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HomeMy WebLinkAboutSDP 2020-0006; 5980 EAGLE DRIVE; Admin Decision Letter.. July 1, 2021 Beau Brand FILE Ccityof Carlsbad Greystar Development West, LLC Suite 172 444 S. Cedros Avenue Solana Beach, CA 92075 SUBJECT: Dear Mr. Brand, SDP 2020-0006/CUP 2020-0011 {DEV2020-0291} -5980 EAGLE DRIVE -Request for approval of a Minor Site Development Plan and Minor Conditional Use Permit SDP 2020- 0006/CUP 2020-0011 for the development and operation of a parking lot, containing 308 parking spaces (269 standard, 16 EV stalls, six ADA, two ADA van stalls, 15 EV capable stalls), providing perimeter landscaping, lighting and improved access entrance on a 5.94- acre, previously-graded site identified as Lot 1 (APN 221-015-08-00) located at 5980 Eagle Drive, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 18. The City Planner has completed its review of your application for a Minor Site Development Plan SDP 2020-0006 and Minor Conditional Use Permit CUP 2020-0011 located at the northeast corner of Eagle Drive and Grey Hawk Court. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. Staff received public comments by one individual within the ten-day noticing period that ended on May 28, 2021. Staff addressed the comments by an administrative hearing held on June 15, 2021 and a response to comments letter that is attached. After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuantto Sections 21.06.070 and 21.42.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: Minor Site Development Plan SDP 2020-0006 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the project consists of the development of a parking lot, containing 308 parking spaces (269 standard, 16 EV stalls, six ADA, two ADA van stalls, 15 EV capable stalls,) providing perimeter landscaping, lighting and an improved access entrance on a 5.94-acre, previously-graded site identified as Lot 7 of the Palomar Forum Tract Map no. 99-06. No development of any building is associated with this project. The proposed use will be a parking facility for nearby product distribution centers; approximately half of the parking spaces are for employees and their personal vehicles and the remainder are for distribution fleet vehicles. No vehicle repairs will occur on site. The parking facility is for employee vehicle parking during the day and fleet vehicle overnight and, therefore, is consistent with the Planned Industrial (Pl) General Plan Land Use designation and Is a conditionally permitted use within the Planned Industrial (P-M) zoning designation for the site. All roadways and improvements necessary to serve the development exist, requiring no additional off-site improvements. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov SDP 2020-0006/CUP 2020-0011 (DEV2020-0291)-5980 EAGLE DRIVE July 1, 2021 c·;3 ~ ! """'j• .. Page 2 :.cc ;l ~ ~ .,,,._ ~J ...,,._, ~} ; 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that the parking facility containing 308 parking spaces has been designed to comply with all applic.ible development standards required in the Planned Industrial (P-M) zone, as well as mitigation measures contained in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program adopted by City Council on December 4, 2001. The project will not adversely impact the site, or traffic circulation in that the existing surrounding streets, which are fully improved, and have capacity to accommodate the 924 Average Daily Trips {ADTs) generated by the project through implementation of a Transportation Demand Management Plan. In addition, the onsite traffic circulation complies with Fire Department and Land Development Engineering requirements. Lastly, the onsite fleet and passenger vehicles shall be effectively screened by Its existing topography and perimeter landscaping, which will mitigate daytime views of parked vehicles. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the 5.94-acre site is adequate in size to accommodate 308 parking stalls that contains no development of a structure. The location and shape of the site is adequate to accommodate the use that will provide proper circulation of fleet and personal vehicles on and off-site. Furthermore, the use complies with the development standards of the Planned Industrial (P-M) zone (Chapter 21.34 of the Carlsbad Municipal Code), and satisfies the policy requirements of the General Plan's Mobility Element, and the applicable traffic studies and programs. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that the proposed parking facility containing 308 parking spaces, with no associated development of a building, and with perimeter landscape, drainage facilities and other ancillary improvements fit within the developable area. All applicable requirements of the Planned lndustri-11 {P-M) zoning district have been met, as conditioned. Adequate vehicle circulatlon is provided to accommodate safe vehicle turning movements and emergency vehicle access. Access to the site will be provided via a driveway located off Eagle Drive. A pedestrian connection via sidewalk to the site will be provided off Eagle Drive and Grey Hawk Court. Lastly, the on-site fleet and personal vehicles will be effectively screened by the existing topography of the site and proposed landscaping. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that proposed conditional use within an Industrial area satisfies the development standards of the Planned Industrial zone. In addition, the project conforms with the City's General Plan Mobility Element, and the Transportation Impact Analysis {TIA) Guidelines by implementing a Tier 3 Transportation Demand Management program and Traffic Signal Management strategies. The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 924 average daily trips generated by the project. 