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HomeMy WebLinkAbout2010-07-07; Planning Commission; ; GPA 04-03|GPA 09-07|ZC 09-08|SDP 09-05|SUP 09-08|CUP 03-21A |CUP 09-07|CUP 10-05|V 10-01 - PALOMAR COMMONSThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July?, 2010 Application complete date: N/A Project Planner: Van Lynch Project Engineer: Steve Bobbett SUBJECT: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-2UAVCUP 09-07/CUP 10-05/V 10-01 - PALOMAR COMMONS - Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment and a Zone Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6700 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolutions Nos. 6701, 6702, and 6703 RECOMMENDING APPROVAL of General Plan Amendment 04-03, General Plan Amendment 09-07, and Zone Change 09-08 and ADOPT Planning Commission Resolution Nos. 6704, 6705, 6706, 6707, 6708, and 6709 APPROVING Site Development Plan 09-05, Special Use Permit 09-08, Conditional Use Permit Amendment 03-21 (A), Conditional Use Permit 09-07, Conditional Use Permit 10-05, and Variance 10-01 based on the findings and subject to the conditions contained therein. II.INTRODUCTION The project is a request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment land use change from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC) and a Zone Change from Commercial Tourist - Qualified development overlay zone (C-T-Q) and Planned Industrial (P-M) to General Commercial- Qualified development overlay zone (C-2-Q) and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. The project site is the former Olympic Resort and Spa property located on the County of San Diego Airport property. o GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 2 III. PROJECT DESCRIPTION AND BACKGROUND The Palomar Commons project involves the construction and operation of an 185,244-square- foot commercial center on 16.65 acres of land located on the southwest corner of Palomar Airport Road and El Camino Real. The project features a home improvement store (153,974 sq ft), gas station and car wash, bank with drive-through, and four retail shop buildings (31,270 sq ft total). The project includes a Conditional Use Permit for the gas station and car wash, and one for the drive through facility for the bank building. An amendment to the existing Conditional Use Permit for the adjacent County Animal Shelter is also proposed to revise the access way to the shelter. A Variance application has been made for the signs proposed on the home improvement store to increase the letter heights and sign area permitted. The City has been working towards establishing a new General Plan Land Use designation for general commercial uses which do not fit within the two existing commercial land uses which are Local Shopping Center (L) and Regional Commercial (R). There is a need to establish a General Commercial (GC) land use designation to provide for the development of a range of retail, wholesale, office, and service land uses that may not lend themselves to being located within local or regional shopping centers. The local shopping center designation allows shopping centers that include elements of the traditional neighborhood shopping center to provide for the daily needs and convenience of the local residential community. Local shopping centers are typically anchored by a supermarket and are also supported by other smaller retail services and are located in proximity to residential neighborhoods which they serve. The regional commercial land use designation provides for shopping goods, general merchandise, automobile sales, apparel, furniture, and home furnishings in full depth and variety and consists of multiple anchor stores. Regional centers draw customers from outside the city and generate interregional traffic. For this reason, these centers are typically located on sites easily visible as well as accessible from interchange points between highways and freeways. The General Commercial land use designation would allow for commercial uses which do not meet the criteria for Local Shopping Center or are not at a scale or provide enough services to be considered Regional Commercial. General Commercial sites may not be able to accommodate the requirements of the Local Shopping Center (C-L) zone or may not be located in proximity to a residential neighborhood to provide daily goods and services. Local Shopping Center zoning standards are more restrictive with respect to design to ensure compatibility with the residential neighborhoods which typically surround them. The project requires General Plan land use and zone changes. The project proposes a land use change from Travel/Recreation Commercial (TR) and Planned Industrial (PI) to General Commercial (GC). The past use of the site was the Olympic Resort and Spa which has ceased operation and is being demolished. A zone change from Commercial Tourist - Qualified development overlay zone (C-T-Q) and Planned Industrial (P-M) to General Commercial- Qualified development overlay zone (C-2-Q) is also proposed. On the western end of the site is the County of San Diego Animal Shelter which as a part of this application is modifying .87 acres of its Planned Industrial (PI) land use designation and zoning boundary and access driveway to accommodate the commercial project. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 3 Discretionary applications include: a Site Development Plan for the commercial development; two Conditional Use Permits for the gas station and car wash, and bank with drive through; and a Variance to allow for wall signs to exceed the allowed letter height and sign area on the home improvement store. The project site is located on the southwest corner of Palomar Airport Road and El Camino Real and is situated 10 feet below the elevation of El Camino Real. The site varies in height in relation to the grade elevation of Palomar Airport Road. The previous Olympic Resort improvements were five feet lower than the grade of El Camino Real and the remainder of the site followed the grade of Palomar Airport Road which dips down 16 feet across the Olympic Resort site. Because of these site constraints, the site cannot be graded as one pad and achieve the pad areas required to accommodate the proposed commercial development. Therefore the site grading utilizes a split pad design to create two development areas. As Palomar Airport Road falls in elevation going westerly from El Camino Real, the site will be ten feet higher than the roadway, then transition to five feet below the roadway towards the westerly end of the project site. In order to develop the site with commercial buildings, grading is required (25, 166 cy cut/ 187,744 cy fill/162,578 cy import) to create large commercial development pads with shallow sloping areas for parking lots. The site was previously developed with a commercial 80 room hotel, spa, health club, tennis courts, golf driving range and parking lot. Surrounding the site to the north across Palomar Airport Road is the McClellan-Palomar Airport, to the south are existing industrial buildings, to the east is a public utility pumping station and industrial buildings, and to the west is the San Diego County Animal Control facility. Overall, the project will have four driveway entrances, two on Palomar Airport Road and two on El Camino Real. The project will modify the existing eastern most San Diego County Animal Shelter driveway entrance off Palomar Airport Road by moving it 100 feet easterly and forming a new signalized intersection on Palomar Airport Road. The new full intersection will provide access to both the commercial center and the Shelter and will be timed to coordinate with the signal at El Camino Real. The other entrance off Palomar Airport Road is a right in only located between the new signal and El Camino Real. Two right in - right out driveways are provided on El Camino Real with the most southern driveway intended for deliveries. New deceleration lanes for the project entrances along eastbound Palomar Airport Road and southbound El Camino Real will also be provided. The project will close the existing left turn lane onto the project site on northbound El Camino Real. The project will also modify the northbound left turn lane on El Camino Real to Palomar Airport Road to provide dual left turn lanes at the intersection and construct a separate eastbound right turn only lane on Palomar Airport Road at the El Camino Real intersection. The internal driveways allow cross circulation throughout the site and also access to the County Animal Shelter facility. The architectural theme of the commercial center is Spanish/Mediterranean. The home improvement store is a light beige painted concrete tilt up building enhanced with a front entry feature and covered arcade which extends over most of the front (north side) of the building. The store front, arcade, and architectural projections are painted medium beige. The base of the arcade structure, vertical storefront and side architectural elements are tiled with brown terra cotta tile. Both the entry feature and arcade are tiled with s-shaped mission tile roofing. The building also