HomeMy WebLinkAbout2021-12-01; Planning Commission; Resolution 7435PLANNING COMMISSION RESOLUTION NO. 7435
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN
AMENDMENT, NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT
AMENDMENT, MINOR CONDITIONAL USE PERMIT, AND A COASTAL
DEVELOPMENT PERMIT TO DEMOLISH A 10,600-SQUARE-FOOT OFFICE
BUILDING AND CONSTRUCT A 3,932-SQUARE-FOOT CHICK-FIL-A
RESTAURANT ON TWO PROPERTIES (APNS 210-170-08, -09) TOTALING 0.89
ACRES AT 5850 AVENI DA ENCINAS, WITHIN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: CHICK-FIL-A
CASE NO.: AMEND 2019-0004/AMEND 2021-0011/CUP 2021-
0017 /CDP 2019-0007 (DEV2018-0177)
WHEREAS, CHICK-FIL-A, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by PALOMAR AND CO., A GENERAL PARTNERSHIP, "Owner,"
described as
PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 13955, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO, SEPTEMBER 16, 1985 AS INSTRUMENT NO. 85-340585
OF OFFICAL RECOREDS.
("the Property"); and
r
WHEREAS, said verified application constitutes a request for a Site Development Plan
Amendment, Non-Residential Planned Development Permit Amendment and Coastal Development
Permit as shown on Exhibit(s) "A -T" dated December 1, 2021, on file in the Planning Division, AMEND
2019-0004/AMEND 2021-0011/CUP 2021-0017/CDP 2019-0007 (DEV2018-0177) -CHICK-FIL-A as
provided by Chapters 21.06, 21.42, 21.47, 21.201, 21.203 and 21.208 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 1, 2021, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan Amendment, Non-Residential Planned Development Permit Amendment,
Minor Conditional Use Permit, and Coastal Development Permit; and
WHEREAS, the Planning Commission reviewed all aspects comprising the project
described in the December 1, 2021 Planning Commission staff repo rt, and concurrently with the
consideration of Planning Commission Resolution No. 7435, the Planning Commission reviewed and
considered Planning Commission Resolution Nos . 7433 and 7434. The actions contemplated by this
resolution would allow the Developer to implement the project and proceed forward with the physical
development of the property.
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.
B) That the Conditional Use Permit shall expire and become null and void if the Local Coastal
Program is amended to authorize the "restaurant" land use category as a permitted use .
No specific conditions to effectuate the proper development of the property have been
imposed in this resolution that are unique to the Conditional Use Permit request. All the
conditions are reasonable and necessary to mitigate project-related impacts and to carry
out the purpose and requirements of the respective land use and zoning districts for the
best interests of the city.
C) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL OF AMEND 2019-0004/AMEND 2021-0011/CDP 2019-0007
I (DEV2018-0177} -CHICK-FIL-A based on the following findings and subject to the
following conditions:
Findings:
Site Development Plan Amendment, AMEND 2019-0004
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposal to
demolish a 10,600-square-foot office building located at 5850 Avenida Encinas and construct
a, 24-foot-tall, 3,932-square-foot fast-casual restaurant complies with the requirements of
the Commercial Tourist and Qualified Development Overlay zones (C-T-Q) and all other
applicable development regulations. The proposed commercial use is consistent with and
implements the Visitor Commercial (VC} General Plan Land Use designation. Commercial uses
such as the proposed restaurant use are encouraged adjacent to major transportation corridors
PC RESO NO. 7435 -2-
like Interstate 5. The 64-foot-wide front yard setback proposed for the restaurant, as well as the
8-to-10-foot-wide landscaped setback in between the parking lot and Avenida Encinas complies
with the C-T-Q zone and the Site Development Plan SDP 83-11 and the subsequent amendments,
which allowed for a minimum 4-foot-wide landscaped planter between the parking lot and
Avenida Encinas. The project's contemporary architectural design is compatible with the wide
range of architectural styles in the existing commercial center. Proposed architectural features
include three colors of smooth stucco, stone veneer columns for the outdoor dining area and
wainscot around the building, as well as aluminum awnings and a trellis over the dining area.
