs for tract housing developments. Master Plan Compliance The project complies with the following requirements of the Master Plan as demonstrated in Table 3 below. TABLE 3 -LA COSTA MASTER PLAN REQUIREMENTS STANDARD Development Standards Grading guidelines Open Space and Trail System Signs Affordable Housing REQUIRED Development Standards of underlying Zoning Compliance with Master Plan and Chapter 15 of CMC Open Space buffers Compliance with the Sign Ordinance 15% of the total number of units are to be affordable PROPOSED Development is consistent with the development standards of the underlying Zoning. Project complies with Master Plan and Chapter 15 of CMC (Storm Water and Erosion Control). Open Space buffers are provided to separate the commercial, office and residential land uses per the Master Plan. Project conditioned to submit a comprehensive sign program per the Sign Ordinance. This requirement is being satisfied through the purchase of 10 affordable units off-site in Villa Loma. The La Costa Master Plan does not contain specific development standards and projects are subject to the development standards of the underlying zoning (Office and Local Commercial Shopping Center) established in the La Costa Master Plan and compliance for the project are outlined in the Tables 4 and 5 below. TABLE 4 - OFFICE DEVELOPMENT (TWO LOTS/TWO BUILDINGS) STANDARD - O Zone Lot Area PERMITTED/REQUIRED 10,000 square feet PROPOSED 1 1 8,047 sq ft and 193,406sqft EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 13 TABLE 4 - OFFICE DEVELOPMENT (TWO LOTS/TWO BUILDINGS) CONTINUED STANDARD - O Zone Lot Width Building Height Setbacks* Landscaping Building Coverage Parking Signs Employee eating areas PERMITTED/REQUIRED 75 feet at rear of front yard setback 45 feet/three levels/ height protrusions to 45 feet with increased setbacks per additional foot of building height above 35 feet Front yard, Arterial - 39 feet Side yard -19 feet Rear Yard -19 feet Per landscape manual/Streetscape Program 50% maximum 34 and 86 spaces required (4sp/1000sqft) Sign Program required 4,500 sq ft (300 sq ft/5000 sq ft) PROPOSED 335 ft and 525 ft 44 feet/ two levels Front yard, Arterial = 39 feet Side yard =19 feet Rear yard = 50 ft min Per landscape manual and Streetscape program Both at 9% coverage 34 and 86 spaces (4 sp/lOOOsq ft) Conditioned to provide sign program 2,700 sq ft with allowance for balance to be interior. * Setbacks increased nine feet for increased building height from 35 feet to 44 feet. TABLE 5 - COMMERCIAL DEVELOPMENT STANDARD - CL Zone PERMITTED/REQUIRED PROPOSED Property Size Four net acres 41.55 gross acres Building Height*45 feet/three levels/ architectural features to 55 feet 45 feet/ two levels/ architectural feature to 55 feet.* Yards (C-L Zone)Rancho Santa Fe Rd (Prime) - 20 feet La Costa Avenue (Secondary) -15 feet Interior yard - 10 feet Prime setback =50 feet Secondary setback = 50 feet Interior yard = >10 feet Landscaping Per landscape manual Parking areas and slopes are landscaped per landscape manual Walls and Fences Provide along common lot line Project provides an open space buffer between commercial and residential land uses and a noise attenuation wall is. provided along Rancho Santa Fe Road and between the commercial/residential boundary. EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 14 TABLE 5 - COMMERCIAL DEVELOPMENT CONTINUED STANDARD - CL Zone Lighting Roof appurtenances Trash enclosures Loading Areas and Docks Parking Employee eating areas Signs Recycling Areas PERMITTED/REQUIRED Exterior lighting required for parking, walkways and building entrances and exits. Lighting to be designed to avoid direct or indirect glare. Shield and screen roof appurtenances Enclosed in six-foot-high enclosures Oriented and screened from adjacent streets or properties. 1 ,422 spaces required (4sp/1000sqft). 1 ,700 square feet or public eating area Sign Program required - Variance for entry monument signs If required by State Law PROPOSED Project is conditioned to provide a lighting plan prior to building permit issuance. The lighting plan shall include light design and a photometric plan and lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Roof equipment is screened and shielded by building design elements such as roof parapets or equipment screens. Trash enclosures are provided throughout the project site and meet Engineering Standard GS-16. All loading areas and docks are oriented and/or screened from adjacent public streets and residential properties and noise attenuation walls are included. 1 ,477 parking spaces are provided (55 extra) Public eating areas are provided in the central plaza. The project is conditioned to provide a sign program to create a comprehensive sign plan for the commercial project. A Variance for an additional entry monument sign is proposed to allow one additional monument sign for the additional entry off Rancho Santa Fe Road. None provided *The building height to forty Development Plan approval -five feet must be approved by the City Council through the Site subject to the following findings: a. That the building does not contain more than three levels; EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 15 b. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet and the additional setback area will be maintained as landscaped open space; c. The building conforms to the requirements of Section 18.04.170 (Building Code) of the CMC; and d. The allowed height protrusion does not exceed 45 feet, with the exception of architectural features such as architectural towers which may be permitted up to 55 feet if the council makes the specific findings that the protruding architectural features (1) do not provide useable floor area; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; and (4) are necessary to ensure a building's design excellence. The increase in height is for the large retail building (Building 21 and Plaza Tower). The building does not contain more than two levels, all setbacks are greater than required by ten feet and the additional setback area will be landscaped and maintained as open space, the buildings comply with the Building Code for buildings between 35 and 55 feet in height, and the height protrusion above 45 feet for architectural features do not provide additional floor area, do not accommodate and/or screen roof mounted equipment, and are necessary to enhance the design and visual relief of the commercial center. The Master Plan designates Neighborhood SE-8 for single-family detached homes. The minimum lot size and width for each lot is evaluated in Section D of this report. C Local Facilities Management Plan Amendment A Local Facilities Management Plan (LFMP) has been previously prepared for Zone 11 pursuant to the requirements of the Growth Management Ordinance, Chapter 21.90 of the Municipal Code. This amendment is to reflect the revision to the land use boundaries as a result of the realignment of Rancho Santa Fe Road, the previous bifurcation of Neighborhood SE-8, and the addition of the Residential High density land use designation. The project will be in compliance with the required performance standards by satisfying the general and special conditions listed in the LFMZ plan. The facility demands of the build out of Local Facilities Management Zone 11 were based on a projection of future development within the zone. Table 6 below summarizes the anticipated development within Zone 11 compared to the proposed project. TABLE-6 LAND USE Commercial Office Residential Low- medium DEVELOPMENT ASSUMPTION 403,801 sq ft 95,396 sq ft 82 dwelling units (du) PROPOSED PROJECT 284,400 sq ft 55,000 sq ft 64 du NET CHANGE -11 9,401 sq ft -40,396 sq ft -18 du 257 EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 16 TABLE-6 CONTINUED LAND USE Residential High density DEVELOPMENT ASSUMPTION 0 PROPOSED PROJECT 128 du NET CHANGE +128 (net Residential unit change +110du) I ^-j—n- ' I *'-' ' The project's facilities impacts are summarized in Table 7 below and are further analyzed in the EIR. TABLE 7 - LFMP ZONE 11 SUMMARY STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools: Encinitas Unified School District Sewer Water IMPACTS 668 sq. ft. 356 sq. ft. 83,723 gpd 1.33 Acres 189cfs 25,51 6 ADT Station #6 and #2 5.6 Acres Elementary: 86 Middle: 20 High: 41 380 EDU 186,862 gpd COMPLIANCE W/STANDARDS Yes Yes Yes Yes Yes Yes Yes Yes Yes: School Fees Yes Yes As identified in the Public Services and Utilities Section of the EIR 01-02, all facilities to serve the project are adequate and no significant impacts have been identified with public facilities. The City currently maintains an excess number of unbuilt dwelling units of 2,967 dwelling units in the excess dwelling unit bank. These units are deposited as a result of projects developing under their potential. The La Costa Town Square project proposes to draw 110 units for the Residential High density site. These dwelling units can be accommodated within Zone 11 without exceeding the Southeast Quadrant dwelling unit cap. The Southeast quadrant may allow up to 2,266 additional units before the quadrant cap is met. These dwelling units do not increase the demands of facilities as these units were previously anticipated to be constructed and adequate facilities were provided. D. Subdivision Ordinance The project necessitates the processing of three Tentative Tract Maps, one map each for the Commercial, Office and Residential projects. The commercial project (CT 01-09) proposes 25 lots. Each commercial pad will be a separate lot and there will be one common lot for the parking and open space portions of the project. A Non-Residential Planned Development Permit (PUD 08-09) accompanies this application for the planned unit development lots. The Office project (CT 08-07) proposes a total of two lots and a total of 60 airspace condominium units (23 EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 17 units on Lot 1 and 37 units on Lot 2). A condominium permit (CP 01-03) accompanies this application for each lot which contains more than one unit. The Residential project (CT 08-03) proposes a total of 68 Lots; 64 single family lots and 4 open space lots. A Tentative Parcel Map (MS 04-08) is also being processed to create four lots (Commercial, Office, Residential Single Family, and Residential Multifamily). The Parcel Map is an administrative action and will be acted on by the City Engineer after the other actions. Tables 8 thru 10 below summarize the projects compliance with the Subdivision and Zoning Ordinances. TABLE 8 - COMMERCIAL PROJECT (CT 01-09) COMPLIANCE TABLE STANDARD Minimum Lot Area Front on a dedicated street Lot width Bicycle routes Street Plan Hillside Development Ordinance Passive heating/ cooling design REQUIRED 4 acres (net) Frontage on a public street unless allowed per Chapter 21 .47 for non- residential planned developments N/A Provide for bicycle routes on Circulation Element roadways Assure proper development of abutting properties and street plans. Compliance with Hillside Development Ordinance. Design for passive heating and cooling. PROVIDED 41.57 The project fronts onto Rancho Santa Fe Road and La Costa Avenue, which are publicly dedicated streets. The PUD lots are allowed per Chapter 21.47. 