supports a customer loading canopy on the northwestern elevation of the building which also has a tile roof. A garden center is located on the eastern end of the building and is GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 4 partially coved by a shade structure and solid roof structure. The garden area is enclosed by a screening material and pilasters spaced at 25 foot intervals. The other commercial buildings are finished with a smooth stucco coating with a stone and painted plaster wainscot. Roof designs include both flat and pitched roofs in an alternating manner to provide vertical building relief. The hipped and gable pitched roofs have a clay colored barrel tile covering and decorative cement plaster parapet detail. The flat roofed buildings include a decorative cornice trim. The building elevations are enhanced with square or arched glazed window storefronts with decorative surrounds. The building facades also vary in depth from each other by 1 foot to 2 feet to provide a variety of building planes to add interest and depth to the building elevations. Three of the pad buildings (4, 6 and 7) have a larger tiled roof architectural corner feature which projects further from the primary building and provides a taller architectural element to add vertical relief. The earth tone building colors are accented with stone tile, stone veneers, ceramic accent tiles, and accent colored fabric awnings. All buildings are single story with the exception of the bank building (Pad 2) which has two stories. All buildings include adequate roof parapet walls to screen roof top mechanical equipment. The site is landscaped with a Mediterranean landscape character with drought tolerant plantings. An incidental outdoor dining area is provided between two of the retail buildings. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. General Plan Land Use Element - General Commercial Land Use Designation; B. General Commercial Zone (C-2) (Carlsbad Municipal Code Chapter 21.28); C. Qualified Development Overlay Zone, Chapter 21.06 of the Municipal Code; D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); E. El Camino Real Corridor Development Standards; F. Conditional Use Permits, Chapter 21.42 of the Municipal Code; and G. Variance, Chapter 21.50 of the Municipal Code; and H. Local Facilities Management Plan Zone 5; The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan In 2002, the city approved a General Plan Land Use change to combine the "Community Commercial" and "Neighborhood Commercial" into one "Local Shopping Center" land use designation. It was found that the "Community Commercial" land use designations were not being developed to provide community level goods and services. The current policies in the Land Use Element of the General Plan require that all Local Shopping Centers must contain anchor and secondary tenants that provide local daily goods and services. The most common anchor tenant is a grocery store and/or drug store. Secondary tenants may include restaurants, banks, personal grooming services, small retail, gas stations, etc. "Community" serving tenants are also allowed to locate within a local shopping center, in addition to, but not in place of, the GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGES uses required to provide neighborhood goods and services. "Community" serving tenants may include large format retail uses; however, they are not currently permitted as a stand-alone use in place of a local shopping center. A new General Commercial (GC) land use designation would allow for commercial uses such as standalone uses such as home improvement stores not meeting the local or regional definition. The GC land use designation is proposed to be applied exclusively to this project site. Any future General Plan Land Use change of other sites will require a General Plan Amendment and will also need to meet the goals and objectives of the General Plan. In accordance with the new GC designation, a new general plan commercial policy will be added to "Provide a greater mix of commercial services to the community and provide general commercial services in more convenient locations for residents. This may be on discrete stand alone commercial lots which are not part of a local or regional shopping center or meet the size requirement of a local or regional shopping center." In the project area, there have been determined to be adequate local shopping centers to serve the daily goods and services to local residents (Neighborhood and Commercial Land Use Study, October 1996). The surrounding local shopping centers are, Bressi Ranch, La Costa Plaza, and Sunny Creek/Robertson Ranch commercial sites. The proposed general commercial site would provide more general goods and services and would not directly compete with the local shopping centers. The site would be developed with commercial uses not meeting the definition of local or regional commercial. There is not another vacant commercial site which would provide general commercial services in the immediate area. A market analysis (Market Feasibility Study, Palomar Commons Shopping Center, City of Carlsbad, California, Market Pointe Realty Advisors, April 14, 2010) shows that there is a lack of home improvement type services and that residents need to drive outside the city to find these types of services. There is a need for a General Plan Land Use designation to allow for commercial uses which do not fit within the local or regional commercial land use designations. The proposed General Commercial designation would fill a void left by the combining of the Local and Community Commercial designations. The project site is already land use designated Travel/Recreation Commercial for commercial uses catering to the tourist and recreational industry. The existing tourist/recreational use has ceased to operate and is being removed. Other hotels have been built in the immediate area to fulfill any loss from the existing use. The project is centrally located in the City and is not located in proximity to residential land uses and is compatible with the surrounding industrial land uses. The General Commercial land use designation would be applied to this site as well as a small portion of the County Animal Shelter which is currently land use designated Planned Industrial (PI). The project complies with all the applicable elements of the General Plan as illustrated in Table A below: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 /V 10-01 July 7, 2010 PAGE 6 TABLE A - GENERAL PLAN COMPLIANCE ELEMENT Land Use Circulation Noise Public Safety USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM A healthy and diverse economic base, quality commercial development to serve the employment, shopping, and service needs. Require new development to construct roadway improvements needed to serve proposed development. To achieve noise compatibility between commercial and surrounding land uses. Minimize noise and safety hazards within areas around the airport. PROPOSED USES & IMPROVEMENTS A commercial center that provides a home improvement store, gas station, car wash, bank with drive through, and eating and drinking uses to provide tax revenue, jobs, and goods and convenient services in the City. The project will construct/improve public streets needed to serve the development and offsite uses. Project includes noise mitigation measures (i.e. building improvements and notice to owners/tenants) to attenuate noise to an acceptable level. Project is consistent with ALUCP COMPLY Yes Yes Yes Yes B.General Commercial Zone The property is proposed to be rezoned from Tourist-Commercial - Qualified development overlay (C-T-Q) and Planned Industrial (P-M) to General Commercial - Qualified development overlay (C-2-Q). The proposed new GC land use designation would also be compatible with and implemented by the C-2-Q zone. If the site were near residential or other sensitive uses, the neighborhood commercial (C-l) zone, which is more restrictive, would be better suited. The C-2 zone permits retail, wholesale and service businesses catering directly to the consumer and also includes the uses allowed in the C-l zone. The project complies with the following requirements of the General Commercial zone as demonstrated in Table B below. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 7 TABLE B -GENERAL COMMERCIAL ZONE (C-2) REQUIREMENTS STANDARD Building height - 35 feet with architectural to 45 feet Setbacks - Palomar Airport Road = 0 feet. El Camino Real Corridor Standards = 30 feet Parking - Eastern individual retail portion = 1 space/300 sq ft = 513.25 spaces Western Shopping Center retail portion = 1 space/200 sq ft = 156.35 spaces Total required = 670 spaces *w/5% reduction = 637 Compact spaces up to 25% Signs Landscaping PROVIDED 35 foot tall buildings with architectural tower element to 45 feet Palomar Airport Road - 1 5 feet El Camino Real - 132 feet 508 spaces - Home improvement store. 