HomeMy WebLinkAbout2025-02-05; Planning Commission; Resolution 7535A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN,
SDP 2023-0022 AND COASTAL DEVELOPMENT PERMIT, CDP 2023-
0034, TO CONSTRUCT A 62,600-SQUARE-FOOT, THREE-STORY, 42-
FOOT-TALL, MEDICAL OFFICE BUILDING WITH A 52-FOOT-TALL GLASS
TOWER, A SURFACE PARKING LOT WITH 316 SPACES AND INTERIOR
AND EXTERIOR EMPLOYEE EATING AREAS ON A 6.07-ACRE PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD
AND AVIARA PARKWAY, IN THE SOUTHWEST QUADRANT OF THE CITY,
THE OFFICE (O) AND OPEN SPACE (OS) ZONE, THE MELLO II SEGMENT
OF THE LOCAL COSTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: PALOMAR AND AVIARA OFFICE PROJECT
CASE NO.: SDP 2023-0022/CDP 2023-0034
WHEREAS, James McCann, “Developer,” and “Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
A PORTION OF PARCEL "C" AND ALL OF PARCEL "D" OF PARCEL MAP
NO. 2993 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326, O.R., AND
A PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 15, 1990 AS FILE NO. 90-085876 O.R., ALL BEING IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan and Coastal Development Permit as shown on Exhibit(s) “A” – “W” dated Feb. 5, 2025, on
file in the Planning Division, SDP 2023-0022/CDP 2023-0034 (DEV2022-0094) – PALOMAR AND
AVIARA OFFICE PROJECT as provided by Chapter 21.06 and Chapter 21.201 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on Feb. 5, 2025, hold a duly noticed
public hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7535
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan and Coastal Development Permit.
WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, State Clearinghouse No. 2004121003 (Planning Case Nos. GPA 04-20/ZC
04-15/LCPA 06-05/CDP 03-03/SDP 03-01), was prepared and the City Council certified it on Sept.
18, 2007, for the Kelly/JRM Office Project; and
WHEREAS, Pursuant to the California Environmental Quality Act, (CEQA, Public
Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA
Guidelines), Sections 15162 through 15168 set forth the criteria for determining the appropriate
additional environmental documentation, if any, to be completed when there is a previously
certified negative declaration (ND) or mitigated negative declaration (MND) covering the project
for which a subsequent discretionary action is required; and
WHEREAS, there is no "new information of substantial importance" pursuant to
CEQA Guidelines Section 15162 through 15168 and the potential ·environmental effects of the
project were adequately analyzed by the previously-certified MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM for the KELLY/JRM
OFFICE PROJECT GPA 04-20/ZC 04-15/LCPA 06-05/CDP 03-03/SDP 03-01 (City Council
Resolution No. 2007-199). Therefore, the previously certified MND is adequate without
modification and no additional environmental review is required; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
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A)That the foregoing recitations are true and correct.
B)That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SDP 2023-0022/CDP 2023-0034 (DEV2022-0094) –
PALOMAR AND AVIARA OFFICE PROJECT, based on the following findings and
subject to the following conditions:
Findings:
Site Development Plan (SDP2023-0022)
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 a 62,600-square-foot, three story, 42-foot-tall, medical office
with a 316-spaces surface parking lot and interior and exterior employee eating areas
on a lot located at the southeast corner of Palomar Airport Road and Aviara Parkway.
All improvements are proposed within the northern 118,396-square-foot portion of the
property subject to the General Plan Land Use designation of O, Office and within the
Office (O) Zone. The O land use designator allows for a wide range of general office,
medical, and other professional uses as well as ancillary uses with a maximum
permitted floor area ratio (FAR) of 0.6. The 62,600-square-foot building is below the
118,396-square-foot maximum square footage allowed with a 0.32 FAR. The remaining
south portion of the lot which contains the Encinas Creek, is included within the Laurel
Tree Lane Preserve, and is protected by a conservation easement. The preserve area
has a General Plan Land Use Designation of OS, Open Space and is within the Open
Space (OS) Zone, which allows for natural resource areas, areas for production of
resources and recreation and aesthetic area. No development is proposed within the
OS portion of the lot which contains riparian habitat and acts as a habitat buffer
between the project site and the Encinas Creek to the south. The project is consistent
with all remaining development and design standards applicable to the property as
contained in Chapters 21.27 Office Zone of the Carlsbad Municipal Code.