1,900 ft (RSF) and 1,100 ft (La Costa Ave). Bicycle routes are provided along Rancho Santa Fe Road and La Costa Ave. The project's intersections have been aligned with existing driveways and street intersections. See Section F below for discussion on Hillside Development Ordinance compliance. Project provides, where feasible, building orientation to take advantage of passive heating and cooling. COMPLY? Yes Yes Yes Yes Yes Yes Yes TABLE 9 - OFFICE PROJECT (CT 08-07) COMPLIANCE TABLE STANDARD Minimum Lot Area Front on a dedicated street REQUIRED 1 0,000 sq ft Frontage on a public street unless allowed per 2 1 .47 for non-residential planned developments. PROVIDED 1 18,047 sq ft (2.7 ac) and 193,406 sq ft (4.4 ac). The project fronts on La Costa Avenue which is a publicly dedicated street. The Condominium units are allowed per Chapter 2 1.47. COMPLY? Yes Yes EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 18 TABLE 9 - OFFICE PROJECT (CT 08-07) COMPLIANCE TABLE CONTINUED STANDARD Lot width Bicycle routes Street Plan Hillside Development Ordinance Passive heating/ cooling design REQUIRED 75 feet Provide for bicycle routes on Circulation Element roadways. Assure proper development of abutting properties and street plans. Compliance with Hillside Development Ordinance. Design for passive heating and cooling. PROVIDED 355 feet and 560 feet. Bicycle routes are provided along La Costa Ave. The project's intersections have been aligned with existing street intersections. See Section F below for discussion on Hillside development Ordinance compliance. Project provides, where feasible, building orientation to take advantage of passive heating and cooling. COMPLY? Yes Yes Yes Yes Yes TABLE 10 - RESIDENTIAL PROJECT (CT 08-03) COMPLIANCE TABLE STANDARD Minimum Lot Area Front on a dedicated street Lot width Bicycle routes Street Plan Hillside Development Ordinance Passive heating/ cooling design REQUIRED 7,500 sq ft Frontage on a public street. 60 feet/33 on cul-de-sac Provide for bicycle routes on Circulation Element roadways. Assure proper development of abutting properties and street plans. Compliance with Hillside Development Ordinance. Design for passive heating and cooling. PROVIDED 7,500 sq ft or greater. Lots front onto publicly dedicated streets. 60 feet/>33 feet on cul-de-sac. Bicycle routes are provided along Rancho Santa Fe Road and La Costa Ave. The project's intersections have been aligned with existing street intersections and connections to adjacent streets are provided. See Section F below for discussion on Hillside Development Ordinance compliance. Project provides, where feasible, building orientation to take advantage of passive heating and cooling. COMPLY? Yes Yes Yes Yes Yes Yes Yes The Engineering Department has reviewed the proposed Tentative Maps and has concluded that the subdivisions, as conditioned, comply with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All of the parcels are within the same Tax Code Area. No additional improvements or dedication of streets is required. All infrastructure improvements including frontage and EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 19 project-related roadways, and the extension of existing drainage and sewer facilities, are existing or are being installed concurrent with development. General utility, access, and water/reclaimed-water easements will be dedicated with recordation of the final maps. An owners association will be required for all the projects for the maintenance of common properties. E. Non-Residential Planned Developments (C.M.C. Chapter 21.47) The intent and purpose of the Non-Residential Planned Developments regulations are to: 1. Ensure that nonresidential projects develop in accordance with the General Plan and applicable specific plans; 2. Provide for nonresidential projects which are compatible with surrounding developments; 3. Provide a method to approve separate ownership of units within multiple-unit buildings; and 4. Provide for conversion of existing developments to condominiums. The proposal to create office nonresidential airspace condominium units and a commercial small lot development that do not have direct access from a publicly dedicated street necessitates that Condominium and Non-Residential Planned Development Permits be processed to supplement the proposed Tentative Maps (CT 01-09 and CT 08-07). The 25 nonresidential commercial lots and 60 Office airspace condominiums units will share common driveway access, parking areas, and landscaped areas which will be commonly maintained by owners associations. Each project is consistent with its respective Land Use designation and the La Costa Master Plan. F. Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code) The site has a grade elevation change greater than 15 feet and slopes greater than 15% gradient, therefore the project requires a Hillside Development Permit (HDP). Hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. The project site has roughly 100 feet of fall across the site as measured from Rancho Santa Fe Road to La Costa Avenue. In order to develop the site with commercial and office buildings, extensive grading is required to create large commercial development pads with shallow sloping areas for parking lots. The commercial pad is roughly 10 feet higher than the elevation of the Rancho Santa Fe Rd and La Costa Ave intersection. The commercial pad does slope upward to the east for drainage purposes and is 30 higher at the eastern edge than the intersection elevation. The easterly commercial pad is roughly 20 feet lower than the elevation of the intersection of Rancho Santa Fe and Paseo Lupino. The office pad is 40 feet lower than the adjacent commercial pad elevation. La Costa Avenue is roughly 20 feet lower than the office pad. The residential sites topography is equally as steep, however, the development of the site can follow the topography better because of smaller lot size requirements and steep street grades, but still requires extensive grading because of the drop in elevation. According to the proposed grading plan, approximately 66.6 acres (or 80 percent) of the 83.07 acre project site will be graded. Implementation of the grading plan will result in a total of 793,000 cubic yards of grading (ll,907cu yds/acre which is the unacceptable range for relative sensitivity of Hillside Grading Volume). Graded cut and fill slopes are planned at gradients of 2:1 or less. Notwithstanding the substantial topographic constraints of the existing property, the project complies with the Hillside Development Ordinance and Design Guidelines as discussed below. EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 20 Commercial and Office project Section 21.95.140(D) of the Hillside Development Ordinance exempts non-residential projects from the volume of grading and slope height requirements. The project slopes are richly landscaped with a variety of landscape materials pursuant to the Hillside Development Guidelines landscape manual to visually screen the slopes whereby they will be naturally appearing when the landscape matures. The proposed nonresidential buildings maintain the required top of slope setback and do not have gable roof ends or overhangs which increase building mass near the tops of slopes. The exterior perimeter project slopes which exceed 20 feet in height and are over 200 feet in length are contoured to follow the curve of La Costa Avenue and curve around water detention basins. The slopes are undulated and contoured vertically to produce varied slope gradients as required. The Hillside Development Ordinance requires justification from the applicant for grading volumes over 10,000 cubic yards per acre. The applicant states that the commercial and office project proposed requires large building pads for accessible parking and building structures. Nevertheless, every effort has been made to keep the amount of grading at a minimum taking into account the uses proposed, user safety and functional design and walk-ability. Residential The proposed grading for the single-family residential project (11,454 cu yds/acre which is the unacceptable range for relative sensitivity of Hillside Grading Volume) will result in the parcel at the easterly edge of the project site (at Lot 52) to be approximately 40 feet below Rancho Santa Fe Road. The residential lot nearest to the commercial lot (Lot 34) will be approximately 5 feet below Rancho Santa Fe Road. The tallest proposed manufactured slope will be approximately 46 feet tall, located along La Costa Avenue on Open Space Lot 68 of the residential Map (CT 08-03). Proposed grading between lots in the single-family residential area also creates some slopes up to 40 feet in height. These slope heights are caused by the need to transition from an elevation at La Costa Avenue ranging from 262 to 290 feet to the elevation at Rancho Santa Fe Road ranging from 378 to 420 feet, an average elevation change of 123 feet. These slopes are located in the interior of the residential area and, with construction of homes, would have limited visibility from offsite. The Hillside Development Ordinance allows the decision-making body to approve modifications to the ordinance's development and design guidelines if the modification will result in manufactured slopes that are more aesthetically pleasing and natural appearing than would a strict adherence to the requirements of the ordinance. The proposed modification, the creation of manufactured slopes over 40 feet in height, is proposed to be mitigated by extensive landscaping along the manufactured slopes and will be aesthetically pleasing and natural appearing. Reducing the grading quantities would require much steeper streets for many residents to get access to the property and be less appealing for the new residents. Approval of the modification to the development and design guidelines of the Hillside Development Ordinance will not cause a significant visual aesthetics/grading impact. The project site was previously anticipated to be fully developed with the approval of the Habitat Conservation Plan and mitigated the impacts with the preservation of open space which is equal or greater than that of the site. G. Qualified Development Overlay Zone, Chapter 21.06 of the Municipal Code The La Costa Master Plan identifies the zoning for the commercial site as the Local Shopping Center Zone (C-L). The C-L Zone requires the processing of a Site Development Plan processed pursuant to Chapter 21.06, the Qualified Development Overlay Zone. Per the Municipal Code (21.31.040(C), the City Council shall be the decision maker for the commercial SDP and related permits. The La Costa Master Plan also has EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 21 a built-in Site Development Plan requirement. The Office development also requires a Site Development Plan permit, which is approved by the Planning Commission. The two Site Development Plan findings are similar for both commercial and office projects. Four findings are required for the Q-Overlay Zone. The required findings with justification for each are contained in the Planning Commission Resolution for each of the projects. This section summarizes the necessary findings and support for each. 1. That the requested use is properly related to the site, surroundings, and environmental settings; it is consistent with the various elements and objectives of the General Plan; it will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located; and it will not adversely impact the site, surroundings, or traffic circulation. The requested use is properly related to the site, surroundings and environmental setting as the project design complies with the requirements of the La Costa Master Plan and all other applicable development regulations as discussed previously in this report. The proposed commercial and office uses are consistent with and implement the respective Local Commercial and Office Land Use designations. The required setbacks, open space buffer, and Circulation Element roadways provide an appropriate buffer between the commercial center, office, and existing and future residential developments and to ensure the proposed project will not be detrimental to existing uses. Furthermore, the surrounding residential uses will benefit directly by having a commercial center to serve everyday commercial needs in close proximity to their residences. The project's architectural design will compliment the areas Spanish/Mediterranean architecture. All required parking has been provided for and the infrastructure needs (full street improvements, curb, gutter, sidewalk, and traffic signals) of the uses were planned for with the construction of existing facility improvements or are conditioned to be installed. 