151 spaces - Commercial 659 total spaces (1.6% reduction) 16% Variance requested to exceed sign height, area and overall area for one building Per landscape manual/Streetscape Program COMPLY Yes Yes Yes Yes* - see parking reduction provision below. Yes Project conditioned to submit a comprehensive sign program per the Sign Ordinance. Yes *The applicant is requesting a 5 percent reduction for shared parking between all the uses on the site. The parking ordinance allows up to a 15 percent reduction for shared parking. The 5 percent reduction amounts to 33 fewer parking spaces than required by code. More parking spaces are provided (22) than the 5% reduction in the event of minor project changes during construction/design. All of the parking spaces are available to any user of the center and parking is well distributed to provide adequate parking to each individual tenant. C. Qualified Development Overlay Zone, Chapter 21.06 of the Municipal Code The project's proposed Qualified Development (Q) Overlay zoning designation and location within the Airport Influence Area (AIA) of the McClellan-Palomar Airport requires the processing of a Site Development Plan. Pursuant to the General Plan Land Use Element, projects within the AIA shall process a Site Development Plan or other discretionary action. The processing of a Site Development Plan is pursuant to Chapter 21.06, the Qualified Development Overlay Zone. The Q Overlay provides the City with discretion to apply additional development and design regulations over and above the standards of the C-2 zone to the project to ensure a quality design. Four findings are required for the Q-Overlay Zone. The required findings with justification for each are contained in the Planning Commission Resolution for the project. This section summarizes the necessary findings and support for each. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGES 1. That the requested use is properly related to the site, surroundings, and environmental settings; it is consistent with the various elements and objectives of the General Plan; it will not be detrimental to existing uses or to uses specifically permitted in the. area in which the proposed use is to be located; and it will not adversely impact the site, surroundings, or traffic circulation. The requested use is properly related to the site, surroundings and environmental setting as the project design complies with the requirements of the General Commercial (C-2-Q) zone and all other applicable development regulations as discussed previously in this report, except for the sign variance discussed below in the report. The proposed commercial uses are consistent with and implement the General Commercial land use designation. The increased building setbacks from El Camino Real and Palomar Airport Road and landscaped setbacks provide an appropriate separation between the commercial center and existing and future industrial developments and to ensure the proposed project will not be detrimental to existing uses. Furthermore, the surrounding industrial uses will benefit directly by having a commercial center to serve everyday commercial needs in close proximity. The project's enhanced Spanish/Mediterranean architectural design will be compatible with the diversity of industrial and commercial architectural styles in the area. All required parking has been provided for and the infrastructure needs (full street improvements, curb, gutter, sidewalk, and traffic signals) of the uses were planned for with the construction of existing facility improvements or are conditioned to be installed. 2. That the site for the intended use is adequate in size and shape to accommodate the use. The subject site is adequate in size and shape to accommodate the proposed buildings and the proposed uses comply with the required development and design standards of the General Commercial (C-2-Q) Zone of Carlsbad Municipal Code Title 21 as previously discussed in this report. The proposed project complies with or exceeds the development standards for building setbacks, building height, and parking as proposed within the General Commercial Zone, except for the variance for additional sign height and area for the commercial project. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. The project has been designed in accordance with all development and design standards of the General Commercial and Qualified Development Overlay Zones; therefore, the project is compatible with existing permitted and future uses. The project has been conditioned to include traffic and noise mitigation measures and outdoor lighting restrictions to ensure compatibility with the surrounding industrial and airport uses. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Primary access to the commercial site will be provided from four driveways: two located off of Palomar Airport Road and two off of El Camino Real. Pursuant to the Circulation Analysis of the project, the street system serving the proposed uses will be adequate to handle the 12,370 GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July?, 2010 PAGE 9 Average Daily Trips generated by the proposed project. A new traffic signal is proposed on Palomar Airport Road located 100 feet easterly of the existing entrance to the San Diego County Animal Shelter, which will be abandoned. The surrounding public streets will be modified to close the existing left turn lane onto the project site on northbound El Camino Real, and add new deceleration lanes for project entrances on Palomar Airport Rd and El Camino Real. The project will also modify the northbound left turn lane on El Camino Real to Palomar Airport Road to provide dual left turn lanes at the intersection and construct a separate eastbound right turn only lane on Palomar Airport Road at the El Camino Real intersection. D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The ALUCP was adopted on March 4, 2010 and all projects within its boundary are required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and Overflight. Noise Compatibility The purpose of the noise compatibility policies are to avoid the establishment of new incompatible land uses and exposure of the users to levels of aircraft noise that can disrupt the activities involved. Noise compatibility is evaluated pursuant to the policies and noise contours as set forth in the ALUCP, Section 3.3 Noise Compatibility Policies for McClellan-Palomar Airport. References in this staff report will be made to Table III-l and Exhibit III-2 of that Section which are incorporated herein by reference. Buildings within this project are located within three Noise Exposure Ranges: 60 - 65 dB CNEL, 65 - 70 dB CNEL and 70 - 75 dB CNEL pursuant to Exhibit III-l of the ALUCP. The land use category for this site for purposes of determining noise impacts is "retail sales; eating/drinking establishments; movie theaters; personal services." For the area of the project that is exposed to 60 - 65 dB CNEL, no special noise mitigation is required. For that portion of the site exposed to 65 - 70 dB CNEL and 70 - 75 dB CNEL, interior noise levels must be attenuated to 50dB CNEL. Also, within the area of the project exposed to 70 - 75 dB CNEL, outdoor dining is considered incompatible and is not allowed! Additionally, pursuant to Section 2.11.5 of the ALUCP, an Avigation Easement is required for any project situated on a site lying within a projected 65dB CNEL noise contour. The Avigation Easement is required to be dedicated to the entity that owns the airport. In this case, the owner of the subject site and the airport are the same entity, the County of San Diego. Since the two ownerships are the same, an avigation easement, or equivalent as approved by the County of San Diego, has been made a condition of project approval. Staff has found that this project, as conditioned, complies with all applicable noise policies of the ALUCP. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 /V 10-01 July?, 2010 PAGE 10 Airspace Protection Compatibility The purpose of the Airspace Protection compatibility policies is to ensure that structures and other uses of the land do not cause hazards to aircraft in flight within the Airport vicinity. Hazards to flight include: Physical obstructions to the navigable airspace; wildlife hazards such as bird strikes; and land uses that create visual or electronic interference with aircraft navigation or communication. The airspace protection policies of the ALUCP rely primarily upon regulations enacted by the FAA and the State of California. Basically, the regulations require notification of the FAA of any proposed construction that could interfere with aircraft flight patterns. A component of a project containing any structure or objects that may exceed the height standards defined in the FAA's Part 77, Subpart C, must submit notification of the proposal to the FAA. This project is within the boundaries of the notification area pursuant to Exhibit III-3 of the ALUCP incorporated herein by reference. As such, a condition of approval has been added requiring that an FAA notification and a non-hazard determination be provided prior to the issuance of a building permit. With this condition, staff has determined that this project meets all requirements of the Airspace Protection policies of the ALUCP. Overflight Compatibility The purpose of the