Curb, gutter, and sidewalk improvements along the project frontage are existing, to the
satisfaction of Land Development Engineering. Pu rsuant to the project plans and as discussed
in the Local Mobility Analysis (Linscott, Law & Greenspan, October 8, 2021), a new traffic signal
will be installed at the existing driveway closest to Chick-fil-A (and In N' Out) off Avenida
Encinas. The proposed traffic signal will facilitate pedestrian and vehicular access into and out
of the commercial center.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the proposed project complies with the development standards, including building and
landscape setbacks, building height and parking. A total of 37 parking spaces are required and
a total of 41 are proposed onsite. In addition, reciprocal parking and access exists for the
commercial center, which is developed with five (5) restaurants. The proposed building is also
located outside of an existing 10-foot-wide Caltrans construction easement along the east
property line. Landscaping, including trees, is proposed along the east property line to soften
the impacts of the structure as viewed from Interstate 5 to the east and north. In addition, the
proposed restaurant use is a permitted use in the C-T zone and is similar to the existing
restaurant uses onsite. As required by the Local Mobility Analysis prepared by Linscott, Law and
Greenspan (October 8, 2021), a traffic signal, as well as two protected pedestrian crossings
across Avenida Encinas are proposed at the main project driveway. The addition of these
project features will improve access into and out of the commercial center in the area of the
proposed Chick-fil-A restaurant.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the 0.89-acre site provides adequate onsite circulation and parking. Further, the
project complies with the landscape and building setbacks. As required pursuant to Condition
No. 35 of Planning Commission Resolution No. 3391 (SDP 83-llD), an enhanced landscape
setback with several 24-inch box trees is proposed along the east property line to soften the
views of the project from Interstate 5. A total of 37 parking stalls are required for the proposed
restaurant use and 41 spaces are provided onsite. Shared parking and access exists throughout
the commercial center and an adequate parking supply remains to serve the remaining
restaurant uses. Including the proposed project, a total of 467 parking spaces are required for
the commercial center and a total of 473 parking spaces will be provided.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the proposed fast-casual restaurant
complies with the building and landscape setbacks outlined in the C-T-Q Zone and SDP 83-11.
PC RESO NO. 7435 -3-
Pursuant to the originally approved site plan for the commercial center, the landscaped
setbacks between Avenida Encinas are as close as four feet to the front (west property line).
The proposed project provides a landscaped setback between the parking lot and the front
property line between eight feet to 10 feet. The building is setback a minimum of 64 feet from
the front/west property line and 10 feet from the east/rear property line. The proposed
building is also located outside of an existing 10-foot-wide Caltrans construction easement
along the east property line. Enhanced landscaping, including a number of 24-inch box trees, is
proposed along the east property line to soften the impacts of the structure as viewed from
Interstate 5 to the east and north.
5. That the street systems serving the proposed development or use is adequate to properly
handle all traffic generated by the proposed use, in that the site is served by Avenida Encinas
via Cannon Road to the north or Palomar Airport Road to the south. Primary access to the
commercial site, will continue to be provided by two of four primary driveways serving the
commercial center and located off Avenida Encinas. Pursuant to the Local Mobility Analysis
prepared by Linscott, Law and Greenspan (October 8, 2021), the proposed project generates
979 ADTs (i.e., net difference between existing office and proposed restaurant use). The
traffic signal at the main project driveway is proposed as a project feature due to the
unacceptable levels of service and unacceptable peak hour delays identified with the
addition of project traffic. A dedicated westbound left-turn lane will be provided at the
main project driveway exiting the site. The proposed traffic signal will also fill a gap in the
pedestrian network by providing two protected pedestrian crossings across Avenida
Encinas. In addition, the project adds in excess of 110 ADT/11 peak hour trips to Palomar
Airport Road from 1-5 to College Boulevard, which has previously been classified as exempt
from Auto LOS standards due to failing street segment Levels of Service. As such, the project
is required by Mobility Element policy 3-P.11 to implement transportation demand
management (TDM) and transportation systems management (TSM) strategies. The project
will prepare a Tier 1 TDM plan as a condition of approval. The proposed traffic signal on
Avenida Encinas will meet the project's TSM requirements.