2.That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed
development or use is to be located, and will not adversely impact the site, surroundings
or traffic circulation, in that the proposed 62,600-square-foot, three story, 42-foot-tall,
medical office with a 316-spaces surface parking lot and interior and exterior employee
eating areas is located on a portion of a 6.07-acre site zoned O. The project will not be
detrimental to existing uses or to uses specifically permitted in the area in which the
use is located in that medical office uses are permitted by right in the O Zone. The
property is surrounded on two sides by commercial uses, including a commercial golf
course to the north, a gym to the east and office uses to the west. The existing open
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space preserve located on the southern portion of the property provides a buffer
between the proposed medical office and the Encinas Creek. This area also acts as a
buffer between the proposed medical office and the existing multi-family residential
apartment building to the south. A Transportation Impact Analysis (TIA) for the
proposed Project was conducted and found that the medical office will generate 3,130
average daily trips (ADT). The project trips were distributed to the local roadway
network to evaluate the potential for traffic impacts. The TIA also took into account
near-term traffic associated with approved and pending projects that will add traffic to
the local study area by the time of project occupancy. One additional signal
modification was also assumed since one of the near-term projects was conditioned to
install the northbound right-turn overlap phase at Palomar Airport Road/Aviara
Parkway. Based on the analyses conducted in the TIA, the proposed medical office
would not result in a significant impact to the roadway network in the project area,
including the Palomar Airport/College Boulevard/Aviara Parkway intersection adjacent
to the site.
3.That the site for the intended development or use is adequate in size and shape to
accommodate the use, in that the proposed 62,600-square-foot, three story, 42-foot-
tall, medical office building with a 316-spaces surface parking lot and interior and
exterior employee eating areas is located on a portion of a 6.07-acre site zoned O. All
applicable code requirements have been met including parking and building coverage
standards. The project’s proposed increase in building height from 35 feet to 42 feet
with an addition 3-feet for a parapet is permitted pursuant to CMC 21.27.050(A)(3) as
all required setbacks have been increased at a ratio of one horizontal foot for every one
foot of vertical construction beyond 35 feet for a total setback increase of 7 feet on each
side. The additional 3-foot parapet is a permitted height protrusion pursuant to CMC
21.27.050 as it does not exceed an overall height of 45-feet. The proposed 52-foot-tall
architectural tower is a permitted protruding architectural feature as the extra height
does not function to provide usable floor area, does not accommodate and/or screen
building equipment, does not adversely impact adjacent properties due to the distance
of the structure from property lines and provides architectural interest by providing
interest and contrast in the building façade and roofline.
4.That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested development or use to existing or permitted future development or use in
the neighborhood will be provided and maintained, in that setback areas have been
landscaped to screen the parking areas. Adequate on-site vehicular circulation has been
provided to accommodate passenger and truck traffic. In addition, the existing open
space preserve located on the south portion of the project site which provides a buffer
between the project and the existing Encinas Creek and between the proposed project
and the multi-family apartment building to the south will remain untouched as required
by the recorded open space easement.
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5.That the street systems serving the proposed development or use is adequate to properly
handle all traffic generated by the proposed use, in that the proposed 62,600-square-
foot, three story, 42-foot-tall, medical office building will generate 3,130 average daily
trips (ADT). A Transportation Impact Analysis (TIA) for the proposed Project was
conducted and found that the medical office will generate 3,130 average daily trips
(ADT). The project trips were distributed to the local roadway network to evaluate the
potential for traffic impacts. The TIA also took into account near-term traffic associated
with approved and pending projects that will add traffic to the local study area by the
time of project occupancy. One additional signal modification was also assumed since
one of the near-term projects was conditioned to install the northbound right-turn
overlap phase at Palomar Airport Road/Aviara Parkway. Based on the analyses
conducted in the TIA, the proposed medical office would not result in a significant
impact to the roadway network in the project area, including the Palomar
Airport/College Boulevard/Aviara Parkway intersection adjacent to the site.
6.That the proposed development or use meets all other specific additional findings as
required by Title 21, in that pursuant to CMC section 21.27.050, the proposed
architectural tower is allowed to exceed the 45-foot height limit, up to a height of 52-
feet because the protruding architectural features does not function to provide usable
floor area, does not accommodate and/or screen building equipment, does not
adversely impact adjacent properties and provides architectural interest.