Overflight compatibility policies of the ALUCP is to help notify people about the presence of overflights near airports so that they can make an informed decision regarding acquisition or leasing of property, especially residential properties, in the affected area. The Overflight policies are contained in Section 3.6 and the Notification Area is depicted on Exhibit III-4 of the ALUCP. Although this project is within the Airport Overflight Notification Area, it is a non-residential development and the recordation of an overflight notification is not required. Safety Compatibility The purpose of the Safety compatibility policies is to minimize the risks of an off-airport aircraft accident or emergency landing to people and property on the ground close to the airport and to people on board an aircraft. Safety criteria relates primarily to "usage intensity" of people on a site as projected by a particular land use type. "Usage intensity" is defined as the maximum number of people per acre that can be in a given area at any one time. If a proposed use exceeds the maximum intensity, then it is considered inconsistent with the safety compatibility policies of the ALUCP. Six separate safety zones (Zones 1-6) are defined by the ALUCP. Each zone has maximum intensity levels for each zone. Zone 1 is the boundary of the Runway Protection Zone (RPZ) and is the most restrictive of the safety zones. Increased intensity is permitted with each higher safety zone with Zone 6 being the least restrictive. The ALUCP provides three separate methodologies for determining intensity levels of people for a site. The three methods are: Floor Area Ratio, Maximum Building Occupancy and Parking Space Requirements. The local implementing agency is responsible for determining which method of identifying usage-intensity is best suited to their jurisdiction. For this project, staff is GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 /V 10-01 July 7, 2010 PAGE 11 using the Parking Space Requirement as its method of determining usage intensity for this project. This methodology determines the number of people that can be on the site at any given time based on the demand for parking that is created by the land uses proposed on the site. Contained within Section 3.4 of the ALUCP and incorporated herein by reference are Table III- 2, Safety Compatibility Land Use Matrix, and Exhibit III-2, the Safety Compatibility Map. Exhibit III-2 depicts the safety zones for the land surrounding McClellan-Palomar Airport. Table III-2 is a matrix that sorts land uses by specific categories and defines maximum usage for each land use category by safety zone. The site contains four safety zones. Zone 1 is the RPZ and parking is the only use proposed within this zone. The proposed home improvement building is located primarily in Zone 3 with a portion of the building within Zones 2 and 4. The remaining shops on the west side of the property are located within Zones 2 and 3. The proposed uses for this project are defined by Table III-2 as "Community/Neighborhood Shopping Centers < 300,000 square feet." The method for determining usage intensity based on required parking standards are as follows. First, the parking space demand must be determined for the proposed land uses. For this project, the home improvement building has a parking demand of 1 parking space per 300 square feet of gross floor area. The remaining buildings on site have a parking demand of 1 parking space per 200 square feet of gross floor area. Next, a Vehicle Occupancy Ratio (average number of people per vehicle) is determined by using the guidelines provided in Appendix D of the ALUCP. A shopping use category has a projected Vehicle Occupancy range of 1.5 to 1.8 average people per vehicle. The home improvement store uses the lower value (1.5) as the use is less intense and the remainder of the site uses a more conservative (1.7) value. Once the parking demand and the vehicle occupancy ratio are defined, the usage intensity is determined within each safety zone to ensure compliance with the policies of the ALUCP. A measurement of usage intensity is shown in Table C: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July?, 2010 PAGE 12 TABLE C - PROJECT INTENSITY Zones 1 2 3 4 Use Home Imp Shops Home Imp Shops Home Imp Shops Home Imp Shops Gross Building Sq. Ft. 0 0 32,484 14,270 114,678 17,000 6,812 0 Parking Ratio 0 0 0.003 0.005 0.003 0.005 0.003 0.005 Parking Req'd (1) 0 0 108.28 71.35 382.26 85.00 22.71 0 People per Vehicle Ratio (2) 1.5 1.7 1.5 1.7 1.5 2.2 1.5 1.7 Total People Per Use Per zone 0 0 162.42 +121.30= 573.39 +187.00= 34.06 + 0= Total People Per Acre 0 283.72 760.39 34.06 Zone Acreage 4.99 4.24 7.2 0.45 Calculated People Per Acre 0 66.91 105.61 75.69 Allowed People Per Acre 0 70 130 130 1. Required parking is the total parking required by the Zoning Ordinance before any reductions are taken for shared parking. 2. People per Vehicle Ratio is increased in Zone 3 to take into account the likelihood of more dining uses. Based on Required Parking Spaces methodology, this project complies with the safety criteria of usage intensity of the ALUCP. E. El Camino Real Corridor Development Standards The project is located within Area Four of the El Camino Real Corridor Development Standards. Area Four identifies this area as a "planned campus" research, business, and service center area. The original Olympic Resort facility which provided commercial and service type uses was under construction when the plan was adopted. The proposed commercial project will continue the provision of goods and service type uses to the industrial park and community. This segment of the corridor does not provide distant views and the substantial building setback provided (132 feet) will not cause a tunnel effect as if buildings were in proximity to the roadway. The project complies with the requirements of the El Camino Real Corridor Development Standards as demonstrated in Table D below. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 /V 10-01 July 7, 2010 PAGE 13 TABLE D - EL CAMINO REAL CORRIDOR DEVELOPMENT STANDARDS STANDARD Sidewalks Signs -Free standing monument not to exceed five feet in height and 24 square feet in area. Building height - Maximum of 35 feet from pad grade. Grading - No cut or fill exceeding 15 feet from original grade. Setbacks - Minimum 30 feet. Parking 25 foot minimum Roof Equipment shall not be visible PROVIDED Sidewalks along the entire project frontage Free standing monument five feet in height and 24 square feet in area 35 feet from pad grade Grading is within 5 to 1 0 feet of existing grade. Building setback 132 feet. Parking 25 feet. Parapet walls screen mechanical equipment from El Camino Real COMPLY Yes Yes Yes Yes Yes Yes F. Conditional Use Permits, Chapter 21.42 of the Municipal Code As shown in Table E, two drive-through facilities (a gas station and car wash, and drive thru bank) are proposed with this project. Conditional uses, such as bank drive thru teller lanes, gas stations, and car washes possess unique and special characteristics that make it impractical to include them as permitted uses "by right" in any of the various zoning classifications (i.e. commercial, office, industrial). Pursuant to the General Commercial (C-2) Zone, drive-thru businesses (that are not restaurants), gas stations, and car washes are permitted in the zone with the approval of a CUP pursuant to the provisions and findings of Chapter 21.42.030. Staff has reviewed the two drive-thru facilities in the proposed project and concludes that all the necessary findings can be made to approve the CUPs. The required findings and satisfaction of these findings are discussed below in Table F. TABLE E - PROPOSED CONDITIONAL USES CUP NUMBER CUP 09-07 CUP 10-05 TYPE OF PROPOSED USE Gas station/car wash Financial pad - Bank Drive thru UNIQUE FEATURES Carwash integrated into building design Covered drive-thru and landscaped GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 14 TABLE F - CONDITIONAL USE PERMIT FINDINGS FINDINGS PROJECT CONSISTENCY That the requested use is necessary or desirable for the development of the community, and is essentially in harmony with the various elements and objectives of the General Plan, including, if applicable, the certified Local Coastal Program. The requested use is necessary and desirable for the development of the community in that a drive-thru teller, gas station and car wash provide desirable services and are a convenience to the community by providing increased accessibility and are designed to operate safely and efficiently within the commercial center. The projects are consistent with the General Plan Land Use, Circulation, and Public Safety Elements as shown in Table A. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The proposed drive-thru facilities lanes are designed so that they will not impact other commercial uses in the center. The gas station and car wash will not be detrimental to existing uses as discussed in the section below. Each drive-thru provides an adequate vehicle stacking lane as to prevent blocking the commercial centers internal circulation aisles, parking aisles, or parking spaces. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The proposed drive-through facilities comply with all required development standards of the C-2 Zone discussed previously in this report. The gas station and car washes comply with the CUP section of the Zoning Ordinance as discussed below. The proposed design of each drive-thru lane includes a covered decorative building element with planters and landscaping to screen and separate the drive-thru lane from the existing parking lot. The project will generate approximately 12,370 ADT. All uses within the Palomar Commons Shopping Center, including businesses with drive-through facilities, gas station, and car washes, are included in the overall shopping center Site Development Plan approval. The proposed drive through facilities will provide directional arrows/signs in the parking lot to guide drive-up users to the lane and is designed with sufficient vehicular stacking to avoid impacting the internal circulation system. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05 /V 10-01 July?, 2010 PAGE 15 TABLE F - SPECIFIC GAS STATION FINDINGS DEVELOPMENT STANDARD Part of a community shopping center Architecturally compatible with surrounding uses Landscaping: • Six foot planters • Six inch curbs • Flowers , shrubs, and trees • Efficient sprinkler system • Maintenance schedule Six foot masonry wall adjoining residential Shield exterior lighting All display and storage contained within building Trash enclosures Signs in conformance with Sign Ordinance Full public improvements PROVIDED Gas station is within a General Commercial shopping center. Architecture similar to remainder of center. Project provides 10 foot minimum planters with six- inch curbs and flowers, shrubs and trees irrigated with an efficient sprinkler system and maintenance schedule per the Landscape Manual. Not adjacent to residential, no wall required. Project conditioned to provide lighting study showing compliance. Project conditioned to preclude outdoor displays and storage. Project provides and is conditioned to meet Engineering GS-16 trash enclosure standard. Project conditioned to provide a sign program that complies with the sign ordinance. Project conditioned to fully construct required public improvements. COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes TABLE F - SPECIFIC CAR WASH FINDINGS DEVELOPMENT STANDARD Designed to reduce visual impacts of buildings and waiting car's Architecturally integrated buildings PROVIDED Building is located perpendicular to Palomar Airport Road and is behind the gas station convenience store with screening of waiting cars by landscaping. Architecture similar to remainder of center. COMPLIANCE Yes Yes GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July?, 2010 PAGE 16 TABLE F - SPECIFIC CAR WASH FINDINGS CONTINUED DEVELOPMENT STANDARD Noise analysis addressing noise impacts Traffic study Adequate parking and circulation Screening of waiting cars Signs in conformance with Sign Ordinance Adequate means to eliminate oils and grease PROVIDED Noise assessment prepared and no significant noise impacts are identified. Traffic study prepared and impacts addressed via conditions of approval. Parking provided and queue lines are adequate to not impact driveways or circulation. Queue lines screened by landscaping and topography. Project conditioned to provide a sign program that complies with the sign ordinance. Building code requires interceptor (clarifiers) to remove oils and grease. COMPLIANCE Yes Yes Yes Yes Yes Yes The findings and conditions for the approval of the existing San Diego Animal Control Facility, CUP 03-21, are still applicable and adequate for the use. The revision of the CUP is for the documentation of the new and reconfigured driveway entrance. The existing CUP does not have an expiration date and no expiration date is proposed. In the event the project did not move forward, the existing CUP 03-21 would remain in effect as the new CUP amendment (03-21 (A)) would not be effectuated. G. Variance, Chapter 21.50 of the Municipal Code The applicant is requesting a Variance from the Sign Ordinance (C.M.C. 21.41) to allow for an increase in the overall sign area allowance, individual sign area allowance, and maximum sign/letter height on only the home improvement store. Pursuant to Section 21.41.095 of the Carlsbad Municipal Code, commercial free standing buildings are allowed one square foot of wall sign area per lineal foot of building frontage. The building frontage of the home improvement store is 691 lineal feet. This would allocate 691 square feet of wall sign area for the whole building and to be used at the discretion of the developer and pursuant to an approved sign program and sign permits. The ordinance also has a maximum sign area per wall sign of 150 square feet. The maximum letter heights vary based on building size. For a building greater than 50,000 square feet, the maximum letter height is 48 inches (or four feet). Per the sign ordinance, sign area is computed by measuring the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the message used to differentiate the sign from the backdrop or structure against which it placed. The sign for the home improvement store contains a blue GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 17 colored background which is the corporation's logo and is significantly larger than the text of the actual sign. The background is considered an integral part of the sign and is included in the overall sign area calculation. The Variance for the increase in the individual sign area is requested for three of the five signs proposed for the home improvement store with one sign per readily visible building elevation (no sign on back of building). The sign above the main entry to the store is the largest at 616 square feet in overall area. The other two signs are located on each side building elevation and are each 164 square feet in area. The letter height of the main entry sign is seven feet-nine inches (7'9") and the letter height of the side elevations signs is four (4) feet, which is in compliance. The overall sign area being requested is 1051 square feet. The area of just the actual signs (lettering only) proposed is 436 square feet in area, which is 255 square feet below the 691 square foot allowance for the building. Pursuant to Chapter 21.50 of the Carlsbad Municipal Code, Variances may only be granted if all four required findings can be made. Each of the findings and the supporting analysis is described below. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The subject lot is located on the southwest corner of El Camino Real and Palomar Airport Road, and was the site of the former Olympic Resort. The development of the previous use was not subject to current airport regulations. The site is unique given the constraints of a Runway Protection Zone discussed in section D of this report that encumbers the subject property, including much of its Palomar Airport Road frontage. In fact, very few parcels in the city have this airport-based constraint and thus, this property is highly unique in this regard. The effect of the Runway Protection Zone results in an anchor-tenant setback for this use that ranges from 180 to 300 feet from Palomar Airport Road. This required setback from Palomar Airport reduces the visibility of the wall signs to the general public and passing motorists. For a retail commercial use, such as a home improvement store, visible signage from passing motorists is a significant determinant of economic success. Therefore, staff recommends support of the request for the home improvement building to exceed the maximum sign area and maximum letter height standards. The approval of this sign variance for this use will not establish a negative precedent for other properties in the vicinity and under identical zoning classification because the surrounding properties are zoned Planned Industrial: there are no other C-2 zoned properties in the project vicinity with similar airport setback constraints. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding. GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-05/ SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July?, 2010 PAGE 18 As discussed above, no other properties in this vicinity are zoned for commercial uses, nor rely primarily on the general public and particularly passing motorist for business given their Planned Industrial zoning classification. In addition, the other properties are not subject to the significant airport building setbacks required of this project for the home improvement building, therefore inconsistent limitations or signage allowances are not being established. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property. The granting of a variance for increased wall signage for the proposed home improvement use does not authorize a use which is not otherwise expressly permitted by the. zoning regulations or by the project Site Development Plan in that signs are a permitted use in the General Commercial zone. 4. That the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or master plans. The intent of the General Plan with regards to the proposed project is to ensure that commercial architecture emphasizes community identity while preserving visually appealing designs compatible with their surroundings. The increase in height of the sign letters and the increase in size of the wall signs do not compromise the general aesthetic character of the surrounding area since the large building is over 150,000 square feet in area and 691 feet in length, and the signage is proportionate to the building size. The one largest letter height of the main sign (the "L") is 7'9" and the remainder of the main sign letters area 6'8" tall. The height of the building elevation where the sign is located is 35 feet tall. The actual sign lettering proposed (436 sq ft) is 255 sq ft less than the sign area allowed (691 sq ft) and the pairing of the larger logo and letter signs for Lowe's is common and used nationwide. H. Local Facilities Management Plan Zone 5 A Local Facilities Management Plan (LFMP) has been previously prepared and adopted for Zone 5 pursuant to the requirements of the Growth Management Ordinance, Chapter 21.90 of the Municipal Code. The project will be in compliance with the required performance standards by satisfying the general and special conditions listed in the LFMZ plan. The previous Olympic resort site was developed with 33,000 square feet of commercial use. The net increase in commercial space is 152,244 square feet with the redevelopment of this property with the proposed project. All required infrastructure is currently in place or conditioned to be constructed with this project to serve the proposed commercial use consistent with LFMZ 5. The facility demands of the build out of Local Facilities Management Zone 5 were based on a projection of future development within the zone. The project's facilities impacts are summarized in Table G below: GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 19 TABLE G- LFMP ZONE 5 SUMMARY STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools: Carlsbad Unified School District Sewer Water IMPACTS N/A N/A 1 8,607 gpd $.40/sq ft 28.3 cfs 12,370 ADT Station #5 N/A Disturbed site previously dev Elementary: 0 Middle: 0 High: 0 85EDU 18,700 gpd COMPLIANCE W/STANDARDS Yes Yes Yes Yes Yes Yes Yes Yes Yes: School Fees Yes Yes V.ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19 of the Carlsbad Municipal Code), staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to air quality, green house gasses, biological resources, cultural resources, hazards, and transportation and circulation. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. Public comment letters were not received during the 30-day public review period from May 26, 2010 to June 25, 2010. ATTACHMENTS: 1. Planning Commission Resolution No. 6700 (MND) 2. Planning Commission Resolution No. 6701 (GPA) 3. Planning Commission Resolution No. 6702 (GPA) 4. Planning Commission Resolution No. 6703 (ZC) 5. Planning Commission Resolution No. 6704 (SDP) 6. Planning Commission Resolution No. 6705 (SUP) 7. Planning Commission Resolution No. 6706 (CUP) 8. Planning Commission Resolution No. 6707 (CUP) 9. Planning Commission Resolution No. 6708 (CUP) 10. Planning Commission Resolution No. 6709 (V) 11. Location Map 12. Background Data Sheet GPA 04-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-08/CUP 03-21(A)/CUP 09-07/CUP 10- 05/V 10-01 July 7, 2010 PAGE 20 13. Local Facilities Impacts Assessment Form 14. Disclosure Statement 15. Planning Commission Resolution No. 5492 16. Reduced Exhibits 17. Exhibits "A - KK" dated July 7, 2010 SITEMAP NOT TO SCALE Palomar Commons GPA 04-03 / GPA 09-07 / ZC 09-08 / SDP 09-05 / SUP 09-08 / CUP 03-21 (A) / CUP 09-07 / CUP 10-05 / V 10-01 BACKGROUND DATA SHEET CASE NO: GPA 04-03/GPA 09-07/ZC 09-08/SDP Q9-05/ SUP 09-08/CUP 03-21 (A VCUP 09-07/CUP 10-05/V 10-01 CASE NAME: PALOMAR COMMONS APPLICANT: Pacific Sports Resort. Inc/Pacific Athletic Club Carlsbad. Inc. REQUEST AND LOCATION: Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GO, a General Plan Amendment, and a Zone Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.65 acre site with a 185,244 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. LEGAL DESCRIPTION: That portion of Palomar Airport in Lot G of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the county recorder of San Diego County. APN: 213-020-18-00 Acres: 16.65 Proposed No. of Lots/Units: 185.244 sq ft commercial GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial (TR) Proposed Land Use Designation: General Commercial (GC) Density Allowed: N/A Density Proposed: N/A Existing Zone: Tourist Commercial (C-T-Q) and Planned Industrial (PM) Proposed Zone: General Commercial (C-2-0) and Planned Industrial (PM) Surrounding Zoning, General Plan and Land Use: General Plan Site North South East West C-2-Q CG Manufacturing (M) Planned Industrial (P- M) Planned Industrial (P- M) Planned Industrial (P- M) Government (G) Planned Industrial (PI) Planned Industrial (PI) Planned Industrial (PI) Current Land Use Vacant Palomar Airport Industrial Industrial Animal Shelter Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: I I Yes IXI No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: | | Yes [X] No Coastal Development Permit: I I Yes IXI No Local Coastal Program Amendment: I I Yes 1X1 No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A : PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 85 ENVIRONMENTAL IMPACT ASSESSMENT I I Categorical Exemption, Negative Declaration, issued May 25, 2010 I | Certified Environmental Impact Report, dated D Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Palomar Commons - GPA Q4-03/GPA 09-07/ZC 09-08/SDP 09-057 SUP 09-087 CUP 03-2KAVCUP 09-07/CUP 10-05/V 10-01 LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: General Commercial (GO ZONING: General Commercial - Qualified Development Overlay Zone (C-2-0) DEVELOPER'S NAME: Pacific Sports Resort. Inc./Pacific Athletic Club Carlsbad. Inc. ADDRESS: One Lombard Street. San Francisco. CA 94111 PHONE NO.: (720)284-6418 ASSESSOR'S PARCEL NO.: 213-020-18-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 185.244 sq ft commercial ESTIMATED COMPLETION DATE: Spring 2011 18.607 gpd .40/sq ft 28.3 cfs A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = E. Drainage: Demand in CFS = Identify Drainage Basin = F. Circulation: Demand in ADT = G. Fire: Served by Fire Station No. H. Open Space: Acreage Provided = I. Schools: J. Sewer: Demands in EDU Identify Sub Basin = K. Water: Demand in GPD = 12.370 N/A Carlsbad 85 Buena/Vallecitos 18.700 " DISCLOSURE Development Services STATEMENT Planning Department CITYOF P 1fA\ 1635 Faraday Avenue /•* ADI CD AH * (760)602wt610 V-r\l\l_ODr\L/ www.cartsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submitted. Your project cannot be reviewed until this information is completed. Please print. Note; -..-••••.• • . Person is defined as; "Any individual, firm, co-partnership, joint venture, association, social dub, fraternal organuatiohi corporation, estate, trust, receiver, syndicate, in thteand any ether county, city and county,, city municipality, district or other political subdivision or any. other group or combination acting as a unit" Ageirts may sign this, document however, the legal name and entity of the applicant arid property owner must be^prpvlded below; : : 1 . APPLICANT (Not the applicants agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application, rf the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a oublidv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Pacif ic Sports Resort , Inc . / Person Corp/Part Pacific Ath:Letic club carisbaa,inc. Title _ __ Title _ AddreSS AddrBSS One ij°mbarii Street C/0 Western Athletic Club San Francisco, Ca 94111 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) CQrP/Port CountV o£ San Diego, Dept . of Public works, Airports ix poUVc'M ^u-b^iv/ision oC Jf\f\e. ShiVe c?Title Title Address _ Address 196° Joe crosson Drive _ , _ El Cajon, Ca 92020-1236 P-1(A) Page 1 of 2 Revised 04/09 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfiVTrust '. Non ProfitfTrust Title Title_ Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. i information is true and correct to the best of my knowledge. Signature of owner/dafe' Signature of applicant/date * \J County of San Diego, Dept. of Public Works, Airports Pacific Sports Resort,Inc./Pacific Athletic Club Carlsbad,Inc. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 04/09 1 PLANNING COMMISSION RESOLUTION NO. 5492 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO REDEVELOP THE NORTH 4 COUNTY ANIMAL SHELTER ON PROPERTY GENERALLY 5 LOCATED SOUTH OF PALOMAR AIRPORT ROAD, WEST OF EL CAMINO REAL IN LOCAL FACILITIES 6 MANAGEMENT ZONE 5. CASE NAME: NORTH COUNTY ANIMAL SHELTER 7 CASE NO.: CUP 03-21 WHEREAS, the County of San Diego, "Owner/Developer," has filed a verified 9 application with the City of Carlsbad regarding property described as 10 A portion of Lot G of Rancho Agua Hedionda according to 11 Map No. 823, filed in the Office of the County Recorder of San 12 Diego County, State of California on November 16,1896 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" - "J" dated October 15, 2003, on file in the Carlsbad 16 Planning Department, NORTH COUNTY ANIMAL SHELTER - CUP 03-21 provided by 17 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and18 19 WHEREAS, the Planning Commission did, on the 15th day of October 2003, 20 hold a duly noticed public hearing as prescribed by law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering all testimony 22 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 23 relating to the Conditional Use Permit. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the'Commission APPROVES NORTH COUNTY ANIMAL SHELTER- CUP 03-21, based on the following findings and subject to the following conditions: Findings: 2 1. That the requested use is necessary or desirable for the development of the community, is 3 essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the 4.37-acre site currently accommodates the North r County Animal Shelter which has been a part of the community for several years. The proposed modernization of this County facility is consistent with the General 6 Plan and will not adversely impact existing or permitted uses in the area. The project will not adversely impact the operations of Palomar Airport located north 7 from the site across Palomar Airport Road. An animal shelter is beneficial to the community's health, safety and welfare. The proposed project is an expansion and modernization of a facility, which already exists on this site. 9 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 10 that the site has adequate space for the location and operation of the modernization of the Animal Shelter including the proposed 25,548 square foot building, 68 parking spaces and vehicle access and internal movements in compliance with City 12 standards or policies. 13 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be '4 provided and maintained, in that the project complies with all requirements for yards, 15 setbacks, walls, fences and landscaping. 16 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that Palomar Airport Road is a public street that 17 will be able to handle the traffic involved with this project since projected project Average Daily Trips is 268 ADT and acceptable levels of service will be maintained on Palomar Airport Road and its intersection with £1 Camino Real. 19 5. The Planning Commission of the City of Carlsbad does hereby find: 20 a. it had reviewed, analyzed and considered the Negative Declaration and the 21 environmental impacts therein identified for this project and any comments 22 thereon prior to RECOMMENDING APPROVAL of the project; and 23 b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the 24 Environmental Protection Procedures of the City of Carlsbad; and 25 c. it reflects the independent judgment of the Planning Commission of the City of 26 Carlsbad; and 27 d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 28 PCRESONO.5492 -2- 6. The Planning Commission finds that the project, as conditioned herein, is in 2 conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated October 15,2003 including, but not limited to the following: 3 a. Land Use - The project is consistent with the City's General Plan since the site is designated for Planned Industrial uses which also allows for ancillary r and conditional uses to be approved if they are compatible with the existing and future permitted uses in the area. The Animal Shelter has operated at 5 this location for 40+ years and has proven to not adversely impact any of the adjacent uses or properties. 7 b. Circulation - The project has access to El Camino Real via two existing driveways and complies with all applicable standards. The existing westerly access will remain and the easterly access is being realigned approximately 250-feet to the east. The westerly access serves as an entrance into the 10 project while the easterly driveway serves as the exit and a secondary entrance. 11 c. Open Space and Conservation - That the project is consistent with the Open Space and Conservation Element of the General Plan and the impacts to , native vegetation will be mitigated consistent with the City's Habitat Management Plan either via offsite purchase or In-Lieu fee payment. 14 d. Public Safety - Required facilities have been conditioned to be constructed or 15 are shown on the project plans. 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 17 Facilities Management Plan for Zone 5 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or lg provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; and fire related to the project will be installed 19 to serve new development prior to or concurrent with need. Specifically, 20 a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 2 j collected prior to the issuance of building permit. 22 b. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 24 c. The project has been conditioned to pay any increase in public facility fee, or new 25 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared 26 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. 28 PC RESO NO. 5492 -3- 8. This project has been conditioned to comply with any requirement approved as part of the 2 Local Facilities Management Plan for Zone 5. 3 9. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected c noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is acceptably compatible with the airport, in that it is 6 mostly within the 60-65 CNEL contour created by the airport; while some of the site straddles the 65 CNEL, the proposed use also has elements which would be allowed and considered acceptably compatible within the 65-70 CNEL noise contours. o 10. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 9 Code Section 14.28.020 and Landscape Manual Section IB). 10 11. 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. 13 Conditions: 14 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance.15 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 17 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; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No 20 vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit 21 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CUP 03-21 documents, as necessary to make them internally 23 consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development 24 different from this approval, shall require an amendment to this approval. 25 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 27 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 28 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 PC RESO NO. 5492 -4- unless the City Council determines that the project without the condition complies with 2 all requirements of law. 3 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) 6 City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) 7 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 9 all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Site Plan, Preliminary Grading Plan and Preliminary Improvement Plan reflecting 12 the conditions approved by the final decision making body. 13 7. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. This approval is granted subject to the adoption of the Mitigated Negative Declaration 16 and approval of ZC 03-07 and HDP 03-04 and is subject to all conditions contained in Planning Commission Resolutions No. 5490, 5491 and 5493 for those other approvals 17 are incorporated herein by reference. 18 9. This Conditional Use Permit shall be reviewed by the Planning Director annually to 19 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 and welfare. If 20 the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the 22 substantial negative effects. 23 10. Developer shall implement, or cause the implementation of, the North County Animal Shelter's Project Mitigation Monitoring and Reporting Program. 24 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 27 facilities will continue to be available until the time of occupancy. 28 12. Approval is granted for CUP 03-21 as shown on Exhibits "A"-"J", dated October 15, 2003, on file in the Planning Department and incorporated herein by reference. PC RESO NO. 5492 -5- Development shall occur substantially as shown unless otherwise noted in these 2 conditions. 3 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 4 the City's Landscape Manual. Developer shall construct and install all landscaping as c shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 6 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans,o 9 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 10 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 16. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 13 17. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5492 on the 16 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 17 conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 20 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 Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 23 19. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from 24 McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 20. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document 27 with the Planning Director. 