2. That the site for the intended use is adequate in size and shape to accommodate the use. The subject site is adequate in size and shape to accommodate the proposed buildings and the proposed uses comply with the required development and design standards of the La Costa Master Plan, C-L, and Office Zones of Carlsbad Municipal Code Title 21 as previously discussed in Section B of this report. The proposed projects comply with the development standards for building setbacks, building height, and parking as proposed within the Master Plan, C-L, and Office Zones, except for the variance for an additional monument sign for the commercial project. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. The site functions as a component of the La Costa Master Plan's allowed commercial and related uses and Office uses. The project has been designed in accordance with all development and design standards of the Master Plan, C-L, and Office Zones; therefore, the project is compatible with existing permitted and future uses. The project has been conditioned to include traffic mitigation measures, noise attenuation, and outdoor lighting restrictions to ensure compatibility with the surrounding residential uses. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Primary access to the commercial site will be provided from three driveways: two located off of Rancho Santa Fe Road and one off of La Costa Avenue. The office project has one common driveway off La EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 22 Costa Avenue at Calle Timiteo. Pursuant to the Circulation Analysis of the project EIR 01-02, the street system serving the proposed uses will be adequate to handle the 25,516 Average Daily Trips generated by the proposed project. New traffic signals are proposed on La Costa Avenue located across from the existing Rancho La Costa Village Shopping Center, Calle Timiteo and Camino De Los Coches. The surrounding public streets will be improved to their full-width improvements, including curbs, gutters, and sidewalks. H. Variance, Chapter 21.50 of the Municipal Code The applicant is requesting a Variance from the Sign Ordinance (C.M.C. 21.41) to allow more than one monument type sign along a street frontage. Pursuant to Section 21.41.095 of the Carlsbad Municipal Code, commercial centers are allowed one monument type sign per street frontage. The project fronts onto Rancho Santa Fe Road and La Costa Avenue and would be allowed a total of two monument signs, one sign for each street frontage. Because the project has two project entries off Rancho Santa Fe Road, the applicant desires to have one monument sign per each entrance along Rancho Santa Fe Road. Signs are not typically considered during the review and approval of the project since signs are subject to the City of Carlsbad Sign Ordinance and are typically reviewed and approved by the Planning Director subsequent to action on any discretionary permits. The analysis of this request is based on the sign standards for commercial centers. Commercial centers are permitted one monument type sign per street frontage to be located at the primary driveway entrance or at other strategic locations. Because the size of the shopping center is much larger than other typical commercial centers and has multiple project entrances off Rancho Santa Fe Road, staff is supportive of the request for the additional monument sign. The separation of the entrances and signs would prevent the perception that there is an over abundance of signage for the center while providing the center with adequate access identification. Per the sign Ordinance, monument type signs may be placed at primary project entries or other strategic locations. Signs on entry walls or retaining walls are encouraged. In cases where such walls are on both sides of an entry drive, two signs, each at the maximum square footage, are permitted. This may allow one of the signs to be placed at the corner of Rancho Santa Fe Road and La Costa Avenue rather than at a project entry. The required findings can be made to support this request and are contained in the Variance resolution. The sample of the proposed monument sign is attached to the staff report. I. Conditional Use Permits, Chapter 21.42 of the Municipal Code As shown in Table 11, six drive through facilities, two gas stations and two car washes are proposed with this project. Conditional uses, such as bank drive thru teller lanes, drug store drive-thru windows, gas stations, and car washes possess unique and special characteristics that make it impractical to include them as permitted uses "by right" in any of the various zoning classifications (i.e. commercial, office, industrial). Pursuant to the underlying Local Shopping Center (C-L) Zone, drive-thru businesses that are not restaurants, gas stations and car washes are permitted in the zone with the approval of a CUP pursuant to the provisions and findings of Chapter 21.42.030. Staff has reviewed the six drive-thru facilities, two gas station, and two automatic car washes in the proposed project and concludes that all the necessary findings can be made to approve the CUPs. The required findings and satisfaction of these findings are discussed below in Table 11. EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 23 TABLE 11(A) - PROPOSED CONDITIONAL USES CUP NUMBER CUP 04- 18 CUP 08-01 CUP 08-02 CUP 08-03 CUP 08-04 CUP 08-05 CUP 08-06 CUP 08-07 LOT NUMBER Lot 14 Lot 24 Lot 12 Lot 7 Lot 6 Lot 13 Lot 15 Lot 22 TYPE OF PROPOSED USE Gas station/Car wash Financial pad Financial pad Gas station/Car wash Financial pad Financial pad Drug Store Financial pad UNIQUE FEATURES Below grade of Rancho Santa Fe Road Covered drive-thru and landscaped Below grade of Rancho Santa Fe Road Below grade of Rancho Santa Fe Road Below grade of Rancho Santa Fe Road Below grade of Rancho Santa Fe Road Covered drive-thru and landscaped. Dual lane, covered. TABLE 11(B) - CONDITIONAL USE PERMIT FINDINGS FINDINGS PROJECT CONSISTENCY That the requested use is necessary or desirable for the development of the community, and is essentially in harmony with the various elements and objectives of the General Plan, including, if applicable, the certified Local Coastal Program. The requested use is necessary and desirable for the development of the community in that a drive-thru teller, drug store, gas station, and car wash provides a desirable service and is a convenience to the community by providing increased accessibility and is designed to operate safely and efficiently within the commercial center. The projects are consistent with the General Plan Land Use, Circulation, and Public Safety Elements as shown in Table 1. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The proposed drive-thru facilities lanes are designed so that they will not impact other commercial uses in the center. The gas station and car wash will not be detrimental to existing uses as discussed in the section below. Each drive-thru provides an adequate vehicle stacking lane as to prevent blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 24 TABLE 11(B) - CONDITIONAL USE PERMIT FINDINGS CONTINUED FINDINGS PROJECT CONSISTENCY That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. The proposed drive-through facilities comply with all required development standards of the C-L Zone discussed previously in this report. The gas stations and car washes comply with the CUP section of the Zoning Ordinance as discussed below. The proposed design of each drive-thru lane includes a covered decorative building element with planters and landscaping to screen and separate the drive-thru lane from the existing parking lot. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The project will generate approximately 25,516 ADT. All uses within the La Costa Town Square Shopping Center, including businesses with drive-through facilities, gas station, and car washes, are included in the overall shopping center Site Development Plan approval. ,The proposed drive through facilities will provide directional arrows in the parking lot to guide drive-up users to the lane and is designed with sufficient vehicular stacking to avoid impacting the internal circulation system. TABLE 11(C) - SPECIFIC GAS STATION FINDINGS DEVELOPMENT STANDARD PROVIDED COMPLIANCE Part of a Community Shopping Center Shopping center site as identified in the La Costa Master Plan and General Plan. Yes Architecturally compatible with surrounding uses Architecture similar to remainder of center. Yes Landscaping: • Six foot planters • Six inch curbs • Flowers , shrubs, and trees • Efficient sprinkler system • Maintenance schedule Projects provide 10 foot minimum planters with six- inch curbs and flowers, shrubs and trees irrigated with an efficient sprinkler system and maintenance schedule per the Landscape Manual. Yes EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01 -04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 25 TABLE 11(C) - SPECIFIC GAS STATION FINDINGS CONTINUED DEVELOPMENT STANDARD Six foot masonry wall adjoining residential Shield exterior lighting All display and storage contained within building Trash enclosures Signs in conformance with Sign Ordinance Full public improvements PROVIDED Separated by distance (>200 feet) and topography and not physically adjacent to residential. Project conditioned to provide lighting study showing compliance. Project conditioned to preclude outdoor displays and storage. Project provides and is conditioned to meet Engineering GS-16 trash enclosure standard. Project conditioned to provide a sign program. Project conditioned to fully improve required public improvements. COMPLIANCE Yes Yes Yes Yes Yes Y.es TABLE 11(D) - SPECIFIC CAR WASH FINDINGS DEVELOPMENT STANDARD Designed to reduce visual impacts of buildings and waiting cars Architecturally integrated buildings Noise analysis addressing noise impacts Traffic study PROVIDED Buildings are placed behind primary use and are below the grade of Rancho Santa Fe Road with screening of waiting cars by landscaping. Architecture similar to remainder of center. Noise assessment prepared and identifies potential noise impacts in the nighttime; therefore the project is conditioned to cease operation in the night unless noise mitigation is provided. Traffic study prepared and impacts are addressed in EIR 01-02. COMPLIANCE Yes Yes Yes Yes EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 26 TABLE 11(D) - SPECIFIC CAR WASH FINDINGS CONTINUED DEVELOPMENT STANDARD Adequate parking and circulation Screening of waiting cars Signs in conformance with Sign Ordinance Adequate means to eliminate oils and grease PROVIDED Parking provided and queue lines are adequate to not impact driveways or circulation. Queue lines screened by landscaping and topography Project conditioned to provide a sign program. Building code requires interceptor (clarifiers) to remove oils and grease. COMPLIANCE Yes Yes Yes Yes J. Villages of La Costa Habitat Conservation Plan/Ongoing Multi-Species Plan The proposed project is included in the HCP/OMSP for Properties in the Southeast Quadrant of the City of Carlsbad. The document was created by the City of Carlsbad; Fieldstone, La Costa Associates; DFG; and USFWS to provide for the conservation of sensitive wildlife and habitat in the context of a proposed large-scale development plan. The HCP/OMSP identifies 66 species of concern and provides an impact analysis of the proposed development in regard to these species. In addition, the plan provides for the dedication of open space, which has already been provided, for impact to the species of concern and affiliated habitat. Anticipated biological impacts for the proposed project are assessed according to guidelines set forth in the HCP/OMSP. The entire project site is designed for development resulting in 100 percent impact to biological resources. Impacts