Coastal Development Permit (CDP 2023-0034)
7.That the proposed development is in conformance with the Mello II Segment of the
Certified Local Coastal Program (LCP) and all applicable policies, in that the site is
designated OS, Open Space which allows for natural resource areas, areas for
production of resources and recreation and aesthetic areas, and O, Office allows for a
wide range of general office, medical, and other professional development by the Mello
II Segment of the LCP. The project consists of the construction of a 62,600-square-foot,
three story, 42-foot-tall, medical office building with a 316-spaces surface parking lot
and interior and exterior employee eating areas on a 6.07-acre site located on the
southeast corner of Palomar Airport Road and Aviara Parkway. The medical office is
proposed on the portion of the lot that is zoned and designated for office uses. The
proposed three-story medical office will not obstruct views of the coastline as seen from
public lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. No agricultural uses currently exist on the site. The project footprint is
located entirely outside of the sensitive resources (Encinas Creek and associated
habitat) located in the open space easement on the south portion of the lot and
adequate buffers have been established to ensure this area will continue to be
conserved. In addition, the proposed three-story medical office project is not located in
an area of known geologic instability or flood hazards. Since the site does not have
frontage along the coastline, no public opportunities for coastal shoreline access are
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available from the subject site. Furthermore, the office designated site is not suited for
water-oriented recreation activities.
8.The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore,
the three-story medical office project will not interfere with the public’s right to
physical access to the ocean and, furthermore, the office designated site is not suited
for water-oriented recreation activities.
9.That the project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the three-story medical
office project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm
Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program
(JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable
steep slopes and the previously graded site is not located in an area prone to landslides,
or susceptible to accelerated erosion, floods, or liquefaction. A 70-foot buffer between
the Encinas Creek and the development has been approved by the wildlife agencies.
The riparian habitat within this buffer is protected by a conservation easement and will
not be impacted by the development of the project. Therefore, there will be no impacts
to native habitat.
10.The project complies with the requirements of the Coastal Agricultural Overlay 20 Zone
as the project is conditioned to pay the agricultural conversion mitigation fee to develop
with other than agricultural uses.
11.The project is not between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
McClellan Palomar Airport Land Use Compatibility Plan
12.The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated Dec. 1, 2011, in that:
a.The proposed project is located within the 60-65 and 65-70 dB Community Noise
Equivalent Level (CNEL) noise contours. Medical offices are deemed a compatible
use within the 60-65 CNEL noise contour in the ALUCP that will not be affected by
aircraft noise and a conditionally compatible use in the 65-70 dB CNEL noise
contour in the ALUCP. Buildings must be designed to attenuate exterior noise to
the indoor standard of 50 dBA CNEL pursuant to California Code of Regulation
(CCR) Title 24. Exterior noise levels associated with aircraft operations would be
70 dBA CNEL and noise modelling found in the Noise Evaluation (Ldn Consulting
2024) demonstrates the building could attenuate exterior noise to the indoor
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standard of 50 dBA CNEL pursuant to CCR Title 24 by implementing
recommendations in the Noise Evaluation.
b.The proposed project is in compliance with the ALUCP airspace protection
surfaces because the maximum height of the proposed medical office including
the architectural tower is below the height that requires notification of
construction to the FAA. Despite this, the project has been reviewed by the
Federal Aviation Administration (FAA) for compliance with CFR Title 14, Part 77, in
accordance with the Review Area 1 procedures (FAA 2024). Through the review
process, it has been determined that the Project design would comply with the
safety provisions of the ALUCP, would not exceed obstruction standards and
would not result in hazard to air navigation.
c.The proposed project is located within Safety Zones 2, 4 and 6. The ALUCP
identifies office buildings (including medical offices) within Safety Zone 6 as
compatible with airport uses, and conditionally compatible with airport uses in
Safety Zones 2 and 4. Offices are allowed in Safety Zones 2 and 4 only if the
development complies with either the maximum allowable floor area ratio (FAR)
or the maximum intensity and lot coverage limits as specified in Table III-2 (ALUCP
Section 3.4.14). The project proposes 14,721 square feet of office space in Safety
Zone 2, 3,058 square feet in Safety Zone 4 and 44,821 square feet in Safety Zone
6, all of which comply with the maximum square footages permitted within each
safety zone per the respective FAR as outlined in the ALUCP.
d.The proposed project is not located within the overflight notification area.