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 PC RESO NO. 5492 -6- the Planning Director of an Outdoor Storage-Plan, and thereafter comply with the 2 approved plan. 3 22. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any ^ impacts on adjacent homes or property. Engineering 6 General 7 23. 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 9 for the proposed haul route. 10 24. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 12 Fees/Agreements 13 25. Developer shall cause property owner to execute and submit to the City Engineer for 14 recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 16 26. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross 17 lot drainage as shown on the Site Plan. The deed restriction document shall be in a form acceptable to the City Engineer and shall:18 jo a. Clearly delineate the limits of the drainage course; 20 b. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and 21 c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in 23 damage to the underlying and adjacent properties or the creation of a public nuisance. 24 27. Prior to approval of any grading or building permits for this project, Developer shall ^ cause Owner to give written consent to the City Engineer to the annexation of the area 2g shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an 27 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 28 PC RESO NO. 5492 -7- 1 Grading 2 28. Based upon a review of the proposed grading and the grading quantities shown on the 3 Site Plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. 29. Prior to the issuance of a grading permit or building permit, whichever occurs first, 6 Developer shall submit to the City Engineer proof that a Receipt of Notice of Intent for the start of work from the State Water Resources Control Board. 7 30. This project requires off site construction. No offsite construction shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy 9 to the City Engineer a grading or slope easement or agreement from the owners of the affected properties or notarized letter of permission from the adjacent property 10 owner to the satisfaction of the City Engineer. If Developer is unable to obtain the grading or slope easement, agreement, or letter of permission, no offsite construction will be permitted. In that case, Developer must either apply for and obtain an amendment of this approval or modify the plans so construction will not occur outside the project and apply for and obtain a finding of substantial conformance from both the 13 City Engineer and Planning Director. Dedications/Improvements 31. Additional drainage easements may be required. Developer shall dedicate and provide or 16 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 17 32. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Site Plan and the following improvements including, but not limited to public potable water line, fire hydrants and appurtenances, constructed to City 20 Standards to the satisfaction of the City Engineer. a) Proposed public potable waterline extended off Palomar Airport Road into 22 the easterly project driveway to serve a proposed onsite public fire hydrant, sprinkler and water meter needs. 23 Improvements listed above shall be constructed within 18 months of approval of the 24 subdivision or development improvement agreement or such other time as provided in said agreement. 26 33. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along the project boundary fronting Palomar Airport Road. 27 34. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the PC RESO NO. 5492 -8- "California Storm Water Best Management Practices Handbook" to reduce surface 2 pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. 3 Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 4 a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, 9 herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective 10 containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants , 2 when planning any changes to the landscaping and surface improvements. 13 35. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan 14 (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: 17 a. include all content as established by the California Regional Water Quality Control Board requirements; ,n b. include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; 20 c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said 21 pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special 23 considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 24 36. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region 27 of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from 28 storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: PC RESO.NO. 5492 -9- 1 2 a. identify existing and post-development on-site pollutants-of-concem; b. identify the hydrologic unit this project contributes to and impaired water bodies 3 that could be impacted by this project; c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the c maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special 6 considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; 7 e. ensure long-term maintenance of all post construction BMPs in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent 9 practicable. 10 37. Prior to building permit or grading permit issuance, whichever occurs first Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards 12 due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with 13 required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. 14 ic Water15 ~~ lg 38. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 17 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 18 satisfaction of the District Engineer. 19 39. The Developer shall design and construct public facilities within public right-of-way or 20 within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate 21 maintenance, access and/or joint utility purposes. 22 40. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 23 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 24 41. The Developer shall design landscape and irrigation plans utilizing recycled water as a 25 source. f\£_ 42. The Developer shall install potable water and/or recycled water services and meters at a 27 location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 28 PC RESO NO. 5492 -10- 43. The Developer shall install sewer laterals and clean-outs at a location approved by the 2 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 3 44. The Developer shall design and construct public water, sewer, and recycled water 4 facilities substantially as shown on the Site Plan to the satisfaction of the District c Engineer. Proposed public facilities shall be reflected on public improvement plans. 6 45. 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 7 determined that adequate water and sewer facilities are available at the time of occupancy.o 9 Fire 10 46. The Animal Shelter buildings shall be sprinklered to the satisfaction of the Fire Marshal and shall be shown on building permit plan submittals. 12 47. Final landscape plans shall depict the landscaped median containing a fire hydrant and backflow preventer, located at the entrance of the public parking area, with shrubs and 13 planting that will not exceed 36 inches in height. The landscaping in this median shall also maintain a three-foot separation from the backflow preventer and fire hydrant. 14 Code Reminders 16 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 17 48. Developer shall pay a landscape plan check and inspection fee as required by Section 18 20.08.050 of the Carlsbad Municipal Code. 19 49. Approval of this request shall not excuse compliance with all applicable sections of the 20 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 21 50. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 23 51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 24 Code Section 18.04.320. ^ 52. Any signs proposed for this development shall at a minimum be designed in conformance 26 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 27 53. Developer shall exercise special care during the construction phase of this project to 28 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction PC RESO NO. 5492 -11- of the City Engineer. 2 54. The Average Daily Trips (ADT) contained in the staff report and shown on the Site Plan 3 are for planning purposes only. 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. 5 NOTICE 6 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." 8 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 9 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. 12 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 13 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 15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of October 2003 by the 18 following vote, to wit: 19 AYES: Chairperson Baker, Coiranlssloners Dominguez, Montgomery, 20 Segall, White and Whitton NOES: None 22 ABSENT: Commissioner Heineman 23 ^ ABSTAIN: None 24 25 JlfLEE BAKER, Chairperson AD PLANNING COMMISSION 26 ATTEST: 8 MICHAEL J. Planning Director PCRESONO. 5492 -12-