Non-Residential Planned Development Permit Amendment, AMEND 2021-011
6. 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 and other
governmental agencies in that the proposed Chick-fil-A project will meet the required parking
for the restaurant use onsite (i.e., two merged properties into one lot; 37 stalls required, 41
stalls provided). A reciprocal parking, access and maintenance arrangement exists between
the owner of the parking lot, Palomar and Co., and the owners of the properties developed
with the restaurants (on separate lots which do not front Avenida Encinas). Per the project
conditions of approval, a revised reciprocal parking, access and maintenance agreement is
required to document the changes resulting from the new development and lot line
adjustment and to ensure that adequate parking and access continue to be provided consistent
with the C-T-Q (Commercial Tourist with a Qualified Development Overlay) Zone, the Parking
Ordinance (CMC Chapter 21.44), and the VC (Visitor Commercial) General Plan Land Use
designation.
7. The proposed use at the particular location is necessary and desirable to provide a service or
facility, which will contribute to the general well-being of the neighborhood and the community
PC RESO NO. 7435 -4-
in that the lot line adjustment proposed in conjunction with the Non-Residential Planned
Development Permit Amendment allows for the Chick-fil-A property to have frontage along
Avenida Encinas. The requirement for a reciprocal parking, access, and maintenance
agreement recorded on title will provide the flexibility needed to share additional parking
outside of the subject merged properties, as well as access and maintenance responsibilities
throughout the commercial center, which is developed with five (S) restaurants. The proposed
restaurant use will provide additional dining facilities for the residents, employees in the
vicinity and travelers passing through Carlsbad. The proposed project will also increase the
variety of restaurants in the area; therefore, the proposed restaurant is desirable to the
community.
8. 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 vicinity in that in that the
project meets all applicable city standards and ordinances, including the Airport Land Use
Compatibility Plan (ALUCP) for McClellan-Palomar Airport, and all public facilities and services
exist. Adequate parking, access, and drainage facilities for the project site will be provided
onsite. The project maintains all necessary features approved pursuant to SDP 83-11 to ensure
the development is compatible with the surrounding land uses, including setbacks, parking,
and landscaping. The Nonresidential Planned Development Permit Amendment facilitates the
development of a Chick-fil-A restaurant and will not pose a safety hazard to the occupants of
the surrounding Planned Industrial (P-M) zone or the adjacent restaurant uses to the south,
also located in the C-T-Q zone. Further, the addition of a traffic signal and protected pedestrian
crossings at the southern driveway will improve pedestrian and vehicular access in to and out
of the commercial center.
9. The proposed nonresidential planned development meets all of minimum development standards
of the underlying zone, in that no variances from the development standards have been
requested or are required and the project is consistent with the C-T and Qualified Development
Overlay and Commercial/Visitor-Serving Overlay Zones.
Minor Conditional Use Permit, CUP 2021-0017
10. 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 proposal to demolish a
10,600-square-foot office building and construct a, 24-foot-tall, 3,932-square-foot fast-casual
restaurant complies with the requirements of the current zoning district, Planned Industrial (P-
M) and all other applicable development regulations. The proposed commercial use is
consistent with and implements the current General Plan Land Use designation, Planned
Industrial (Pl). Commercial uses such as the proposed restaurant use are conditionally
permitted and encouraged adjacent to major transportation corridors like Interstate 5. The
project's contemporary architectural design is compatible with the wide range of architectural
styles in the existing commercial center. Proposed architectural features include three colors
of smooth stucco, stone veneer columns for the outdoor dining area and wainscot around the
building, as well as aluminum awnings and a trellis over the dining area. Curb, gutter, and
sidewalk improvements along the project frontage are existing, to the satisfaction of Land
PC RESO NO. 7435 -5-
Development Engineering. Pursuant to the project plans and as discussed in the Local Mobility
Analysis (Linscott, Law & Greenspan, October 8, 2021), a new traffic signal will be installed at
the existing driveway closest to Chick-fil-A (and In N' Out) off Avenida Encinas. The proposed
traffic signal will facilitate pedestrian and vehicular access into and out of the commercial
center.