to the covered species and their habitats are permitted by the HCP/OMSP and the associated Implementing Agreement. The HCP/OMSP provides species-specific mitigation measures for some impacts to species of concern and conserved habitats, which are discussed below. Implementation of the proposed project will impact approximately 17.4 acres of Diegan coastal sage scrub and disturbed coastal sage scrub, 5.6 acres of native grassland, 27.3 acres of normative grassland, 0.2 acre of riparian scrub, and 0.3 acre of disturbed wetland. The proposed development will impact thread-leaved brodiaea and Orcutt's brodiaea, and potentially impact San Diego thornmint, if found to be present. The impact associated with these covered, narrow endemic species is considered significant and has been mitigated by the open space dedication of the Rancheros/Southeast II component of the HCP/OMSP for Properties in the Southeast Quadrant of the City of Carlsbad. Implementation of Mitigation Measure B-l (conservation of brodiaea) for onsite occurrence of sensitive plant species would further reduce the onsite impacts to a level of less than significant. Impacts to the following sensitive or noteworthy species would also be considered significant but are mitigated on a habitat basis under the HCP/OMSP through dedication of the Rancheros/Southeast II open space: California adolphia, southwestern spiny rush, Palmer's grappling hook, western dichondra, and small-flowered microseris. The impacts to sensitive species listed in Table 5.6-2 of the EIR with a potential to occur onsite would be considered significant but are also mitigated EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 27 under the HCP/OMSP. Given the lack of vernal pool indicator plant species and the negative results of the 2001 protocol focused surveys for endangered fairy shrimp species, the pools onsite do not appear to be naturally occurring vernal pools. The wetland delineation survey also did not indicate the presence of vernal pools. Therefore, no impacts to vernal pools are expected during the proposed project. Impacts to disturbed and developed areas are not considered significant and do not require mitigation. The proposed project would impact all identified jurisdictional water and wetlands on the project site. This is considered a significant impact. The impact is not covered by the HCP/OMSP and will require additional mitigation. Impacts to the ephemeral drainages shall be mitigated at a 1:1 ratio for a total of approximately 0.26 acre. Impacts to the riparian scrub/seep shall be mitigated at a ratio of 3:1 for a total of 0.63 acre. Prior to issuance of a grading plan or other disturbance to the riparian scrub/seep, a restoration plan shall be prepared by the developer and approved by the City of Carlsbad Planning Department and US Army Corps of Engineers prior to disturbance (including grading) of the drainage or basin areas. The plan shall include mitigation for impacts to waters of the U.S. These mitigated areas may be satisfied by contribution to an approved mitigation site, where impacts to state or federal jurisdictional waters (as defined) are mitigated in an ACOE, DFG, or RWQCB mitigation bank. Implementation of the mitigation measures will reduce the impact to wetland and non-wetland jurisdictional waters to a level less than significant. Additionally, an individual Section 404 permit from ACOE, a 1602 Streambed Alteration Agreement from DFG, and a 401 Water Quality Certification from the RWQCB will be required. Also, the RWQCB requires that all urban runoff generated from any future development on the property be treated before being discharged offsite. This will be accomplished through the implementation of structural and nonstructural Best Management Practices (BMPs) designed for the treatment of storm water runoff. V. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project including ultimate buildout of the entire project. To determine the areas of potential impact, city staff prepared an initial study and issued a Notice of Preparation (NOP) on April 23, 2003, distributing it to all Responsible and Trustee Agencies, as well as other agencies and members of the public. Four written responses were received and city staff scheduled a public scoping meeting session in order to increase opportunities for public input. Notices of the scoping meeting were sent to all property owners within a 600-foot radius of the project boundaries as well as being published in the newspaper. The public scoping session took place May 1, 2003 at the Community Development Building, 1635 Faraday Avenue, Carlsbad. At the scoping session, the public was invited to comment on the scope and content of the EIR. Four people signed in at the scoping session. No additional input for the EIR was identified beyond what had already been received. After consideration of all the foregoing, city staff developed a detailed scope of work for the EIR. The EIR analyzed the following areas of potential environmental impact: EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 28 __ 1) Land Use and Planning 2) Transportation/Circulation 3) Air Quality 4) Noise 5) Paleontological Resources 6) Biological Resources 7) Hydrology/ Water Quality 8) Geology/Soils 9) Hazardous Materials and Hazards 10) Visual Aesthetics/Grading 11) Public Services and Utilities 12) Climate Change Additionally, the Draft EIR includes other sections required by CEQA such as an Executive Summary, Project Description, Cumulative Impacts, Growth Inducing Impacts, Significant Irreversible Environmental Changes, Unavoidable Significant Environmental Impacts, and Effects Not Found to Be Significant. On March 27, 2009, the Draft EIR was published and the City notified the Public via mailings and newspaper publications, interested parties, Responsible and Trustee Agencies, as well as other interested agencies. The "Notice of Completion" commenced an initial 45 day public review and comment period initially expiring May 11, 2009 and extended to May 29, 2009. A joint letter from California Department of Fish and Game and the U.S. Fish and Wildlife Service was received and accepted on June 3, 2009. The "Notice of Completion" advised that the Draft EIR was available for review at four locations: the City of Carlsbad Planning Department; the City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Public Library. Complete copies were also available for purchase, with or without the Appendices, through the Planning Department. The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance with the exception of Traffic/Circulation, air quality (cumulative), and short term noise impacts which would be considered cumulatively significant and unmitigable. Direct impacts, also referred to as primary effects, are those caused by the project and that occur at the same time and place. In contrast, cumulative impacts refer to two or more individual impacts that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact of several projects is the change in the environment that results from the incremental impact of the project when added to other, closely related past, present, or reasonably foreseeable, probable future projects. The cumulative impacts all arise from the marginal contribution the proposed project will make, when combined with the impacts from existing and other future projects, to pre-existing conditions that fail to meet applicable standards currently. A total of 18 comment letters were submitted. Responses were prepared for each of the letters and mailed to the commenters on June 17, 2009. The response transmittal letter also provided notice of the availability of the Final Program EIR. Included as a part of the Final EIR is a Mitigation Monitoring and Reporting Program (MMRP). The MMRP is also attached to the Planning Commission Resolution for the EIR. EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 29 Under CEQA, before a project which is determined to have significant, unmitigated environmental effects can be approved, the public agency must consider and adopt a "statement of overriding considerations" pursuant to CEQA Guidelines 15043 and 15093. As the primary purpose of CEQA is to fully inform the decision makers and the public as to the environmental effects of a proposed project and to include feasible mitigation measures and alternatives to reduce any such adverse effects below a level of significance, CEQA nonetheless recognizes and authorizes the approval of projects where not all adverse impacts can be fully lessened or avoided. However, the agency must explain and justify its conclusion to approve such a project through the statement of overriding considerations setting forth the Proposed Project's general social, economic, policy or other public benefits which support the agency's informed conclusion to approve the project. The CEQA Findings of Fact and Statement of Overriding Considerations are attached to the Planning Commission Resolution for the EIR. ATTACHMENTS: 1. Planning Commission Resolution No. 6577 (EIR 01 -02) 2. Planning Commission Resolution No. 6578 (GPA 01-02) 3. Planning Commission Resolution No. 6579 (MP 149(R)) 4. Planning Commission Resolution No. 6580 (LFMP 87-11 (C)) 5. Planning Commission Resolution No. 6581 (CT 01-09) 6. Planning Commission Resolution No. 6582 (CT 08-03) 7. Planning Commission Resolution No. 6583 (CT 08-07) 8. Planning Commission Resolution No. 6584 (CP 01-03) 9. Planning Commission Resolution No. 6585 (PUD 08-09) 10. Planning Commission Resolution No. 6586 (HDP 01-05) 11. Planning Commission Resolution No. 6587 (SDP 01-03:OFFICE) 12. Planning Commission Resolution No. 6588 (SDP 01-04:COMM) 13. Planning Commission Resolution No. 6589 (V 08-02) 14. Planning Commission Resolution No. 6590 (CUP 04-18) 15. Planning Commission Resolution No. 6591 (CUP 08-01) 16. Planning Commission Resolution No. 6592 (CUP 08-02) 17. Planning Commission Resolution No. 6593 (CUP 08-03) 18. Planning Commission Resolution No. 6594 (CUP 08-04) 19. Planning Commission Resolution No. 6595 (CUP 08-05) 20. Planning Commission Resolution No. 6596 (CUP 08-06) 21. Planning Commission Resolution No. 6597 (CUP 08-07) 22. Location Map 23. Local Facilities Impact Assessment Form 24. Background Data Sheet 25. Disclosure Statement 26. Reduced Exhibits 27. Final EIR for the La Costa Town Square, dated July 1, 2009 (previously distributed; copy on file in the Planning Department) 28. La Costa Master Plan (previously distributed; copy on file in the Planning Department) 29. Zone 11 Local Facilities Management Plan and constraints exhibit, July 1, 2009 (previously distributed; copy on file in the Planning Department) 11 \ EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE July 1,2009 Page 30 30. Fiscal Impact Analysis of Master Plan MP 149(R) and Related Documents, dated July 1, 2009 (previously distributed; copy on file in the Planning Department) 31. Exhibits "A" - "K" (Constraints and Hillside Development Permit), dated July 1, 2009 (previously distributed; copy on file in the Planning Department) 32. Exhibits "A" - "LL" (All Architecture, CT 01-09 Landscape and Map), dated July 1, 2009 (previously distributed; copy on file in the Planning Department) 33. Exhibits "A" - "G" (CT 08-07 Office Landscape and Map), dated July 1, 2009 (previously distributed; copy on file in the Planning Department) 34. Exhibits "A" - "K" (Residential Landscape and Map), dated July 1, 2009 (previously distributed; copy on file in the Planning Department) 35. Tentative Parcel Map (Minor Subdivision MS 04-08). 