California Environmental Quality Act
13.Record and Basis for Action. The Planning Commission has considered the full record
before it, which includes the Record of Proceedings. Furthermore, the recitals set forth
above are found to be true and correct and material to this resolution; and are
incorporated herein by reference.
14.Compliance with CEQA. Pursuant to CEQA Guidelines sections 15162 through 15168, this
project is covered by a previously certified Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, State Clearinghouse No. 2004121003 (Planning Case
Nos. GPA 04-20/ZC 04-15/LCPA 06-05/CDP 03-03/SDP 03-01) that was prepared, and the
City Council certified it on Sept. 18, 2007, for the Kelly/JRM Office Project. The effects of
the project were examined in the previously certified Mitigated Negative Declaration
(MND) and all feasible mitigation measures developed in the MND are incorporated into
the appropriate entitlements to ensure that the mitigations measures will be
implemented.
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a.There are no substantial changes proposed in the project which will require major
revisions of the certified MND.
b.There are no substantial changes with respect to the circumstances under which
the project is undertaken which will require major revisions of the certified MND.
c.There is no new information of substantial importance, which was not known at
the time the MND was certified by the City Council on Sept. 18, 2007 pursuant to
City Council Resolution No. 2007-199.
15.The Planning Commission considered the MND and all significant impacts and mitigation
measures in the certified MND, and considered all written and oral communications from
the public regarding the environmental analysis, and found that (1) The project falls under
the scope of the certified MND; (2) All significant impacts were adequately addressed in
the certified MND; (3) The project would not make a considerable contribution to a new
significant cumulative impact; and (4) None of the triggers for subsequent/supplemental
NDs/MNDs in CEQA apply. The project is, therefore, determined to be within the scope
of the certified MND and the certified MND satisfies all requirements of CEQA for this
later activity.
General
16.The Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements of the City's General Plan, based on the facts set forth in the staff report
dated Feb. 5, 2024, including, but not limited to the following.
a.Land Use & Community Design – The proposed project is adjacent to a
commercial golf course to the north, a gym to the east, a multi-family residential
apartment to the south and additional offices to the west. The proposed medical
office will provide a convenient essential service to surrounding residences. The
medical office will also provide employment opportunities for residents who live
within proximity to the site, therefore enhancing the city’s position as a premier
regional employment center.
b.Mobility – The project includes the construction of approximately 380 feet of
ADA-compliant sidewalk on the south side of Palomar Airport Road along with
new street trees. The project also includes a new curb, gutter, sidewalk, and
driveway on Laurel Tree Lane. These upgrades will create an inviting streetscape
and encourage walking. In addition, the applicant will be required to pay any
applicable traffic impact fees, prior to issuance of a building permit, that will go
toward future road improvements.
c.Public Safety – The proposed structural improvements will be required to be
designed in conformance with all seismic design standards. In addition, the
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proposed project is consistent with all the applicable fire safety requirements
including fire sprinklers. Furthermore, the project has been conditioned to
develop and implement a program of “best management practices” for the
elimination and reduction of pollutants which enter into and/or are transported
within storm drainage facilities.
d.Noise – Operational noise impacts due to new mechanical heating-ventilation
(HVAC) systems, roadway noise, and aircraft operations were addressed in the
Noise Evaluation (Ldn Consulting 2024). The evaluation concludes that the
project’s HVAC would not expose nearby residential properties to noise levels in
excess of the city standards. Nosie related to roadway traffic aircraft when
combined with operations at McClelland-Palomar Airport would result in an on-
site noise exterior noise level of 74.4 dBA CNEL. According to Table 5-1 of the
Noise Element of the General Plan, the city considers office uses conditionally
compatible with noise levels up to 77 dBA CNEL provided it can be demonstrated
that interior noise standards can achieve the interior noise standard of 50 dBA
CNEL in accordance with CCR Title 24. Interior noise standards would be
achieved for the project through the incorporation of noise attenuation design
recommendations in the noise evaluation and shown on the project plans as
design features.
17.The project is consistent with the Citywide Facilities and Improvements Plan, the Local
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 provide funding to
ensure that all facilities and improvements regarding sewer collection and treatment;
water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be
installed to serve new development prior to or concurrent with need. Specifically,
a.The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
b.The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
18.That the project is consistent with the city’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
19.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.