11. 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 project complies with the
development standards, including building and landscape setbacks, building height and parking.
A total of 37 parking spaces are required and a total of 41 are proposed onsite. In addition,
reciprocal parking and access exists for the commercial center, which is developed with five (S)
restaurants. The proposed building is also located outside of an existing 10-foot-wide Caltrans
construction easement along the east property line. Landscaping, including trees, is proposed
along the east property line to soften the impacts of the structure as viewed from Interstate 5
to the east and north. In addition, the proposed restaurant use is a conditionally permitted use
in the P-M zone and is similar to the existing restaurant uses onsite. As required by the Local
Mobility Analysis prepared by Linscott, Law and Greenspan (October 8, 2021), a traffic signal,
as well as two protected pedestrian crossings across Avenida Encinas are proposed at the main
project driveway. The addition of these project features will improve access into and out of the
commercial center in the area of the proposed Chick-fil-A restaurant.
12. 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 city planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood in
that the 0.89-acre site provides adequate onsite circulation and parking. Further, the project
complies with the landscape and building setbacks. As required pursuant to Condition No. 35 of
Planning Commission Resolution No. 3391 (SOP 83-11D), an enhanced landscape setback with
several 24-inch box trees is proposed along the east property line to soften the views of the
project from Interstate 5. A total of 37 parking stalls are required for the proposed restaurant
use and 41 spaces are provided onsite. Shared parking and access exists throughout the
commercial center and an adequate parking supply remains to serve the remaining restaurant
uses. Including the proposed project, a total of 467 parking spaces are required for the
commercial center and a total of 473 parking spaces will be provided.
13. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the site is served by Avenida Encinas via Cannon Road to
the north or Palomar Airport Road to the south. Primary access to the commercial site, will
continue to be provided by two of four primary driveways serving the commercial center and
located off Avenida Encinas. Pursuant to the Local Mobility Analysis prepared by Linscott, Law
PC RESO NO. 7435 -6-
and Greenspan (October 8, 2021), the proposed project generates 979 ADTs (i.e., net difference
between existing office and proposed restaurant use). The traffic signal at the main project
driveway is proposed as a project feature due to the unacceptable levels of service and
unacceptable peak hour delays identified with the addition of project traffic. A dedicated
westbound left-turn lane will be provided at the main project driveway exiting the site. The
proposed traffic signal will also fill a gap in the pedestrian network by providing two protected
pedestrian crossings across Avenida Encinas. In addition, the project adds in excess of 110
ADT /11 peak hour trips to Palomar Airport Road from 1-5 to College Boulevard, which has
previously been classified as exempt from Auto LOS standards due to failing street segment
Levels of Service. As such, the project is required by Mobility Element policy 3-P.11 to
implement transportation demand management (TDM) and transportation systems
management (TSM) strategies. The project will prepare a Tier 1 TDM plan as a condition of
approval. The proposed traffic signal on Avenida Encinas will meet the project's TSM
requirements.
14. That the proposed project is adequately designed to accommodate the high percentage of visitor,
tourist and shuttle bus/alternative transportation users anticipated given the proposed use and
site location within the overlay zone, in that the site is served by Avenida Encinas via Cannon
Road to the north or Palomar Airport Road to the south. Primary access to the commercial site,
will continue to be provided access by two of four primary driveways serving the commercial
center and located off Avenida Encinas. Pursuant to the Local Mobility Analysis prepared by
Linscott, Law and Greenspan (October 8, 2021), the proposed project generates 979 ADTs (i.e.,
net difference between existing office and proposed restaurant use). The traffic signal at the
main project driveway is proposed as a project feature due to the unacceptable levels of service
and unacceptable peak hour delays identified with the addition of project traffic. A dedicated
westbound left-turn lane will be provided at the main project driveway exiting the site. The
proposed traffic signal will also fill a gap in the pedestrian network by providing two protected
pedestrian crossings across Avenida Encinas. In addition, the project adds in excess of 110
ADT/11 peak hour trips to Palomar Airport Road from 1-5 to College Boulevard, which has
previously been classified as exempt from Auto LOS standards due to failing street segment
Levels of Service. As such, the project is required by Mobility Element policy 3-P.11 to
implement transportation demand management (TDM) and transportation systems
m~nagement (TSM) strategies. The project will prepare a Tier 1 TDM plan as a condition of
approval. The proposed traffic signal on Avenida Encinas will meet the project's TSM
requirements.