36. Monument Sign Design Sample 37. Correspondence to Planning Commission NOT TO SCALE SITEMAP La Costa Town Square EIR 01-02 / GPA01-02 / MP 149(R) / LFMP 87-11(C) / CT 01-09 / CT 08-03 / CT 08-07 / CP 01-03 / PUD 08-09 / HDP 01-05 / SDP 01-03 / SDP 01-04 / V 08-02 / CUP 04-18 / CUP 08-01 / CUP 08-02 / CUP 08-03 / CUP 08-04 / CUP 08-05 / CUP 08-06 / CUP 08-07 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: LA COSTA TOWN SQUARE - EIR 01-02/GPA 01- 02/MP149(R)/LFMP 87-1UO/CT 01-09/CT Q8-03/CT Q8-07/CP 01-03/PUD 08-09/HDP 01- Q5/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08-Q2/CUP Q8-03/CUP 08- 04/CUP 08-05/CUP 08-Q6/CUP 08-07 LOCAL FACILITY MANAGEMENT ZONE: 11. GENERAL PLAN: Local Commercial. Office. Residential Low -Medium ZONING: Planned Community (La Costa Master Plan) DEVELOPER'S NAME: La Costa Town Square, LLC ADDRESS: 8799 Balboa Ave. Suite 270. San Diego. CA, 92123 PHONE NO.: (858) 268-8901 ASSESSOR'S PARCEL NO.: 223-050-68 and 70 and 223-060- 31 and 32 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 83.07 ac ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: Demand in Square Footage = 668 B. Library: Demand in Square Footage = 356 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 83,723 D. Park: Demand in Acreage = 1.33 E. Drainage: Demand in CFS = 189 F. Circulation: Demand in ADT- 25.516 G. Fire: Served by Fire Station No. = 2 and 6 H. Open Space: Acreage Provided = 5.6 I. Schools: Encinitas Union Elementary and San Dieguito Union High School. Elem: 86. Middle 20. and HS 41 J. Sewer: Demands in EDU 380 K. Water: Demand in GPD = 186.862 L. The project is 110 units over the Growth Management Dwelling unit allowance. BACKGROUND DATA SHEET CASE NO: EIR Q1-02/GPA 01-Q2/MP149(R)/LFMP 87-1KCVCT 01-09/CT Q8-03/CT 08-07/ CP 01-03/PUD Q8-09/HDP 01-Q5/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07 CASE NAME: LA COSTA TOWN SQUARE APPLICANT: La Costa Town Square, LLC REQUEST AND LOCATION: Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program and the recommendation of approval of a General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development Permit, two Site Development Plans, Hillside Development Permit, Variance and eight Conditional Use Permits for the purpose of developing a 83.07 acre site with a 284,400 square foot community shopping center, 55,000 square foot office project, 64 single family lot subdivision, and a multi-family residential site all located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection in the southeast quadrant of the City in Local Facilities Management Zone 11. LEGAL DESCRIPTION: A portion of Section 31. Township 12 south and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to map thereof No. 848, in the City of Carlsbad, County of San Diego, State of California APN: 223-050-68 and 70 and 223-060-31 and 32 Acres: 83.07 Proposed No. of Lots/Units: Residential: 64 units/4 OS Lots, Commercial: 24 lots, Office: 2 Lots/60 units, Multi-Family site: 1 Lot/128 units. GENERAL PLAN AND ZONING Existing Land Use Designation: Local Commercial, Office, and Residential low-Medium Proposed Land Use Designation: Local Commercial, Office, and Residential Low-Medium density and Residential High density Density Allowed: 3.2 and 19 du/ac Density Proposed: 2.62 du/ac Existing Zone: Planned Community (La Costa Master Plan) Proposed Zone: Planned Community Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site PC (La Costa MP) Local Commercial/ Vacant Office /Residential Low-Medium North PC (Villages of La Residential Low- Residential Costa Master Plan) Medium 975 Revised 01/06 Surrounding Zoning, General Plan and Land Use, Continued: Zoninj General Plan South PC (La Costa MP)Local Commercial/Residential Medium/Residential Medium High Current Land Use Commercial/residential East West PC (VLMP) PC (La Costa MP) Residential Low Medium Residential Medium High Residential Residential LOCAL COASTAL PROGRAM Coastal Zone: |~] Yes [X] No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: | | Yes [X] No Coastal Development Permit: I I Yes Local Coastal Program Amendment: | | Yes [X] No No Existing LCP Land Use Designation: Existing LCP Zone: Proposed LCP Land Use Designation: Proposed LCP Zone: PUBLIC FACILITIES School District: Encinitas Unified Elementary and San Dieguito Union High School Water District: Olivenhain Municipal Sewer District: Leucadia Wastewater Equivalent Dwelling Units (Sewer Capacity): 380 ENVIRONMENTAL IMPACT ASSESSMENT I I Categorical Exemption, f~1 Negative Declaration, issued Certified Environmental Impact Report, dated Other, Draft Environmental Impact Report Revised 01/06 2.710 City of Carlsbad 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 information 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, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or 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. 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 thaji 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) $e £ £*H , Q / r /? Person ^ Title Corp/Part Title Addres 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title Corp/Part Title ~ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ZT7 3. 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. S££ Non Profit/Trust Non Profit/Trust Title / Title Address / Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes ^l No If yes, please indicate person(s): C t70*J" tfo f~ J L^r [faj NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge To t/~ L ignature of owner/date ^Signature of applicant/date Print or type name of owner /7««tyc^~ Print or type name of Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent 2 of 2 EXHIBIT A (description of Economic Interests in La Costa Town Square, LLC) NOTE: La Costa Town Square, LLC, is both the applicant and the property owner. All descriptions to an Economic Interest refer to membership ownership interests in La Costa Town Square, LLC. Name of Economic Interest Holder Economic Interest Description Qualified Terminable Interest Property (QTIP) 50 % Company Interest in La Trust under the June 1, 2003 John M. Tworoger Costa Town Square, LLC Revocable Trust, Dietmar E. Schott, Trustee; Brenda K. Tworoger, Beneficiary; Patrick Tworoger, Beneficiary; Stacy Tworoger, Beneficiary. Pacifica Fontana, LP, a California limited 12.5% Company Interest in La Partnership (majority owned by Ashok Costa Town Square, LLC Israni, an individual) Ashok Israni, an individual 10.22-% Company Interest in La Costa Town Square, LLC Except as shown above, all other economic interests are owned by individuals or entities that own less than a 10% share of economic interest in La Costa Town Square, LLC. 271 a si i» ii a§3 II i i Si a* ? • ? n! in |« IS i* s!i»h*h isj i i 5 si i I 8 | p is g § ^ $* IE (iKJtn funM* ti^f1 * ^ > I - > • - - • " - - i s a» -, 2 » -aS| « "i - R j i ~ < 3 5 1 S 3 5 i ! ! 55: s j 5 S 5 5 5 325 3i 1 11??! »»»* |5 IS! i i 3 S S i i i i 5222 & Li I - I1'Ssj ^ to&ilsj •i I ill PPM "ll'l I I I I5555 1 y•0- 5 t~. 8 V A Il IP SI r -on WHS m s j | 3 2 *!M* 3$ £? 1; 1 ! - %•• I -•--- >- - : s s53355 Mill >;;;-, 5 i • : 5 » 3 ^ 2 ^% =3 1 -^ ~ : : : ; ; i i i i i 3 s : 5 a i i i i ! s 3Jt s a * &?. ^ s » a »;-, I?1 Jill si i 51 ;i!:;" ; i i' HI! S S S £ < I S II 3 5 ^ I"*;1!*i*S"iti&i iii til llll mXI-' /A1! § « 3 8 S I Jy 89 ill € i i i i 1 Se £ 5 I I I I . ...L- ;?i I, . V I* (0 ~r si* 99 it- I to £ 1 o I^\Y^^> «0 till : ^ ^ &; r IJ~f\T*i \ I! I I I h*1 Pc .,<a <o Ss 3 II - sJ5q & _ to «J iLLLr ' £&i (958) 'I6 VD'oS^a11^ 001 aw"?a outturn 13 QKti 3 y vnos -NiroJJvis OD vi 0 .? c 6 1i ? \l Ihlli 3 I IDLU UJQC ^z< 333SI33S5*ar'ia)f:f5s£2SiiiSSslissssssssslsss IhJlfl III MIIP ,11i 1? ,111 is i i i a s i llfiH III! i!J il-5 P»!-i mil 3 y v n DS NAOI vis o »*J iBifr - Efci IBSSf til-, • Lti (BSB)DEI re LLL'r - IU (8S8) ^a-SOKWS a OCCII 3 y vnos vis OD vn ,'i *fliil Q.o "*»?™ ^ 1 33i I—4 l P=3,fii :4!!IT'S < C **d UUJr - E6i (8S8J KIK WofcHWSOKWns l«»lj Dwuirj a OCKI 3 y vnos vis OD vi ifihii I CL | QI «/> SS3$* 3 y vnos HiiM vis OD vi I CO IS » 818 a i 8 81E i 1 \ sp a 95ae»6 aapBs 3 a vnos vis OD vn immssmu I ujjt-UL (KB) OEItt W*»a*SOOZWPS{BMOU|u«3a OCCII 3 a vnos vis OD vi Pi' i iHili • •—•I tn I 1 1 1 i I ml0®©©©®©® ff 00I 1 CD | *d i8i* - E6£ (BSEIm* ~S&L (KB) OCIE6 VD"<*«QWSOK winsiwa«*u*DH omi 3 avnos vis o D vi Pi h Hi©©©©©©e© -® . i 1 oI 0I 1U 1 IDC 3 y v nos VIS 03 VT PI1 ! f lil !l I | | || | ©©©00000 ©- <D «8 ICC oBin I. to oil i CO_l iii*-E6i (KB) OCIZ6 VD'°**O«S 3 y vnos ViS OD VI ilHill il ! Mi1 1 1 i 1 1 i 00©©©®©® ••5 •8 CO ICC 08 IT CD o> 00 to 111 08UIE «d Ott-tU IKWU1*-1AL (KB) OCIZ6 «'<*tOt«S OK ITS|tauouu«3i3 otKI 3 a vnos vis OD vi fill!! CMcoi «d ISIV - Ui IK9Jiii*-toi(KB) OEIZ6 VD'o»*a'*S 3 a vnos vis OD vi in iibil iil Mlil©0®0©®©® Is!-® >*d && - tti tKHJ ^/V-E6i(9S8) OEII6 VD'08*01*5 OOCWTSWjooMJOa OKII 3 a vnos vis o D vi 2 ; O I CO h !! inmm©©©©©©©© •—© 5 CD UJ 9 " **d IBIV • E6i BSBJu&-tbi (KB) Otltt W'»*!a>*S 3 y vnos vis OD vn 2QCO ! I ci 0©©©®®©® ^ffi -© IHgF -© ^f -<•) 3 a vnos vis OD vn .a? jsffini oCO «d iBIV-tti MSW 3 y vnos vis OD VT 0©©©©©©© E o 1 £o &} C\> "^NTS CV)g « Q^^a *o > ^ > ^! 5V I ^ 3 £*.' "*;^ 2 2 3 3 £^ ^i ^ ^ t) K) Co *5j Q_ Cj tea-ia 11 1 i it i i 8 8I S S S S S S ^w*i»^^"wvwv?S>ui ;; i I 1 | ? in1 i5 «||I K\\i • «, JSa Illh ?s ! s« aSSIslS*JiS.«S8SSse*!sS ^ : ;2 ^ ; ; b b b & b V Su ! i . 88888^5 SB —: S 2 I S '• S *. S ft d '• •>il - «s *5 ?s i ! : ; ;SJ! MM! Mllrnhl1 ^ ;shi mii!!*i!IHi n: I s : : i • • IS f ; 1 8 ; I I! S l' 5 i M In M H H i ^iii!ii;i^i< •.«|ilgsie!'i"1!s=!ii»lliiliiiuiiii^l^ ml n n iiii! i? § ih »5s ?j lilt §11112222 --•4- 11 91is ^ililfe^sSsSnilsiutitiisstiiiyy r Ol ^n w 5 *^u 9 j., *,.,f.S =!a.,5 s S 9S 5,s fe , i % i i s? B ii 3 i 8 s*I I ;! * * ll i is if! fc3Q, P3 "> tfla iiiO !Q- UJ in X< UJ UJ-) 0a:IL in l i r _1 ^ ,- ip, c . . , *« o^V 4»^_,^<ii 1 -* ^ Q] 1- HI UJfei <9* I z 0o o UJ <iUz <8 O inQ UJ UJo UJ 0o UJ lilO UJ I UJ LJJ I vf) 0 O •'^VVt X*., -W$- • ' ••#!$&• -':J '.--S?. Mi i. ^la^^^ste'/ j4A*/^4S •" ^ \ ^i T=iB^-0\/<?l>^/ fM /p; U 7:!l|10^M/l^'"JlilM^?:M;l iu iu sis ft 1 --^ *!?.iilliSii i ££§§§§§Kill >->- I »« " •• — vii /•: ^j . . ; •! „<.—^-^jr~ -'••;,' •''< ^ ''•'' -•,i<KW'?-"ML~^Mi|/'•'//•'-/M---.•/ '~^n:'^ff. /, / ••' ./.•//^'•^ 332- f I" I « -, .°0 "I'N >^ g £3<x. gi ^ ui S fcSs|i sis<£A ill $ I I m winm «ii 111!fefetei o \ot\J IUO m if) I . « V \-\\- '>-'\V-'' '.^-yVf- $*\Y«'&%0r'-•.^m ^yf^--r ^\11E/^,» K, /S'^A^v 0-,'- \ s--,^'-- (v 8 f« V •- \ .-S^^'i\\B R''«. ^ \ »,-,>-"" < I UJi lei.i, ; H o HI oj o-l 5? I, ^alipiu.-"—-r: ^-Tsftf35"..--^'v- ^sSSrSL-iOW—r :j' J ;•'.'£! /C?r"--.-_if '/lUWivi' 7 !' /:,/MfV; S "" ;ft''''^ ^>'/! •!'l;/;/S /'///'u ;/i,7;h/ i'% *4I / p I. /Mi% I'/; is >- /m?"; ji;?!/iE?ft Bts xf *OXSQ s« Siit ;';'/^,"i'v;.;. r — , . . --..' .,\vx\v^P \\ 1^11| !•! /^)t^:^r"':s- -1-: l;• '-^ ? Ifis 11 •«i 11 bfjjiiiam >inmwi li , !•• * ff *i!* fSsi1- s yif ?! { I*3;»i!s!i ? • it !U Si iSl"-J *"* 1"55JihHlJJjiiilili in sill Hfi£ S E « 23 ,ili!|!|||l|I & 2 s * a. !!fi Hrf g ? h »3 fill! I = = S-.. I- ii, in ifi IS! li i sa *Hi HI li!y sJ! Cj g ^B ?MU E * B - E>- S f H -ify =3i s 21! * li lil ! i * 55 '^E ill ill 3 : tts* s I l!l I 8 is Ml ^fti i: i f!S! iP pi-i^ lil ii ' ¥oq j2^uF SSlFI ?S^i <!splpifiiji| if) ui > —1 <\)i_** «J -I i i I ki ®1 * i ! ! J. *Jilun:!i>-H,U * J§ § ilia*h i«;i«n::;;:: 11 ii! i i 1111 i i 111* it r it M H il I iS 8 S S 8 S 8 l|| SiHill o\- o u < il *§1; *,'»8 * cHi m BMI ^S|uliij! i !i 3«iilSs-»si 3c5S5i i i J a i ts T O x 2' 85SSI *j>, SS?3 5*^5 8j*£ - - ~. •ass S53 5T § s ss 5S SS ... SS5 ^^i 3M 3 « & V ^ a5 1 V Vf. % M n. ill **MfMr*»f*5S»5*( I to J1!?!l!"i»i * ~th i"i y N Y vji _i --- i I r f<-« .,/; j / 5 . i «-2 "h^^fe-fe S81 fc !iIBIS if? I*III! mn\I'ijj 5M\ I I N «S5«> r^ v Ka^^n;**§§**ts *^^ ^^ >-> II , i"^ ^O **J? ^sULJ ^ > ^ § ^ Uj S^^P*i* £& fe § ill II nif« SQ ^i? i 5? S>** P hI |I |i tl ll I fiS ^M s ! ^5 ?l ^ 1! _, .,is ?* l« P §iP ^l if I y a| H sj||5l i| IIi||||y5 !;!^ in r H O S irt •» £ m Z I O O •» ?5 IIN5? Psi™it «ISESsi* Sf P^Ii^t «f OJJa< * H 3HD ^1^^isi ihl?i?B|B«Si itJSiil?ml3«^3a ^*P&4SSsii «|hs MSi^5"?Kui1"^8-i!!>;tjij Pll!Joi»S 56 gSL o n < uS^B? ^X^-XVk^sfc,/ ^ 'KWfprlll ; \ ^i .¥S<%oAY"''-tV '• ; CLi booc annr * oO TO Is! *.r~£ g*j-: ssk ». ss « 5 t?! ill i 1 i | s J | ! 5 i || | I j ||fell, jiiliii.iiM.Siitii.iii.faiiitii •" 1 I* ill III Mlj 5 l\sllll s U »!