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20.To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello II Local Coastal Program, the applicant shall provide payment
of the agricultural mitigation fee, pursuant to the amount established by the City Council
at the time of payment. The amount of the fee shall be paid by the applicant prior to
issuance of the grading permit and shall be consistent with the provisions of Carlsbad's
Local Coastal Program.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit,
building permit or recordation of final map, whichever comes first; or pursuant to an
approved construction schedule at the discretion of the appropriate division manager or
official.
1.If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the city shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on
the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the city’s approval of this Site Development Plan and Coastal
Development Permit.
2.Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan and Coastal Development Permit
documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the
approved Exhibits. Any proposed development, different from this approval, shall require
an amendment to this approval.
3.Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4.If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
5.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
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representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the city arising, directly or
indirectly, from (a) city’s approval and issuance of this Site Development Plan and Coastal
Development Permit, (b) city’s approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c)Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city’s approval
is not validated.
6.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, the approved exhibits shall fulfill this
condition.
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 shall become null and void if building permits are not issued for this project
within 24 months from the date of project approval.
9.Building permits will not be issued for this project unless the local agency providing water
and sewer services to the project provides written certification to the city that adequate
water service and sewer facilities, respectively, are available to the project at the time of
the application for the building permit, and that water and sewer capacity and facilities
will continue to be available until the time of occupancy.
10.Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17,
the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local
Facilities Management Plan fee for Zone 5, pursuant to Chapter 21.90. All such taxes/fees
shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval
will not be consistent with the General Plan and shall become void.
11.Prior to the issuance of the building permit, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has
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issued a Site Development Plan and Coastal Development 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.
12.Prior to issuance of grading permit(s), developer shall make a separate formal landscape
construction drawing plan check submittal to the Planning Division and obtain City
Planner approval of a Final Landscape and Irrigation Plan showing conformance with the
approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall
construct and install all landscaping and irrigation as shown on the approved Final Plans.
All landscaping shall be maintained in a healthy and thriving condition, free from weeds,
trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and
runoff.
13.The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
14.Prior to issuance of grading and building permits, Developer shall list the following
condition on all grading and building permit construction plans. Construction activities
shall take place during the permitted time and day per Carlsbad Municipal Code Chapter
8.48. Developer shall ensure that construction activities for the proposed project are
limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to
6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays.
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
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
City Planner and Building Official.
16.No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When
so required, the Developer shall submit and obtain approval of the Fire Chief and the City
Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan.
17.Developer shall submit and obtain City Planner approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
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18.Prior to issuance of the grading permit, the applicant shall submit a construction staging
and operations plan to show vehicle and equipment areas which complies with the
following requirements.
a.All construction vehicles or equipment, fixed or mobile, operated within 1,000
feet of a dwelling shall be equipped with properly operating and maintained
mufflers.
b.Stockpiling and/or vehicle staging areas shall be located as far as feasible from
dwellings and other noise sensitive receptors.
19.Prior to the issuance of any Certificates of Use and Occupancy, field testing in
accordance with Title 24 regulations may be required by the City to verify building
compliance with STC and IIC design standards.
20.A minimum of 1,052.66-sqaure-feet of indoor employee eating areas must be provided
prior to occupancy of the first tenant space.
21.The project shall to the maximum extent practicable avoid impacts during the vireo
breeding season (generally March 15–September 15). If the project cannot be
conducted without placing equipment or personnel adjacent to Encinas Creek prior to
the initiation of the breeding season (generally before March 15), protocol surveys for
vireo will be conducted in the adjacent habitat prior to the initiation of project
construction for each breeding season as needed. If vireo are found, construction noise
levels at the riparian canopy edge shall be kept below 60 dBA Leq or ambient level
(whichever is greater) (Measured as Equivalent Sound Level) from 5 a.m. to 11 a.m.
during the peak nesting period of March 15 to July 15. For the balance of the
day/season, the noise levels shall not exceed 60 decibels or ambient level, averaged
over a 1-hour period on a weighted decibel (dBA) (i.e., 1 hour Leq/dBA). Noise levels
shall be monitored, and monitoring reports shall be provided to the City and Wildlife
Agencies. Noise levels in excess of this threshold shall require written concurrence from
Wildlife Agencies and may require additional minimization/mitigation measures.