15. That the building forms, building colors, and building materials combine to provide an
architectural style of development that will add to the objective of high quality architecture and
building design within the overlay zone, in that the proposed Chick-fil-A project includes
ornamental landscaping around the perimeter of the site as well as within the parking lot. The
project provides a uniform building design which is characteristic to the corporate design for
Chick-fil-A restaurants. The proposed architectural building elements include a stone veneer,
PC RESO NO. 7435 -7-
precast concrete, dark-bronze aluminum shade awnings and a trellis, as well as three
complementary colors of stucco paint. The design of the restaurant is also compatible with the
design of the adjacent In N' Out restaurant to the south. Additionally, two outdoor dining patios
totaling 591 square feet are included adjacent to the restaurant building.
16. That the project complies with all development and design criteria of the overlay zone, in that the
proposed project complies with the development standards, including building setbacks,
building height and parking. A total of 37 parking spaces are required and a total of 41 are
proposed onsite. In addition, reciprocal parking and access exists for the commercial center,
which is developed with five (5) restaurants. The proposed building is also located outside of
an existing 10-foot-wide Caltrans construction easement along the east property line.
Landscaping, including trees, is proposed along the east property line to soften the impacts of
the structure as viewed from Interstate 5 to the east and north. In addition, the proposed
restaurant use is a conditionally permitted use in the P-M zone and is similar to the existing
restaurant uses onsite. As required by the Local Mobility Analysis prepared by Linscott, Law and
Greenspan (October 8, 2021), a traffic signal, as well as two protected pedestrian crossings
across Avenida Encinas are proposed at the main project driveway. The addition of these
project features will improve access into and out of the commercial center in the area of the
proposed Chick-fil-A restaurant.
Coastal Development Permit, CDP 2019-011
17. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program and all applicable policies in that with the approval of the proposed
amendment to the Local Coastal Program (LCPA 2019-0002) land use and Zoning designations
from Planned Industrial (Pl) to Visitor Commercial (VC) and Planned Industrial (P-M) to
Commercial Tourist with a Qualified Development Overlay (C-T-Q), the proposed Chick-fil-A
restaurant will be consistent with the LCP Land Use Plan and the land uses in the commercial
center to the south of the subject site. Furthermore, no agricultural activities, sensitive
resources, geological instability, flood hazard, or coastal access opportunities exist onsite, and
the development does not obstruct views of the coastline as seen from public lands or public
right-of-way or otherwise damage the visual beauty of the coastal zone.
18. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the project
will not interfere with the public's right to physical access to the ocean and the site is not suited
for water-oriented recreation activities.
19. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance} in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion. No undevelopable steep slopes or native vegetation are proposed to be
disturbed on the subject property and the developed site is not located in an area prone to
landslides, or susceptible to accelerated erosion, floods, or liquefaction.
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20. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
General
21. The Planning Commission of the City of Carlsbad does hereby find :
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for GPA 2019-0001/ZC 2019-0001/LCPA
2019-0002/AMEND 2019-0004/AMEND 2021-0011/CUP 2021-0017/CDP 2019-0007
(DEV2018-0177) -CHICK-FIL-A, the environmental impacts therein identified for this
project and said comments thereon, and the Program, on file in the Planning Division,
prior to RECOMMENDING ADOPTION of the project; and
b. the Mitigated Negative Declaration and the and Mitigation Monitoring and Reporting
Program have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines, and the Environmental Protection
Procedures of the City of Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the Initial Study and comments thereon, the Planning Commission, finds that
there is no substantial evidence the project will have a significant effect on the
environment.
22. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010, in that 1) the proposed restaurant is located
outside of the 60 dB CNEL noise contour and thus is not impacted by airport noise; 2) the
proposed building (80 feet AMSL) is well below the Federal Aviation Regulation (FAR) Part 77
obstruction surface of 439 feet AMSL at the project site, and thus notification is not required;
3) the project is located within the Airport Overflight Notification Area, however, recordation
of an overflight notification is not required for nonresidential development pursuant to Policy
3.6.3 c.; and 4) the project site is located outside Safety Zones 1-6, thus, the proposed land use
is considered compatible within the ALUCP. Additionally, the proposed zone change from
Planned Industrial (P-M) with a Commercial/Visitor-Serving Overlay to Commercial Tourist with
Commercial/Visitor-Serving and Qualified Development Overlays (C-T-Q) will allow a maximum
building height of 35 feet (90 feet AMSL) at the property. The maximum height allowed at the
property is well below the Federal Aviation Regulation (FAR) Part 77 obstruction surface of 439
feet AMSL at the project site. Per ALUCP Policy 2.6.l(a)(2), FAA notification and determination
for the project is pending and expected prior to City Council action.
23. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zones 3 and all City public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
PC RESO NO. 7435 -9-
improvements regard ing: sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
b. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
24. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
25. 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.
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building permit or grading plan
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 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
Amendment, Non-Residential Planned Development Permit Amendment, Minor Conditional
Use Permit, and Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan Amendment, Non-Residential Planned
Development Permit Amendment, Minor Conditional Use Permit, and Coastal Development
Permit documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the approved
Exhibits. Any proposed development, different from this approval, shall require an amendment
to this approval.
3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RESO NO. 7435 -10-
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 invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. This approval is granted subject to the approval of the Final Initial Study/Mitigated Negative
Declaration (Final IS/MND, State Clearinghouse No. 2021040447) and is subject to all project
design features and mitigation measures contained therein.
6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, GPA 2019-0001/ZC 2019-0001/LCPA 2019-
0002/ AMEND 2019-0004/AMEND 2021-0011/CUP 2021-0017/CDP 2019-0007 (DEV2018-0177),
which is provided as an attachment to Planning Commission Resolution No. 7433, and
incorporated herein by this reference as though fully set forth herein.
7. 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 Site Development Plan Amendment, Non-Residential
Planned Development Permit Amendment, Minor Conditional Use Permit, and Coastal
Development Permit, (b) city's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the city's approval is not validated.
8. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan or other,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval is granted subject to the approval of GPA 2019-0001/ZC 2019-0001/LCPA 2019-
0002 and is subject to all conditions contained in Planning Commission Resolutions No. 7434 for
those other approvals incorporated herein by reference, unless a separate entitlement
application is submitted to allow the proposed restaurant use under the existing P-M zoning
designation.
11. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
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12. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
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 5.09.030 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 3, pursuant to Chapter 21.90. All
such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
14. Developer shall make a separate formal landscape construction drawing plan check submittal to
the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
16. Prior to the issuance of the building 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 City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a(n) Site
Development Plan Amendment, Non-Residential Planned Development Permit Amendment,
Minor Conditional Use Permit, and Coastal Development Permit by Resolution(s) No. 7435 on
the property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
17. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas . All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
18. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that
this property may be subject to noise impacts from the proposed or existing Transportation
Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise
Form #1 on file in the Planning Division).
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19. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the City Planner.
20. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction of the City Planner.
21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
22. CUP 2021-0017 shall be reviewed by the City Planner 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, at any time, the City
Council, Planning Commission, or City Planner determine that there has been, or may be, a
violation of the findings or conditions of this conditional use permit, or of the Municipal Code
regulations, a public hearing may be held before the City Council to review this permit. At said
hearing, the City Council may add additional conditions, recommend additional enforcement
actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code
and the intent and purposes of the Commercial/Visitor-Serving Overlay Zone, and to provide for
the health, safety, and general welfare of the city.