* |] Ip II j* * 8888 ? s bi! b '• . 111! iii! o o I ill li! 5 5»5 S £ <1 < ws3«5*>?sTr o sz «5 bbb 1 V TH gl i 0s; 5 is H H s s s s s s "Is* = * o < III I?"H ? \ t-iSr* I S5«1» I u*2 •;--^!K < a—n- s ,-N- :» tf: I ^ |ii ,4 a uj _ ii; ihfi -•i p ' rv i "- 11 i.ert*'-*S11* ^ *!', -I i.i i t •i St s - a "1 ~J"T~i~ -* — '^ "i s "f If I? r?5 . ?Nt!i^i r Iliij55 J i?,l JL_ J' I! ? & III I » I?*310 CObsi I «. fe 3 5,§ii*•oci:% i ^§qi<i^ S18fc 3 •JfSS«aS*i«SS«S5! '"i ?L1~; *' '^'.l J.J1 .' ! ^ 5{l':,;*• .;j|:(/ I -I. k-*i S '°N 133HS 33S ;:', w?Js IS , •^ ^« S * /•.-' '.'s' ''* -'• . '' ^-*T$£%3&*!?'' : 1 : "••" y- / ''«O!^ .-. •-; ': ' / ' '/• ^\'?;\;\v>,' '" I'O'MaV^C/,; --X •i^^rT^-3-^'fj i 'i p i^'v•--.... ^y|'_J I i r, I ^. i §' '7..- 5!!-x$mtf^$@&'*'•--^^^;:^. v;*frvj\i jiff* >l- - • \.W&-'..^'-«\^^A' !di - j'lll fl» "h1 c>.>'.-• *<;*>? •2,54 B I ill ipiS f 'ON 133HS 33S EXHIBIT 6 Planning Commission Minutes July 1,2009 Page 4 and have it reference the new nonconforming ordinance which the Commission is being asked to recommend approval of. Commissioner Boddy asked if the Commission is still being asked to approve the revised language to the Zoning Code. Mr. Neu stated yes, and directed the Commission's attention to the first page of the Staff Report to see the proposed text changes. Mr. Neu stated the difference is that there is now alternative wording proposed by Mr. Brechtel, and he feels it accomplishes the same thing as what is being proposed by Staff. Commissioner Boddy stated that the wording "may be waived" sounds like there is discretion with the Planning Department whereas "shall be waived" sounds more definitive. Commissioner Boddy stated that if the Commission agrees with the proposed changes to the ordinance, it should not be discretionary, and therefore she agrees with Mr. Brechtel. Commissioner Douglas stated she agrees with Commissioner Boddy. Chairperson Montgomery stated his concurrence with Commissioner Boddy. Chairperson Montgomery opened public testimony. Wayne Brechtel, 3676 Monroe, Carlsbad, thanked the Commission for making the proposed changes. Chairperson Montgomery asked if any other members of the audience wished to speak on the item. Seeing none, he closed public testimony. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6573 recommending adoption of a Negative Declaration and adopt Planning Commission Resolutions No. 6574 and 6575 recommending approval of ZCA 09-01 and LCPA 09-01 based on the findings contained therein including the errata sheet and the language as proposed by Mr. Brechtel. VOTE: 5-0-1 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Boddy, Commissioner Douglas and Commissioner L'Heureux NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 2 and asked Mr. Neu to introduce the next item. 4. EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-11 (O/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-OS/SDP 01-03/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-OS/CUP 08-06/CUP 08-07- LA COSTA TOWN SQUARE - Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development Permit, Hillside Development Permit, two Site Development Plans, Variance and eight Conditional Use Permits for the development of a 83.07 acre site with a 284,400 square foot community shopping center, 55,000 square foot office project, 64 single family lot subdivision, and a multi-family residential site all located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection in the southeast quadrant of the City in Local Facilities Management Zone 11. Planning Commission Minutes July 1,2009 Page 5 Mr. Neu introduced Agenda Item 4 and stated Senior Planner Van Lynch would make the staff presentation. Chairperson Montgomery opened the public hearing on Item 4. Mr. Lynch gave a detailed presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Pat O'Day, 2710 Loker Avenue West, Carlsbad, gave a detailed presentation and stated he would be available to answer any questions. The Commission asked questions regarding the following topics: phasing of the commercial center, signage for the project, traffic circulation, traffic signal synchronization, and water capacity for the project. Chairperson Montgomery asked for responses to the questions raised by the Commission. Robert Wilkinson, 2810 Roosevelt, Carlsbad, stated the fountains will only operate during day, would use potable water, and would function as a noise buffer from traffic at the intersection of La Costa Avenue and Rancho Santa Fe Road. The landscaping will use reclaimed water. Mr. O'Day stated it makes sense to phase the project so that the major anchor stores are in and operational before the other stores come in. All the grading will be done at one time. Mr. Lynch stated the request for a variance for signage will allow for flexibility in the placement of the monument signs for the project. Bob Johnson, City Engineer, stated that the traffic signals proposed for the project are required to be hardwired to work together and will be synchronized with other signals in the project vicinity by a Traffic Management Center at a later date. He further stated the project must be able to stand alone and mitigate any traffic impacts. RECESS Chairperson Montgomery called for a ten minute recess at 7:58 p.m. CALL TO ORDER Chairperson Montgomery called the meeting to order at 8:13 p.m. with all Commissioners present. Chairperson Montgomery opened public testimony. The following speakers spoke in favor of the project: Andy Lee, 7040 Avenida Encinas, Carlsbad Brenda Tworoger, 335 Via Linda del Sun, Encinitas John Harelson, 3523 Calle Gavanzo, Carlsbad Kevin Sharrar, 2371 Terrazo Salvo, Carlsbad Bonnie Diamond, 3554 Calle Palmito, Carlsbad Kim Nguyen, 907 Lake Ridge Drive, San Marcos The following speakers spoke in opposition of the project and cited concerns regarding traffic circulation and signal synchronization, mitigation provisions, lack of pedestrian paths and overcrossings, water usage, landscaping, and screening of rooftop equipment: Planning Commission Minutes July 1,2009 Page 6 Pat Bleha, 3209 Fosca Street, Carlsbad Barbara Tice, 7106 Lantana Terrace, Carlsbad Nancy Curry, 3325 Cabo Way, Carlsbad Ron Dechter, 3325 Cabo Way, Carlsbad Claire Crilly, 3508 Sitio Baya, Carlsbad Joe Crilly, 3508 Sitio Baya, Carlsbad The following speakers stated that they are in favor of the project but do have some concerns regarding traffic signals, water usage, lighting, high density housing, and the need for two gas stations in the center: Neal Myers, 3530 Calle Gavanzo, Carlsbad Alan Recce, 7442 Trigo Lane, Carlsbad Paul Kaplan, 3521 Corte Romero, Carlsbad Michael Mewborn, 3510 Camino Cereza, Carlsbad Ellis Diamond, 3554 Calle Palmito, Carlsbad Chairperson Montgomery closed public testimony and asked the applicant to respond to the issues raised during public testimony. Mr. O'Day stated that in regards to the water usage on the site, the San Diego County Water Authority says the new development is responsible for less than 1% of the region's water demand. Olivenhain Municipal Water District planned for this development in 2007 in their 20 year Urban Water Management Plan, The earliest this project can start is two years from now up to four years from now as allowed by the permit. In regards to the lighting in the parking areas for the project, they will be down lit and will go to a lower intensity at night. Mr. O'Day stated there is a need for gas stations in the city and sometimes the major anchor stores like to have an ancillary gas station attached to it. At this time, he would like to keep both gas stations in the site and have the ability to re-evaluate the needs as the project moves forward. Chairperson Montgomery asked what would be proposed if one of the stations was not built. Mr. O'Day stated he was not sure at this time. Commissioner L'Heureux asked what flexibility is there for the developer to change any of the uses of the proposed building if the maps are approved as they are proposed currently. Mr. Lynch stated the Commission would be approving a use permit for a use that is conditionally permitted. For a use that is normally allowed by right, there would be no need for a use permit. In regards to the rooftop equipment, Mr. Langan stated there will be screening with parapets; however, the final studies have not been done yet to determine what level that needs to be taken. The mechanical equipment on the roofs will be screened per the city's standards. Mr. Lynch stated that the Habitat Conservation Plan was part of the Villages of La Costa project and the Rancho Santa Fe Road Widening project, and was put in place prior to the Habitat Management Plan. That plan anticipated the complete removal of vegetation on the site. It mitigated through the open space preserves throughout the Villages of La Costa and through offsite acquisition of property as part of the county core habitat area for mitigation purposes. Dawn Wilson, RBF Consulting, gave a detailed explanation regarding the traffic circulation and signal synchronization for the project. Mr. Lynch stated the project is conditioned to provide bus stop locations along La Costa Avenue and two bus stops along Rancho Santa Fe Road. There are no other opportunities for mass transit in the area. Mr. Lynch further stated that the EIR established thresholds for infrastructure that the project needs to meet as it pertains to police service, fire services, water services, and services in general. The fundamental purpose of Growth Management is to ensure there are facilities in place to serve the project at the time of its development. There are no significant impacts as it relates to services for this site. 358 Planning Commission Minutes July 1,2009 Page 7 In regards to grading for the project, Mr. O'Day stated that he anticipates the grading to take about two months with some light blasting happening first. Most of the heavy blasting occurred prior to the homes to the north being built. There are the protections of the grading ordinance as well as the protections as outlined in the EIR regarding blasting. Clyde Wickham, Associate Engineer, stated there are also stringent controls for dust control. Construction Management and Inspection requires noticing to the residents regarding blasting activity. Chairperson Montgomery stated that due to the time, he would forward the remaining questions to the Planning Director so that Staff could respond at the next meeting. Chairperson Montgomery reminded the audience that the public testimony has been closed and there will not be any public testimony taken at the next meeting. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission continue the item to the meeting of July 15, 2009. VOTE: 5-0-1 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Boddy, Commissioner Douglas and Commissioner L'Heureux NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None Chairperson Montgomery thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of July 1, 2009, was adjourned at 10:08 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk DRAFTPlanning Commission Minutes £U vMBi JUMP2009 Pa9e 3 1. EIR 01-02/GPA 01-02/MP 149(m/LFMP 87-11 (O/CT 01-09/CT 08-03/CT 08-07/CP 01- 03/PUD 08-09/HDP 01-05/SDP 01-03/SDP 01-04A/ 08-02/CUP 04-18/CUP 08-01/CUP 08-02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07 - LA COSTA TOWN SQUARE - Request for the certification of an Environmental Impact Report, including the approval of Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, three Carlsbad Tract Maps, Condominium Permit, Non-Residential Planned Development Permit, Hillside Development Permit, two Site Development Plans, Variance and eight Conditional Use Permits for the development of a 83.07 acre site with a 284,400 square foot community shopping center, 55,000 square foot office project, 64 single family lot subdivision, and a multi-family residential site all located northerly and easterly of the La Costa Avenue and Rancho Santa Fe Road intersection in the southeast quadrant of the City in Local Facilities Management Zone 11. Mr. Neu introduced Agenda Item 1 and stated Senior Planner Van Lynch, assisted by Associate Engineer Clyde Wickham, would respond to comments received during public testimony at the previous hearing. Chairperson Montgomery opened the public hearing on Item 1. Commissioner Dominguez recused himself due to being absent for the previous meeting. Commissioner Nygaard stated she wished to participate in the meeting as she has prepared herself for the meeting by reading all the submitted materials, watching the webcast of the previous meeting, and visiting the site. Chairperson Montgomery asked if the applicant wished to continue with only 6 Commissioners. The applicant stated yes. Chairperson Montgomery stated that during the previous hearing, the Commission heard Staffs presentation, the applicant's presentation as well as public testimony. Public testimony was then closed. Chairperson Montgomery also noted that the Commission has received about 20 letters from the public since the last meeting. Seeing as the issues raised in the letters are the same issues that have been raised previously, public testimony will not be reopened. Assistant City Attorney Jane Mobaldi stated that the letters submitted by the public will become part of the public record. Chairperson Montgomery asked Staff to respond to the issues raised during the previous meeting as well as any issues raised in the letters received from the public. Mr. Lynch directed the Commission's attention to a slide to point out pedestrian linkages in the project as well as interconnections with adjacent neighborhoods. The project does have sidewalks all along the frontage as well as both sides of Rancho Santa Fe and La Costa Avenue. Mr. Lynch further pointed out trails near the project site along with four proposed bus stops. The project does also propose numerous traffic signals along with upgrades to existing traffic signals in the project vicinity. A pedestrian bridge is not included in the project. In regards to the multi-family site of the project, the site was previously graded as part of the mass grading for the Rancho Santa Fe Road Realignment. The building heights for this portion of the project will be upwards of 40 feet to the peak of a roof which is measured from the existing pad height. If a development comes forward and proposes lower grades, the building height would go down with the new grades. If a development comes forward and proposes higher grades, the building height would be established from the newly established approved grades if the Commission were to approve a higher grade. If the proposed multi-family site was developed with office buildings instead, office buildings have Planning Commission Minutes July 15,2009 Page 4 a height limit of 35 feet with roof projections up to 45 feet. Mr. Lynch stated there would most likely be a greater mass with office buildings than with residential buildings. Mr. Lynch further stated that in regards to building heights, the La Costa Master Plan currently has a building height for residential medium and residential medium-high land use of six stories and 70 feet. The project is proposing to modify that to reflect the current code of the Zoning Ordinance to make it a three story, 40 foot maximum height. Pertaining to compatibility with the multi-family project, Mr. Lynch stated there are buffers built into this site with the old Rancho Santa Fe Road and grade separations for some of the portions to the north, northwest of the project. To the existing residences, the pads are at grade or lower in grade than the existing single family homes. There is about a 100 foot buffer from the previous road alignment and an open space buffer between the two projects. From a home to a potential setback, there will be about 150 feet between homes. The purpose of placing residential high density on the site is to help meet the city's regional housing needs. The city is looking for opportunities to provide sites that provide more affordable housing. Projects that provide densities of upwards of 19 units per acre are defined by the State to be more affordable. Mr. Lynch stated that is not affordable in that they are low income. It is affordable in that there are multiple units that are smaller sizes that are more affordable. The project will be required to provide 15% as affordable as part of the city's inclusionary housing ordinance. Chairperson Montgomery asked if there were any questions of Staff. Chairperson Montgomery asked how Staff determined to have high density housing units placed on that site versus residential housing similar to the homes to the northeast of the project. Mr. Lynch stated that the project originally proposed office uses at that site. In trying to follow the original land use designations for the site, there was an office component to the project. When Rancho Santa Fe Road was aligned, it appeared to try and keep that office designation at that approximate site which would be separate from the commercial site. There seemed to be a natural separation to the uses. As the project evolved, the City and the developer were looking for housing opportunities. In lieu of giving up the commercial site, or a portion of it, it was determined the site would be converted to residential and then modify a part of the commercial site to make it an office site. Mr. Lynch further stated there might be compatibility issues if the office and residential high density sites were swapped. Commissioner Nygaard asked if there was any precedence in the City for placing higher density housing near shopping centers. Mr. Lynch stated that the theory is that if you place higher density residential areas next to commercial sites, it will serve a greater number of people without having to provide additional trips. The La Costa Master Plan anticipated this so that is why there are higher density residential areas around the project site. Mr. Neu added that near the shopping center at El Camino and Aviara Parkway, the City has added multi-family sites in the vicinity of the center in response to General Plan policies which try to provide and locate higher density housing in proximity to commercial land uses. Mr. Neu stated there are a number of funding opportunities that the City foregoes by not having a certified housing element. Staff has worked very hard to find sites that would meet the City's General Plan policies as well as work with the City's Habitat Management Plan to preserve open space. As the City has gotten closer to buildout, Staff has had a hard time finding sites for higher density housing. The State assumes that as a project reaches a certain density, it would provide housing for various income levels. The City's local ordinance does require a 15% inclusionary housing requirement that this project's residential portion has to satisfy as well. It is very likely that the 15% requirement will be provided onsite unless there is a project feasibility issue that would cause it to be moved off-site. Mr. Lynch discussed the issue regarding building roofs and visibility of the roofs and directed the Commission's attention to several slides depicting the proposed roof heights and the potential views from various locations adjacent to the project site. Planning Commission Minutes July 15,2009 Page 5 Commissioner Nygaard stated her concerns regarding any of the roofs being white in color and asked if there is anything that can be done to make it not happen. Mr. Lynch stated the roofs will be white in color for the cool roof design as it is more reflective and the buildings absorb less heat. Additional roof screening is an option to help block the reflectivity of the white color. Mr. Lynch further discussed lighting for the project and stated the project is conditioned to provide a lighting study. The project will include full cutoff lighting for the prevention of glare. The light will be contained onsite and will not produce additional glare. Chairperson Montgomery asked if the lighting study will be required for the entire project. Mr. Lynch stated Staff typically sees the lighting study at the beginning of the project because that is when the initial infrastructure is done. Chairperson Montgomery asked about protections the city has for mitigating lighting in the late evening. Mr. Lynch stated at this point he does not have any details as to what types of lighting will be proposed for the project. The Commission could propose a condition so that only security lighting remains on after a specific time in the night. Mr. Lynch discussed water usage for the project. All the landscaping for the project will be using reclaimed water. Commissioner L'Heureux asked about water usage within the buildings with features such as low flow toilets. Mr. Lynch stated those are not required through Planning. Mike Peterson, Development Services Manager, stated there is a requirement within the Building code that require the use of water efficient facilities and appliances within the structures. Commissioner L'Heureux asked Mr. Peterson if those requirements are for residential buildings as well. Mr. Peterson stated it is required in the residential areas as well. Mr. Lynch addressed green building standards. Presently, the Planning Department does not have any standards for energy efficiency in buildings. Mr. Peterson discussed green building standards as they pertain to the Building Department. Chairperson Montgomery inquired about any green buildings proposed for the project. Mr. Langan, with Smith Consulting Architects, gave a detailed explanation regarding green buildings, LEED certification, and what is being proposed for this project. Mr. Lynch discussed guarantee of completion of the center prior to occupancy of the first building. Mr. Lynch stated that the only bonding that will be in place for the project will be for the grading of the site and for the completion of the public improvements by the City. Mr. Wickham gave a detailed explanation regarding the procedures on blasting. Glen Van Peski, Senior Civil Engineer, stated most of the blasting was done previously by the Villages of La Costa project. The developer is responsible for addressing any complaints from residents. Mr. Van Peski stated there are guidelines and policies in place with exact wording to be contained in the notice and further discussed the noticing requirements for any blasting activity. Mr. Lynch stated there have been some cursory fiscal impact analyses done for the project which have shown increased revenue for the City. As far as impacts to public facilities, the Growth Management Plan did anticipate a certain amount of development throughout the entire City and specifically Zone 11, which is the zone this project is in. This proposed project has significantly less square footage than what was anticipated. The facilities the City has provided and anticipated exceeds the project's demand. There will be no impacts to public facilities and the EIR supports that. Commissioner Nygaard asked if there will be a drop box for the library. Mr. Lynch stated the Library is open to the idea but does not feel it should be required at this time. A condition has been drafted for a library drop box if the Commission chooses to add it. Chairperson Montgomery asked if there has been any discussion of a smaller satellite facility for the post office. Mr. Lynch stated no, and further stated the police department stated there is no need for a satellite police facility at this site. Planning Commission Minutes July 15,2009 Page 6 Mr. Lynch discussed air pollution, stockpiling, and grading for both the residential and commercial sites. Chairperson Montgomery asked if there is anything unusual regarding the mass grading of this site. Mr. Wickham stated no, and the sites will be graded all at once. Chairperson Montgomery asked about the length of time and dust control. Mr. Van Peski stated the length