22.To help ensure the project does not create attractive conditions for brown-headed
cowbirds, the office trash enclosure will be located in the eastern portion of the site,
away from Encinas Creek, and trash cans in the outdoor eating areas abutting the office
building will be fully enclosed (e.g., Rubbermaid Brute 55-gallon trash cans with dome
lids). In addition, trash cans will be monitored and emptied regularly to ensure trash
does not over-flow or become exposed in a way that attracts cowbirds. Upon project
completion, the applicant will submit documentation to the Wildlife Agencies that the
trash enclosure and cans are placed in the correct locations and are monitored and
emptied regularly to ensure trash does not over-flow or become exposed in a way that
attracts cowbirds.
Item #1 18 of 118
23.Lighting in or adjacent to the preserve will not be used, except where essential for
roadway, facility use, and safety. If nighttime construction lights or permanent lights
are necessary, all lighting adjacent to natural habitat will be limited to low pressure
sodium sources and shielded and/or directed away from habitat.
24.Grading is permitted during the rainy season (from October 1st to April 1st of each year),
however, no grading shall occur during a Qualified Precipitation Event (QPE), defined
by the 2022 Construction General Permit (CGP) as a forecast of 50 percent or greater
probability of precipitation of 0.5 inches rm ore within a 24-hour period.
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a (building or grading
permit whichever occurs first).
General
25.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.
26.This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
27.Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
28.Property owner shall maintain all landscaping (street trees, tree grates, shrubs,
groundcover, etc.) and irrigation along the parkway frontage with Palomar Airport Road
and Aviara Parkway as shown on the Site Plan.
Fees/Agreements
29.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.
30.Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
Item #1 19 of 118
31.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.
32.Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering private retaining wall,
paved parking, fire hydrant, reclaimed water and trash enclosure located over (existing)
easements as shown on the site plan. developer shall pay processing fees per the city’s
latest fee schedule.
33.Developer shall implement Transportation Demand Management strategies per the
Carlsbad Municipal Code section 18.51. Prior to building permit issuance, the Developer
shall have a consultation with city staff regarding submittal of the final TDM Plan. Prior to
occupancy, the Developer shall submit a final Tier 3 Transportation Demand Management
Plan to the satisfaction of the City Engineer.
34.Prior to occupancy, the developer shall install transportation demand management
infrastructure measures, in accordance with the project’s 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.) Secured bike enclosure to accommodate a minimum of 14 bicycles.
b.) Public bike parking and bicycle repair station.
c.) Six dedicated car/vanpool spaces with proper signage and striping.
d.) Two showers/changing rooms for employees.
Grading
35.Based upon a review of the proposed grading and the grading quantities shown on the
site plan, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports as required by city engineer, post security and pay all
applicable grading plan review and permit fees per the city’s latest fee schedule.
36.This project may require off site grading. No grading for private improvements shall occur
outside the project unless developer obtains, records, and submits a recorded copy, to
the city engineer, a temporary grading, construction or slope easement or agreement
from the owners of the affected properties. If developer is unable to obtain the
temporary grading or slope easement, or agreement, no grading permit will be issued. In
that case developer must either apply for and obtain an amendment of this approval or
modify the plans so grading will not occur outside the project and apply for and obtain a
finding of substantial conformance and/or consistency determination from both the city
engineer and city planner.
37.Submit to San Diego Gas and Electric (SDG&E) for review the final grading and
improvement plans, including permission-to-grade language, and the project
landscaping and irrigation plans. Plans should substantially conform to those reviewed
Item #1 20 of 118
during the tentative map stage. The plans must be signed by SDG&E prior to issuance
of any construction permits.
Storm Water Quality
38.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.
39.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.
40.This project is subject to ‘Priority Development Project’ requirements and trash capture
requirements. Developer shall prepare and process a Storm Water Quality Management
Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP
Design Manual latest version. The final SWQMP required by this condition shall be
reviewed and approved by the city engineer with final grading plans. Developer shall pay
all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule.
41.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
42.Developer shall cause owner to dedicate to the city an easement for public sewer
purposes over the easterly 10 feet of the project site. The offer shall be made by a
separate recorded document. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not
required to be rededicated. Additional easements may be required at final design to the
satisfaction of the city engineer.
43.Developer shall cause owner to quitclaim the existing public water easement as shown
Item #1 21 of 118
on the site plan. The quitclaim shall be made by a separate recorded document.