6. That the City Planner finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan and zoning, in that the proposed parking facility use, as conditioned, is consistent with the Planned Industrial (Pl) General Plan Land Use and Planned industrial {P-M) Zoning designations for the site; all roadways and Improvements necessary to serve the development exist, and no additional Improvements are required. ·• : SDP 2020-0006/CUP 2020-0011 (DEV2020-0291)-5980 EAGLE DRIVE July 1, 2021 Pa e 3 Conditional Use Permit CUP 2020-0011 7. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that the project consists of the development of a parking lot, containing 308 parking spaces, 269 standard, 16 EV stalls, six ADA, two ADA van stalls, and 15 EV capable stalls,) on a previously-graded 5.94-acre site identified as Lot 7 of the Carlsbad Tract Map no. CT 99-06. No development of any structure is associated with this project. The proposed use will be a parking facility for nearby distribution centers, approximately · half of the parking spaces are intended for private vehicles of the employee's and the remainder for the fleet vehicles. The use is necessary and desirable for the community because it will 'provide an efficient means of service and support to local businesses and residential areas dependent on the services provided by the use. The vehicle parking facility is a conditionally permitted use in the Planned Industrial (Pl) General Plan Land Use designation and the Planned Industrial (P-M) zoning designation for the site. 8. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the site identified as Lot 7 of the Carlsbad Tract Map no. CT 99-06 implements the development standards of the Planned Industrial (P-M) zone that allows parking facility's as a conditional use. The proposed parking facility is comparable to other types and intensity of uses allowed in the P-M zone. The use is subject to and will be required to comply with the performance standards Carlsbad Municipal Code Sections 21.34.090 and 21.42.140(8)(18) which address noise, odors, vibration, glare, air quality and outdoor storage. 9. That the site· for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner in order to integrate the use with other uses in the neighborhood in that the site design proposes on-site and perimeter landscaping and on-site stormwater drainage and requires no additional amenities. The project design will screen the site from Eagle Drive through perimeter landscaping. Lastly, all applicable requirements of the Planned Industrial (P-M) zoning district have been met, as conditioned. Adequate vehicle circulation has been provided .to accommodate safe vehicle turning movements and emergency vehicle access. Access to the site will be provided via a driveway located on Eagle Drive and Grey Hawk Court. A pedestrian connection is provided to the existing sidewalk on Eagle Drive and Grey Hawk Court. 10. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the project conforms to the City's General Plan Mobility Element, and the Transportation Impact Analysis (TIA) Guidelines by implementing a Tier 3 Transportation Demand Management program and Traffic Signal Management strategies. The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 924 average daily trips generated by the project. General 11. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 18 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. SDP 2020-0006/CUP 2020-0011 (DEV2020-0291) -5980 EAGLE DRIVE July 1, 2021 Pa e 4 Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of grading permit. c. The Local Facilities Management fee for Zone 18 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of grading permit. d. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 18. 12. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 13. That the request for a Minor Site Development Plan and Minor Conditional Use Permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 14. The City Planner has determined that: a. The project is a project for which a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were previously adopted [CEQA Guidelines Section 15162] (City Council Resolution No. 2001-352, dated December 4, 2001); and b. This project is consistent with the project cited above; and c. The Mitigated Negative Declaration and Mitigation Monitor and Reporting Program was adopted by the City Council on December 4, 2001 in connection with the prior project or plan; and d. The project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and e. None of the circumstances requiring further environmental compliance under CEQA Guidelines Sections 15162 or 15163 exist; and f. The City Planner finds that all feasible mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 15. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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. ----·•··. ·--------------·-···--•·----·•·--···------ : SDP 2020-0006/CUP 2020-0011 {DEV2020-0291) -5980 EAGLE DRIVE July 1, 2021 Pa e 5 Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit. 1. Approval is granted for SOP 2020-0006/CUP 2020-0011 as shown on Exhibits "A" -''T" dated May 28, 2021 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Minor Site Development Plan and Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan and Minor Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall implement, or cause the implementation of, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program approved by City Council Resolution No. 2001-352, dated December 4, 2001 and the performance standards of Carlsbad Municipal Code Sections 21.34.090 and 21.42.140{8){18). 7. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All outdoor lighting shall be designed to reflect downward and avoid any impacts on adjacent property. Energy efficient parking lot lights shall be required. When warranted, the lights should be used in conjunction with cut-off shields {fully shielded/full cutoff lighting). Such shields shall eliminate the horizontal and upward projection of light and direct the light downward, eliminating excess illumination. 