Loading...
HomeMy WebLinkAbout2022-03-02; Planning Commission; Resolution 7440PLANNING COMMISSION RESOLUTION NO. 7440 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN TO CONSTRUCT AN APPROXIMATELY 11,930-SQUARE-FOOT, ONE-STORY BUILDING TO ACCOMMODATE A CHILD DAYCARE CENTER GENERALLY LOCATED ON THE SOUTH SIDE OF MARRON ROAD AND EAST OF CIENAGA PLACE (APN: 167-040-49-00) WITHIN LOCAL FACILITIES MANAGEMENT ZONE 25. CASE NAME: CHILDREN'S PARADISE CASE NO.: SDP 2020-0005 (DEV2019-0244) WHEREAS, EL SAL TO FALLS, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as LOT 7 OF THE CARLSBAD TRACT CT 11-04, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 10, 2015 AND AMEND PURSUANT TO THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 10, 2019 AS INSTRUMENT NO. 2019-0391633 OF OFFICIAL RECORDS. APN: 167-040-49-00 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) "A" -"FF" dated March 2, 2022, on file in the Planning Division, SOP 2020-0005 - CHILDREN'S PARADISE as provided by Chapter 21.38 21.25, and 21.83 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Site Development Plan application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15332 -In-fill Development Projects. This exception is for the construction of an approximately 11,930- square-foot building. The project is consistent with all applicable General Plan goals and policies as well as applicable zoning regulations and is located on a project site that is less than five acres, surrounded by urban uses. The site is a previously graded site that has no value as habitat for endangered, rare or threatened species. Furthermore, the project will not result in any significant effects relating to traffic, noise, air quality or water quality and the site can be served by all required utilities and public services. In particular, there are no traffic impacts as the Vehicle Miles Traveled (VMT) Analysis prepared by LOS Engineering, Inc, dated October 4, 2021 finds the project is a Local-Serving Public Facilities and is presumed to have a less than significant transportation impact because the characteristic are very similar to local-serving retail that serves the community and either produce very low VMT or divert existing trips from established local facilities such as other daycare uses. The project is conditioned to submit a Tier 1 Traffic Demand Management Plan which will implement strategies to improve traffic such as providing bicycle parking racks and distributing transportation options information to new hires. The project is also conditioned to pay the fee for the installation of one traffic signal controller to meet the Transportation System Management strategies to improve traffic signal coordination and improve transit service. The project will not have a significant effect on the environment and all the requirements of CEQA have been met; and WHEREAS, on January 13, 2022, the city distributed a notice of intended decision to adopt the "In-fill Development Projects" exemption. The notice was circulated for a 10-day period, which began on January 13, 2022 and ended on January 24, 2022. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was January 24, 2022; and WHEREAS, the Planning Commission did, on March 2, 2022, hold a duly noticed public hearing as prescribed by law to consider said request; and PC RESO NO. 7440 -2- 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 and Coastal Development Permit. 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 based on the evidence presented at the public hearing, the Planning Commission APPROVES SDP 2020-0005 -CHILDREN'S PARADISE, based on the following findings and subject to the following conditions: Findings: Site Development Plan, SDP 2020-0005 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 project is consistent with the various elements and objectives of the General Plan as discussed in the findings below and in the project staff report dated March 2, 2022. The various goals and objectives of the General Plan will be implemented as the proposed project is consistent with the General Plan, which allows for child daycare uses within the Community Facilities (CF) Land Use designation. The General Plan encourages the establishment of child daycare centers in convenient locations throughout the community to accommodate the need for child daycare services. The proposed daycare center is located adjacent to existing residential uses which will provide for convenient access to daycare services. Furthermore, the project site is reserved as a community facility site as part of the Quarry Creek Master Plan and was anticipated as a child daycare center or similar community facility use. The Quarry Creek Master Plan was found to comply with all applicable General Plan goals and policies, including land use; therefore, the project is consistent with the General Plan. 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 u.ses 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 Quarry Creek Master Plan designated the project site as a community facility which includes a child daycare center in order to provide services to nearby residents. Therefore, the development of the approximately 11,930-square-foot, single story daycare building is properly related to the site and the surrounding neighborhood. The child daycare center will not be detrimental to the existing development or uses in the area in that the building is in compliance with all applicable zoning standards such as height and parking. In addition, the daycare center is, conditioned to operate entirely within the enclosed building with the exception of the outdoor play areas. The outdoor play areas are fully fenced and located approximately 185 feet PC RESO NO. 7440 -3- from the nearest residential use, which is buffered by the on-site parking lot, Marron Road, a masonry block wall and landscaping. The building and play areas are located outside of the 60- foot fuel medication zone and is designed to comply with Adjacency Standards of the Habitat Management Plan to minimize impacts to the sensitive habitat within the adjacent hardline preserve. Furthermore, the project is conditioned to implement Transportation Demand Management strategies such as providing bicycle parking facilities and Transportation Systems Management strategies which include paying a fee for the installation of one traffic signal controller to minimize traffic circulation impacts. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the Quarry Creek Master Plan requires that a minimum two-acre site be reserved for the development and operation of a community facility use such as the proposed child daycare center, and designated the project site to accommodate the child daycare center. The two-acre site is adequate in size to accommodate the approximately 11,930-square-foot, single story daycare center in that the project meets all applicable development standards such as height, parking, and setbacks from the required 60-foot fuel modification zone. 