Developer shall pay processing fees per the city’s latest fee schedule.
44.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.
45.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.
46.Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the (site plan). Said improvements shall be installed
to city standards to the satisfaction of the city engineer. These improvements include,
but are not limited to:
a.Curb and gutter, sidewalk, driveway and AC grind and overlay on Laurel
Tree Lane.
b.Extend left turn pocket (from 95 feet to at least 170 feet) on northbound
Aviara Parkway to Palomar Airport Road.
c.Upsize the existing sewer main (located on the adjacent property) and
rehabilitate three existing manholes.
d.Fire service.
e.Sewer lateral.
f.Construct approximately 380 feet of ADA-compliant sidewalk on the
south side of Palomar Airport Road.
Additional public improvements required in other conditions of this resolution are hereby
included in the above list by reference. Developer shall pay the standard improvement
plan check and inspection fees in accordance with the fee schedule. Improvements listed
above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
47.Developer shall design, and obtain approval from the city engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with city standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior
to completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
approval of the city engineer.
48.Developer is responsible to ensure utility transformers or raised water backflow
preventers that serve this development are located outside the right-of-way as shown
Feb. 5, 2025 Item #1 22 of 118
on the Site Plan and to the satisfaction of the city engineer. These facilities shall be
constructed within the property.
Utilities
49.Developer shall meet with the fire marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project
50.The developer shall agree to design landscape and irrigation plans utilizing recycled water
as a source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the district engineer.
51.Developer shall install potable water and/or recycled water services and meters at
locations approved by the district engineer. The locations of said services shall be
reflected on public improvement plans.
52.The developer shall agree to install sewer laterals and clean-outs at locations approved
by the city engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
53.The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan to the satisfaction of the district engineer
and city engineer.
54.The developer shall submit a detailed sewer study, prepared by a registered engineer,
that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe,
velocity in the main lines, and the capacity of the existing infrastructure. Said study shall
be submitted concurrently with the improvement plans for the project and the study shall
be prepared to the satisfaction of the district engineer.
55.The developer shall submit a detailed potable water study, prepared by a registered
engineer that identifies the peak demands of the project (including fire flow demands).
The study shall identify velocity in the main lines, pressure zones, and the required pipe
sizes. Said study shall be submitted concurrently with the improvement plans for the
project and the study shall be prepared to the satisfaction of the district engineer.
56.Prior to the issuance of a building permit, the developer shall submit detailed design
drawings and studies for the construction of private potable water, sewer, and fire service
line required to serve the project. Said drawings and studies shall be prepared and
submitted to the satisfaction of the building official.
Feb. 5, 2025 Item #1 23 of 118
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited
to the following:
57.Developer shall pay planned local area drainage fees in accordance with Section
15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
58.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.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150,
the appeal must be in writing and state the reason(s) for the appeal. The City Council must make
a determination on the appeal prior to any judicial review.
NOTICE TO APPLICANT
The project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed,
without a valid appeal being filed with the Coastal Commission, following the Coastal
Commission’s receipt of the city’s notice of the CDP issuance (“Notice of Final Action”). The filing
of a valid appeal with the Coastal Commission within such time limit shall stay the effective date
of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow
that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul
their imposition.
Feb. 5, 2025 Item #1 24 of 118
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES
NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning,
grading, or other similar application processing or service fees in connection with this project;
NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE
similar to this, or as to which the statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a Special Meeting of the Planning Commission of
the City of Carlsbad, California, held on Feb 5, 2025, by the following vote, to wit:
AYES: Burrows, Foster, Hubinger, Lafferty, Meenes, Merz, Stine
NAYES: None.
ABSENT: None.
ABSTAIN: None.
���� ROY MEENES, Vice Chair
��C£
ERIC LARDY, City Planner
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES
NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning,
grading, or other similar application processing or service fees in connection with this project;
NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE
similar to this, or as to which the statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a Special Meeting of the Planning Commission of
the City of Carlsbad, California, held on Feb 5, 2025, by the following vote, to wit:
AYES: Burrows, Foster, Hubinger, Lafferty, Meenes, Merz, Stine
NAYES: None.
ABSENT: None.
ABSTAIN: None.
���� ROY MEENES, Vice Chair
��C£
ERIC LARDY, City Planner