8. 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 Minor Site Development Plan and Minor Conditional Use Permit, {b) City's approval or SDP 2020-0006/CUP 2020-0011 (DEV2020-0291) -5980 EAGLE DRIVE July 1, 2021 Pa e 6 issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 18. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 13. 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan and Minor Conditional Use Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 14. Prior to issuance of a grading permit, Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans, subject to necessary corrections noted on the Preliminary Landscape Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 15. The first submittal of Final Landscape and irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 16. No outdoor storage of materials shall occuronsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. .. - SDP 2020-0006/CUP 2020-0011 (DEV2020-0291) -5980 EAGLE DRIVE July 1, 2021 Pa e 7 17. This approval shall become null and void if grading permits are not issued for this project within 24 months from the date of project approval. 18. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Site Plan), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision- making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and Project Engineer. If no changes were required by these conditions, the approved exhibits shall fulfill this condition. 19. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 20. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 21. This approval for Minor Site Development Plan and Minor Conditional Use Permit SDP 2020- 0006/CUP 2020-0011 is granted for a period of ten (10) years from July 1, 2021 through July 1, 2031. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period oftime not to exceed ten {10) years, unless determined otherwise by the decision-maker per Carlsbad Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Planner may grant. 22. No auto repair, servicing, vehicle washing or other activity not strictly consistent with a parking facility and consistent with the general plan and zoning as determined by the City Planner is allowed on-site. Engineering: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit. General 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 for the proposed haul route. Fees/ Agreements 24. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 25. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 26. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. ----.. --. -----··- SDP 2020-0006/CUP 2020-0011 {DEV2020-0291)-5980 EAGLE DRIVE July 1, 2021 Pa e 8 27. Developer shall implement Transportation Demand Management strategies per the city's Mobility Element policy 3-P.11 and Carlsbad Municipal Code section 18.51. The Transportation Demand Management {TOM) Plan prepared during discretionary review is preliminary and shall be finalized and approved prior to finalizing the grading permit. Prior to grading permit issuance, the Developer shall submit a Tier 3 Transportation Demand Management Plan for review and approval to the satisfaction of the city engineer. 28. Prior to finalizing of the grading permit, the developer shall install transportation demand management infrastructure measures, in accordance with the projects Transportation Demand Management Plan, as shown on the site plan, including but not limited to the following, to the satisfaction of the City Engineer: a. 4 bike storage boxes with spaCf: for 4 future bike storage boxes b. 1 bike repair kit c. 1 transit shelter d. 16 car/vanpool preferential parking e. 1 passenger loading zone 29. Developer shall implement Transportation System Management strategies per the city's Mobility Element policy 3-P.11. Prior to issuance of a grading permit, developer shall pay for the installation of one traffic signal controller. Grading 30. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Storm Water Quality 31. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 32. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan {TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction -of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 33. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan {SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule . . -·-·------"· --------------------•----·---·--··-··---·------- SDP 2020-0006/CUP 2020-0011 (DEV2020-0291)-5980 EAGLE DRIVE July 1, 2021 Pa e 9 34. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 35. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 36. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right- of-way permit to the satisfaction of the city engineer. 37. Developer shall design all proposed public improvements including but not limited to driveways, pedestrian ramps, striping, eastbound transit stop at Palomar Airport Road and Eagle Drive intersection improvements including a concrete pad, bench, and trash can, and westbound transit stop at Palomar Airport Road and Eagle Drive intersection Improvements including a bench and trash can as shown on the site plan and local mobility analysis. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall execute a city standard Development Improvement Agreement to install said improvements and shall post security in accordance with C.M.C. Section 18.40.060. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Code Reminders: 38. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of grading permit issuance, except as otherwise specifically provided herein. 39. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 40. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 41. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 42. Premise identification (addresses) shall be provided c.onsistent with Carlsbad Municipal Code Section 17.04.060. SDP 2020-0006/CUP 2020-0011 (DEV2020-0291) -5980 EAGLE DRIVE July 1, 2021 Pa e 10 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Paul Dan at paul.dan@carlsbadca.gov Sincerely, ~?i DON NEU City Planner DN:PD:cf Attachments: LDE Response Letter to Public Comment c: Kyrenne Chua, Project Engineer Don Neu, City Planner Data Entry Steve Linke via email splinke@gmail.com "'"' -•------- ("cuyof Carlsbad Memorandum June 28, 2021 To: Paul Dan, Project Planner FILE From: Jennifer Horodyski, Associate Engineer Via: Jason Geldert, Engineering Manager Re: SDP 2020-0006 5980 EAGLE DRIVE PARKING LOT RESPONSE TO COMMENTS RECEIVED JUNE 14, 2021 Land Development Engineering staff has completed a review of the comments submitted by Steve Linke on June 14, 2021 regarding the proposed project. Responses to the questions and comments are provided below: Questions 1 through 5 are not specific to the project. Question 6: How are the two transit stops on Palomar Airport Road going to be improved to achieve the required level of service under the LMA (currently LOS "F" according to the documentation)? Per Section 6.6 of the Local Mobility Analysis prepared for the project, the project is required to improve the eastbound and westbound transit stops at the intersection of Palomar Airport Road and Eagle Drive. The project will install a concrete pad, a bench, and a trash can on the south side of the street for the eastbound bus stop, and it will install a bench and a trash can on the existing pad on the north side of the street for the westbound bus stop. The improvements bring the transit stops to an acceptable level of service. Question 7: Traffic will be added to portions of Melrose Drive and/or Palomar Airport Road that have been exempted from the GMP LOS standard due to over-congestion. How will this vehicle traffic be mitigated under the LMA? Based on the project's trip generation ancl assignment, it adds traffic to a section of Palomar Airport Road that has been exempted from vehicular level of service standards and is required to comply with Mobility Element Policy 3-P.ll. The project will implement transportation demand management (TDM) and transportation systems management strategies by preparing a Tier 3 TDM plan and paying for the installation of a traffic signal controller. Question 8: The on-site Transit Shelter is being counted twice-as both a "Transit Shelter" and an "Innovation." Presumably, there will be no actual bus service to this shelter, so it should only ~ Community Development V 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov be counted once for o single point. How can.this dbub/e counting of a single measure be , . justified? , Unlike traditional transit shelters constructed in the right-of-way for users of public transit, the transit shelter provided by the project will be constructed on private property and is considered innovative as it will serve to support several of the project's TDM measures, rather than just being utilized by traditional bus services, It is designed to be a stop for the Carlsbad Connector or similar on-demand shuttle. Typically these shuttles do not have improved stops that offer shelter from the elements. Additionally, the stop will serve as a waiting space for ride-hailing services, carpools, and van pools. A display kiosk with project-specific transportation demand management information will be provided within the transit shelter. These uses go above and beyond those associated with a typical transit shelter. Ride-matching services will be supported by providing a comfortable and easily accessible place for employees to wait and to meet. Additionally, the TDM plan will be subject to the monitoring and reporting required by the TDM Ordinance. As stated in Section IV ofthe TDM plan, should the mode share goals not be achieved, the transportation coordinator agrees to work with the citywide program to identify and implement additional measures for the site. Question 9: How is the maximum 5 points for "TOM in Leases and Purchase Agreements" justified, particularly given that it is a parking Jot? The parking lot will be leased for storage of Amazon delivery vans and associated delivery driver parking. The delivery vans are operated by third party contracted drivers who are not directly associated with the owner of the parking lot and are not Amazon employees. Therefore, TDM in Leases and Purchase Agreements is a critical TDM measure for ensuring that implementation of the TDM measures and requirements associated with the project are transferred to the holder of the lease and to the third-party vendor employees using the site. The project earns five points for this measure, which is within the point range identified in the TDM Handbook. Question 10: The TOM Handbook says that the lease language should be included in the TOM plan. Where is this specific language? Plan guidance in the TDM Handbook states that the "TDM in Leases and Purchase Agreements" measure should provide language that will be included in the lease that will allow for TDM supporting roles. It does not state that the lease's specific language must be included in the TDM plan. The leases and purchase agreements measure in the project's TDM plan appropriately describes that the lease agreement will bind the User (Amazon) to provide ongoing TDM services as outlined in the approved TDM plan. Additionally, it states that the User's contract with third party vendors will include a disclosure statement that the vendors will be required to use commercially reasonable efforts to follow TDM measures, as well as a copy of the approved TDM plan. ···--•" ----------------