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 project complies with all development standards of the Quarry Creek Master Plan, applicable Carlsbad Municipal Code standards such as height, parking, fence height, and landscaping. Furthermore, all standards required by the Child Care Ordinance, Chapter 21.83 of the Carlsbad Municipal Code are provided in that the project obtain all licensing required by the state to operate the daycare center; adequate indoor and outdoor play areas are provided; the outdoor play areas are visible from the interior of the building; the building design provides a direct source of natural light; and adequate parking is provided for the use. 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 project is conditioned to install a new driveway approach and restripe the existing median on Marron Road at the new driveway to include a westbound left turn pocket for vehicular access to the site and improve circulation. The traffic generated for the proposed use was previously analyzed in the certified Quarry Creek Master Plan Program Environmental Impact Report (EIR 11-02) and the location of the project site was based on a community facility, which includes a child daycare facility being constructed on the site. The surrounding street system serving the project is adequate to handle the 980 Average Daily Trips (ADT) generated by the project. General 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, and the development standards of the Quarry Creek Master Plan, based on the facts set forth in the staff report dated March 2, 2022 including, but not limited to the following: a. Land Use -The proposed child daycare center will enhance the diversity of compatible land uses within the existing neighborhood because the location of the daycare is conveniently located near multi-family residences. The location of the daycare center allows for nearby PC RESO NO. 7440 -4- residents to have convenient access to community-oriented services. Furthermore, the construction of the building promotes infill development that makes efficient use of the limited land supply, while ensuring compatibility and integration with existing uses as the daycare is consistent with the Community Facilities (CF) General Plan Land Use designation, and provides for a service that is compatible with the surrounding multi-family residences and open space areas. b. Mobility-The project will improve connectivity for residents, visitors and businesses in that the project is conditioned to make public improvements to improve connectivity including the installation of a new driveway approach, restriping the existing median on Marron Road to include a new westbound left-turn pocket, pay a fee for the installation of a traffic signal controller, and repair any existing or caused damage to the decomposed granite walkway path adjacent to the project site. In addition, the proposed on-site parking and bicycle parking will support all modes of transportation. The project is also conditioned to pay traffic impact fees which will require the applicant to pay their fair share toward improvements for all travel modes, consistent with the Mobility Element of the General Plan. c. Open Space and Conservation -The project protects environmentally sensitive lands, wildlife habitats and rare threatened or endangered plant and animal communities in that the project is designed to comply with the Adjacency Standards of the Habitat Management Plan such as fire management, landscaping restrictions, fencing and lighting. The project provides a setback from the required 60-foot fire management zone, installs native and nonnative plant species that will not displace native species, fencing surrounding the project site is proposed which will protect sensitive species, and lighting is located in a manner that will eliminate light spillover into the adjacent hard line preserve area. d. Noise -The proposed project is consistent with the Noise Element of the General Plan in that the building's design, with windows closed, complies with the requirements of the project noise study (Eliar Associates, August 27, 2020) and adequately attenuates the interior noise levels for the new daycare center to 45 dB(a) CNEL or less (i.e., interior average noise level) and exterior noise levels to 65 dB(a) CNEL or less (i.e., exterior average noise level for daycares). As designed, the project will meet all noise standards and is consistent with the Noise Element ofthe General Plan and no noise mitigation measures are required. e. Public Safety-The proposed construction is required to meet all seismic design standards. The Fire Department has reviewed and approved the proposed building design with fire sprinklers included throughout the building per the National Fire Protection Association (NFPA) 13 standards, and the project will maintain a 60-foot brush management zone. Therefore, the proposed project is consistent with the applicable fire safety requirements. The project would be required to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter and/or are transported within storm drainage facilities. The project has been conditioned to pay all applicable public facilities fees for Zone 25. f. Arts, Culture, History and Education -Policy 7-P.32 of the Arts, Culture, History and Education Element of the General Plan encourages a range of childcare facilities, including PC RESO NO. 7440 -5- daycare uses. Therefore, the proposed 11,930-square-foot child daycare center will provide a private daycare program to meet the needs of residents in the community. g. Sustainability-The proposed project complies with the requirements set forth in the city's Climate Action Plan (CAP). The CAP ordinances have requirements related to energy efficiency, photovoltaic and electric vehicle charging systems. The project proposes new electric vehicle charging systems and a photovoltaic system, consistent with the goals and policies of the Sustainability Element of the General Plan. 2. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 25 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. 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. c. The Local Facilities Management fee for Zone 25 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 3. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 4. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 25. 5. 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. 6. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 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. Conditions: PC RESO NO. 7440 -6- NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit or building permit, whichever occurs first. 8. 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. 9. 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. 10. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 11. 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. 12. 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, (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. 