23. This Conditional Use Permit is granted for a period of 10 years from December 1, 2021 through
December 1, 2031. The Conditional Use Permit shall expire and become null and void if the Local
Coastal Program is amended to authorize the "restaurant" land use category as a permitted use .
. This permit may be 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. This permit may be extended for a reasonable
period of time not to exceed 10 years, unless determined otherwise by the decision-maker per
Carlsbad Municipal Code Section 21.42.110, upon written application of the permittee made no
less than 90 days prior to the expiration date. The City Planner/Planning Commission/City Council
may not grant such extension, unless it finds that there are no substantial negative effects on
surrounding land uses or the public's health and welfare. If a substantial negative effect on
surrounding land uses or the public's health and welfare is found, the extension shall be denied
or granted with conditions, which will eliminate or substantially reduce such effects. There is no
limit to the number of extensions the City Planner/Planning Commission/City Council may grant.
24. Prior to issuance of the building permit, a reciprocal parking, access, and maintenance
agreement (or an equivalent document) shall be recorded, to the satisfaction of the City
Planner.
25. No sign permits are approved in conjunction with GPA 2019-0001/ZC 2019-0001/LCPA 2019-
0002/ AMEND 2019-0004/AMEND 2021-0011/CDP 2019-0007 (DEV2018-0177). An amendment
to the Palomar Place Sign Program will be required to address the removal of the office building
and the addition of the Chick-fil-A restaurant and related signage.
Land Development Engineering:
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General
26. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
27. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
28. The developer shall complete processing of a lot line adjustment between Parcel 1 and 2 as shown
on the Site Plan prior to issuance of a grading permit.
29. 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 private
improvements within this subdivision, including but not limited to private drive aisles,
landscaping, water quality treatment measures, low impact development features, and storm
drain facilities located therein and to distribute the costs of such maintenance in an equitable
manner among the owners of the properties within this subdivision.
30. Any work proposed within Caltrans' right-of-way or easements will require approval by Caltrans
and an encroachment permit will be required for any work within the Caltrans' right-of-way or
easements.
Fees/ Agreements
31. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
32. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
33. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
34. Developer shall implement Transportation Demand Management strategies per the city's
Mobility Element policy 3-P.11. Prior to building permit issuance, the Developer shall submit a
Transportation Demand Management Plan to the satisfaction of the city engineer.
Grading
35. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
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36. 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 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 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 city planner.
Storm Water Quality
37. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
38. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
39. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
40. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
-landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedication/Improvements
41. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
42. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 18.40.060 for public
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improvements shown on the Site Plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
a. Water meter and service line
b. Sewer cleanout and service line
c. Pedestrian ramps
d. Driveway approaches
e. Striping
f. Curb & gutter
g. Sidewalk
h. Turn lane extension
Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedule. Improvements listed above shall be constructed within 36 months of approval
of the subdivision or development improvement agreement or such other time as provided in
said agreement.
43. Developer shall prepare and process improvement plans and, prior to approval, shall execute a
city standard Development Improvement Agreement to install and shall post security in
accordance with C.M.C. Section 18.40.060 for public signal improvements shown on the Site Plan.
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 constructing a new
fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and
cable, at the intersection of Avenida Encinas and the project driveway. 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 development improvement agreement or such
other time as provided in said agreement. Construction hours can occur between the hours of
2:30AM and 9:00AM for a short duration of 1 to 2 weeks with approval from the City's
Construction Management Inspection Division.
44. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the Site Plan and to the
satisfaction of the city engineer. These facilities shall be constructed within the property.
Utilities
45. 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 hydrants, if
proposed, shall be considered public improvements, and shall be served by public water mains to
the satisfaction of the district engineer.
46. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer prior to building occupancy. The locations of said services shall
be reflected on public improvement plans.
Code Reminders
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47. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
48. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
49. 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.
50. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division.
51. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
52. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code .
53. Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
54. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
55. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
56. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
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