of time is difficult to respond to. The project will be required to comply with the statewide general permit for construction activities. Mr. Lynch discussed gathering areas within the plaza. Mr. Lynch stated the commercial shopping center is not designed to hold large community events. Those larger events would be more appropriate for venues such as Stagecoach Park. Mr. Lynch responded to the letter from Mr. Delano regarding the adequacy of the EIR and asked Mr. Jerry McLees from EDAW to respond. Mr. Neu stated that EDAW did provide a written response to Mr. Delano's letter which has been provided to each Commissioner. Mr. McLees summarized the responses provided in EDAW's letter. RECESS Chairperson Montgomery called for a recess at 7:42 p.m. CALL TO ORDER Chairperson Montgomery called the meeting to order at 7:54 p.m. with all Commissioners present. Mr. Lynch discussed the errata sheets submitted for the project and concluded Staffs response to the issues raised by the public. Chairperson Montgomery asked the applicant to respond to any items raised. Pat O'Day, O'Day Consultants, gave a brief response regarding the traffic signals and connections. In regards to grading, he stated it should take about 2 months to grade the site. Commissioner Douglas asked if there will be bicycle parking provided on the site. Mr. O'Day stated yes. Dawn Wilson, RBF Consultants, gave a brief presentation and answered questions regarding traffic impacts. DISCUSSION Commissioner Baker stated her biggest issue with the project is solar readiness and urged the developer to think very long term for the project site. She stated she does not have any issues with high density on the site, likes that the project will provide services for the community. Commissioner L'Heureux thanked staff and the applicant for a very methodical review of the project and the points raised over the past number of weeks. He stated he agrees with Commissioner Baker in regards to solar readiness and green buildings for the project. His concerns about traffic and interconnectivity have been addressed. Commissioner L'Heureux does not have an issue with high density on the site. He feels the market will dictate the types of buildings and uses. Commissioner Nygaard concurred with Commissioner L'Heureux. She stated she has an issue with the rooftops on the buildings and she feels they should not be white. She further stated she would like a library drop box at the site. Overall she stated she is pleased with the project. Commissioner Boddy stated she feels there will be significant impacts with this project and there will be mitigation measures imposed because of those impacts; however, she feels the benefits of this project outweigh the impacts. She stated she is concerned with the water features proposed with the project but Planning Commission Minutes July 15,2009 Page 7 she wants to ensure this will be a beautiful, attractive town square. Commissioner Boddy commented that high density does not mean low quality, and she has no issue with it being included with the project. She further stated she would like to see more green building elements, and she feels the solar readiness of the buildings is good. Commissioner Douglas feels this project will bring many jobs and create more shopping opportunities for the community. She would like to see more conditions regarding the proposed lighting for the project. Chairperson Montgomery stated he is generally in favor of the project, but he does have some concerns with the project. He stated he does not feel the traffic issues will be better along La Costa Avenue past Levante going eastbound. He further stated he likes the concept of interlinking the signals in the area. He commented that he feels the project is lacking in the entertainment aspects. Chairperson Montgomery stated he feels La Costa deserves a high class shopping center. He commented that the high density residential component will directly support the shopping center. Ms. Mobaldi stated there are not requirements for solar in the city's code. If the applicant is in agreement for conditioning the project to be solar ready as stated in the letter he submitted, it can be conditioned as such. Mr. O'Day gave a summary of the specifics regarding solar readiness. Commissioner L'Heureux asked if it would be for the entire project or only for certain elements. Mr. O'Day stated he was in agreement for the commercial and office portions of the project to be solar ready but not the residential. Commissioner Nygaard asked if there is a process to send the issue of solar readiness up to City Council for their consideration in making a citywide policy. Ms. Mobaldi explained the Minute Motion procedures. Ms. Mobaldi commented that there are conditions that need to be added to project prior a motion being made. One is in regards to additional rooftop screening, one is in regards to the library drop box and the other pertains to lighting. Mr. O'Day stated he is in agreement with additional screening of rooftops. Ms. Mobaldi recommended the Commission have that condition deferred to the discretion of the Planning Director. Mr. Neu explained that Condition No. 16, in Resolution No. 6587, page 4, is a standard lighting requirement, and the mitigation measures include limiting the hours of the outdoor lighting except as they relate to security purposes. Mr. Lynch read the proposed wording for the library drop box. Commissioner Baker asked to change the word "need" to "feasibility." Ms. Mobaldi proposed the following wording regarding the rooftop screening: "The applicant shall screen the cool roof to the satisfaction of the Planning Director to mitigate the visual impacts to the nearby residences." Planning Commission Minutes July 15, 2009 Page8 MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6577 recommending that the City Council certify the Environmental Impact Report EIR 01-02, including the approval of Candidate Findings of Fact, a Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program, adopt Planning Commission Resolution Nos. 6578, 6579, 6580, 6581, 6582, 6583, 6584, 6585, 6586, 6588, 6589, 6590, 6591, 6592, 6593, 6594, 6595, 6596, and 6597 recommending approval of General Plan Amendment 01-02, Master Plan Amendment 149(R), Local Facilities Management Plan Amendment 87-11(C), Carlsbad Tract Map 01-09, Carlsbad Tract Map 08-03, Carlsbad Tract Map 08-07, Condominium Permit 01-03, Non-Residential Planned Development Permit 08-09, Hillside Development Permit 01-05, Site Development Plan 01-04, Variance 08-02, Conditional Use Permit 04-18, Conditional Use Permit 08-01, Conditional Use Permit 08-02, Conditional Use Permit 08-03, Conditional Use Permit 08-04, Conditional Use Permit 08-05, Conditional Use Permit 08-06, and Conditional Use Permit 08-07 and adopt Planning Commission Resolution Number 6587 approving Site Development Plan 01-03 based on the findings and subject to the conditions contained therein including all the items contained in the errata sheet, the added condition of having the project solar ready for commercial, retail and office buildings, the added condition regarding lighting as described by the Planning Director, the added condition pertaining to the library drop box, and the added condition of screening the cool roofs per the Planning Director's discretion. VOTE: 6-0-1 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Boddy, Commissioner Douglas, Commissioner Nygaard and Commissioner L'Heureux NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 1. Commissioner Dominguez returned to the dias. MOTION ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission place on a future agenda an item to consider sending forward a recommendation to City Council to adopt solar/solar ready recommendations on new projects in the City of Carlsbad. VOTE: 7-0 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Boddy, Commissioner Dominguez, Commissioner Douglas, Commissioner Nygaard and Commissioner L'Heureux NOES: None ABSENT: None ABSTAIN: None Chairperson Montgomery asked Mr. Neu to introduce the next item. ERRATA SHEET FOR ITEM # 7 August 11,2009 TO: CITY COUNCIL FROM: SENIOR PLANNER, VAN LYNCH SUBJECT: LA COSTA TOWN SQUARE - EIR 01-02/GPA 01-02/MP 149(R)/LFMP 87-ll(C)/CT 01-09/CT 08-03/CT 08-07/CP 01-03/PUD 08-09/HDP 01-05/SDP 01-04/V 08-02/CUP 04-18/CUP 08-01/CUP 08- 02/CUP 08-03/CUP 08-04/CUP 08-05/CUP 08-06/CUP 08-07 1. Staff is recommending that the City Council revise Exhibit X - La Costa Master Plan of Planning Commission Resolution No. 6579 as follows: Page III-5 E. Community Core and Neighborhood Commercial 1. Neighborhoods SE-10, SE-11, SE-13, SE-14, SE-15, and SE-16, are designated in this Master Plan as the Community Core. Prior to development of these neighborhoods, a Site Development Plan shall be approved. Subsequent development shall be subject to said plan. For neighborhoods SE-10, SE-11, SE-14. and SE-16, the Site Development Plan shall be developed and approved pursuant to Municipal Code Chapter 21.06, Q Qualified Development Overlay Zone, and for neighborhoods SE-13, SE-14, and SE-15 it shall be developed and approved pursuant to Chapter 21.31, Local Shopping Center Zone of the Carlsbad Municipal Code. 2. Preparation of all neighborhood development plans within the Community Core shall insure compatibility with adjacent neighborhoods particularly regarding the placement of open spaces, selection and location of landscaping material, continuity of pedestrian and bike paths, siting of structures for view opportunities and architectural harmony. 3. The Development Plan for neighborhoods SE-13, SE 11, and SE- 15 shall set forth designated land uses pursuant to Table III-2, external and internal traffic circulation, a landscaping plan, building bulk, height and location, exterior architectural style and signing, in addition to other standards of this Master Plan. Also refer to the Individual Neighborhood Development Regulations of Section III.L. 4. The preparation of Development Plans for neighborhoods SE-10, SE-11, SE-12, SE-14. SE-16 and SE-23 shall be governed by the Individual Neighborhood Development Regulations of Section III.L in addition to other standards of this Master Plan. Page III-11 e. (SE-13 A & B) See Section III.E. above and f. bolow. The site development plan for SE 13A shall be processed concurrent with Neighborhood SE-13B. The square footage reserved for office use shall not less than 15% of the total square footage of structures in SE-13A and SE-13B. f. (SE-14) Development should: utilize multiple dwelling unit development. See Section III. E. The site development plan for this neighborhood ahall bo processed concurrent with Neighborhood SE 13. Commercial and office uses oan be interspersed throughout both neighborhoods. 2. Staff is recommending that the City Council revise Exhibit B - Mitigation Measure H-l of Planning Commission Resolution No. 6577 and Table 2.0-2 Environmental Impacts and Mitigation Measures, of EIR 01-02: Prior to approval of a final map subdividing the single-family residential portion of the project site, a grading plan shall be prepared and shall determine the extent of dam inundation area of the existing Stanley A. Mahr Reservoir. All portions of the single- family residential lots development within the dam inundation area of the existing Stanley A. Mahr Reservoir shall receive notification as part of the standard ownership disclosure package and Covenants, Conditions, and Restrictions (CC&Rs) that their property is inside the Stanley A. Mahr Reservoir dam inundation area, and is subject to flooding, resulting in the potential loss of property, in the event of dam failure. 3. Add an additional finding regarding the Hillside Development Permit: That the alignment and grading for Rancho Santa Fe, a Circulation Element roadway, was an environmentally preferred location pursuant to EIR 91-01, certified on June 2, 1992, that impacts the project site as indentified in HDP 01-05. Van Lynch