13. Approval is granted for Site Development Plan SDP 2020-0005 as shown on Exhibits "A" -"FF," dated March 2, 2022, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 14. 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 Development Plan, 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 PC RESO NO. 7440 -7- found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 15. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 16. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 25 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 17. 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. 18. 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. 19. 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 25, 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. 20. 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 by Resolution(s) No. 7440 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. 21. 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. 22. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. PC RESO NO. 7440 -8- 23. 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 Directors of Community Development and Planning. 24. 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. 25. 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. 26. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 27. All daycare and business operations shall occur within the interior building except for the designated on-site outdoor play areas as shown on Exhibits "A" -"FF," dated March 2, 2022. 28. The hours of operation for the outdoor play areas shall be limited to 7:00 a.m. to 8:00 p.m., Monday through Saturday. 29. The project shall comply with all applicable mitigation measures of the Mitigation Monitoring, and Reporting Program for Environmental Impact Report EIR 11-02 of the Quarry Creek Master Plan. Engineering 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 final map, building permit or grading plan, whichever occurs first. General 30. 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. 31. 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. 32. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans: PC RESO NO. 7440 -9- 33. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 34. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Marron Road as shown on the Site Plan. Fees/ Agreements 35. 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. 36. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 37. 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. 38. Developer shall implement Transportation Demand Management strategies per the city's Mobility Element policy 3-P.11. The Transportation Demand Management (TDM) Plan prepared during discretionary review is preliminary and shall be resubmitted and approved prior to occupancy. Prior to building permit issuance, the Developer shall have a consultation with city staff regarding submittal of the TDM Plan. Prior to occupancy, the Developer shall submit a Tier 1 Transportation Demand Management Plan to the satisfaction of the City Engineer. Grading 39. 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. 40. Concurrent with the grading plans Developer shall include structural plans for any proposed non-standard retaining walls as part of the grading plans to the satisfaction of the city engineer. Structural calculations by a structural engineer shall be required for any non-standard retaining walls and shall be submitted for review and approval by the city engineerrDeveloper shall pay all deposits necessary to cover any third-party review. Storm Water Quality 41. 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 PC RESO NO. 7440 -10- maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 42. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 43. This project is subject to 'Priority Development Project' and 'Trash Capture' 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. 44. 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. Dedications/Improvements 45. 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. 46. Developer shall design all proposed public improvements including but not limited to (sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan. These improvements shall be shown on one of the following, subject to city engineer approval: A. Improvement Plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing These improvements include, but are not limited to: PC RESO NO. 7440 I. Install one new driveway approach; II. Connect to existing water services with new water meters and backflow preventers; Ill. Restripe the existing median on Marron Road at the project driveway to include a new westbound left turn pocket with a minimum of 50 ft. of available storage to the satisfaction of the City Engineer; and -11- IV. Repair any existing or caused damage to the decomposed granite path on the south side of Marron Road along the project frontage. The repair(s) shall be made to the satisfaction of the City Engineer and shall include removing any trip hazards or other existing or caused damage to ensure the decomposed granite path will continue to function as the intended sidewalk alternative. 47. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall execute a city standard Development Improvement Agreement to install said improvements and shall post security in accordance with C.M.C. Section 18.40.060 for development. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 48. 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 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 approval of the city engineer. 49. 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 50. 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 private improvements and shall be served by private water mains to the satisfaction of the district engineer. 51. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 52. The developer shall agree to 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. 53. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 54. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. PC RESO NO. 7440 -12- 55. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Transportation 56. Developer shall implement Transportation Systems Management strategies per the city's Mobility Element Policy 3-P.11. Prior to issuance of a building permit, developer shall pay for a new traffic signal controller for installation within the College Boulevard corridor. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 57 . Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 58. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 59. 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. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition 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. PC RESO NO. 7440 -13- 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 March 2, 2022, by the following vote, to wit: AYES: Commissioners Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: Commissioners Lafferty and Luna ABSTAIN: INE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7440 -14-