Loading...
HomeMy WebLinkAbout2025-08-20; Planning Commission; Resolution 7548PLANNING COMMISSION RESOLUTION 7548 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CEQA EXEMPTION DETERMINATION, COASTAL DEVELOPMENT PERMIT AMENDMENT, CONDITIONAL USE PERMIT, AND PLANNED DEVELOPMENT PERMIT TO ALLOW FOR THE CONVERSION OF AN EXISTING THREE-STORY, 98-GUEST ROOM HOTEL INTO A 98-UNIT MULTI­ FAMILY DWELLING ON A 3.12-ACRE SITE LOCATED AT 5010 AVENIDA ENCINAS, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: INNS OF AMERICA CASE NO.: AMEND 2024-0008/CUP 2024-0009/PUD 2024-0009 (DEV99017) WHEREAS, Jim McMenamin, Alliance Development Services, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Cannon Road, LLC, "Owner," described as THAT PORTION OF LOT H OF RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. ("the Property"}; and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment, Conditional Use Permit and Planned Development Permit as shown on Exhibit(s} "A" -GG" dated Aug. 20, 2025, on file in the Planning Division, AMEND 2024-0008/CUP 2024-0009/PUD 2024-0009 (DEV99017) -INNS OF AMERICA, as provided by Chapter 21.34, 21.42, 21.45, and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on Aug. 20, 2025, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit Amendment, Conditional Use Permit and Planned Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A)That the foregoing recitations are true and correct. B)Compliance with CEQA. The proposed action to convert an existing 98-guest room hotel into a 98-unit multi-family dwelling is categorically exempt from environmental review under CEQA Guidelines section 15332 (Class 32 -Infill Development Projects), which allows for infill development projects that meet certain criteria, such as being surrounded by urban uses and not resulting in significant impacts. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(() apply. The notice of exemption will be filed with the Recorder/County Clerk within five days after project approval by the decision-making body. B)That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of AMEND 2024-0008/CUP 2024-0009/PUD 2024-0009 (DEV99017) -INNS OF AMERICA, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit Amendment (AMEND 2024-0008) 1.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 as Pl Planned Industrial by the Mello II Segment of the LCP which is consistent with the city's General Plan and Zoning. The project consists of the conversion of an existing 65,763-square-foot, 98-guestroom hotel into a 98- unit multi-family dwelling. The proposed project is compatible with the surrounding existing commercial, office and industrial uses as it has been designed to be an integral part of development in the area. The three-story structures 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, nor are there any sensitive resources located on-site. The proposed project is not located in an area of known geological instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 2.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 98-unit multi-family dwelling project will not interfere with the public's right to physical access to the ocean and, furthermore, the residentially designated site is not suited for water-oriented recreation activities. 3.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 98-unit multi-family dwelling project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 4.The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 5.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). Conditional Use Permit {CUP 2024-0009) 6.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 converting the existing 98-guest room hotel into a 98-unit multi-family dwelling provides a convenient housing option for the employees of the surrounding commercial, office and industrial uses. The project is located within the Pl Planned Industrial General Plan designation. While ancillary commercial uses are permitted under this designation, it does not assign a residential density to the site. Instead, density is governed by the implementing zoning district, the Planned Industrial {P-M) Zone, as defined in Carlsbad Municipal Code Chapter 21.34, which allows residential uses in the P-M Zone subject to the approval of both a Major Conditional Use Permit and a Residential Planned Development Permit by the City Council, subject to certain findings. It has been determined that the required findings can be made (see below). Therefore, the resulting density of 31.41 dwelling units per acre is consistent with the Pl Land Use Designation. In addition, Policy 2-P.9 encourages the provision of lower and moderate-income housing to meet the objectives of the Housing Element. The project has proposed 7 very low-income units, 5 low-income units and 3 moderate-income units, which satisfies both the State Density Bonus Law and lnclusionary Housing Ordinance requirements. The proposed composition of income levels is an average of 74% of Area Median Income, which meets the requirement (average not to exceed 80% low-income affordability level) allowable under the city's alternatives identified in Council Policy 57. With the exception the new storage enclosure and site improvements, the existing footprint of the hotel (or total area of the lot that is covered by the building) would remain the same in its current condition. Other than three Density Bonus waivers for prime arterial roadway setbacks, building height, and community recreational space, the project conforms to the development standards of the Planned Industrial (P-M) Zone and the development standards of the Planned Development Ordinance. Furthermore, the existing conversion of the hotel into a multi-family dwelling is consistent with the LCP Mello II Pl land use designation as the multi-family dwelling provides a convenient housing option for the employees of the existing businesses. Therefore, the project is desirable for the development of the community and is consistent and in harmony with the applicable general plan, zoning, and local coastal program. 7.That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed multi-family dwelling will be established through the conversion of an existing hotel on a developed lot. The existing hotel is already well integrated into the surrounding industrial park, and its conversion to residential use will maintain compatibility with the surrounding area while continuing to support the vitality of adjacent industrial uses. Bringing residential use to the site means bringing homes and jobs together, where people can live and work alongside each other in a commercial and light-industrial neighborhood. Mature perimeter landscaping along the eastern, southern, and western property lines provides a buffer between the project site and neighboring uses. The project will provide 123 parking spaces, exceeding the 98 spaces required under State Density Bonus Law. Additionally, the conversion will reduce average daily trips from 882 to 588, resulting in no adverse impact to the level of service of Cannon Road and Avenida Encinas. Therefore, the project will not be detrimental to existing uses or to uses specifically permitted in the zone in the P-M zone. 8.That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood in that the existing structure (existing footprint of the hotel or total area of the lot that is covered by the building) would remain the same in its current condition. The applicant proposes a change in use (from hotel to multi-family development). California's Density Bonus Law allows applicants to request waivers or reductions of development standards that would otherwise preclude the construction of a project at the permitted density. This includes significantly reduced parking requirements, concessions from site development standards, and waivers of development standards (such as reduced setbacks). The applicant is requesting a State Density Bonus to allow the proposed recreational amenities, including a pickleball court, dog run, and a surrounding 6-foot-tall fence, to encroach into the setback area. The project also includes landscaping consistent with the Carlsbad Landscape Manual, and mature perimeter landscaping along the eastern, southern, and western property lines serves as a buffer between the project site and adjacent uses. Parking requirements under State Density Bonus Law (one space per unit) total 98 spaces for the proposed use. The project will provide 123 spaces, exceeding the minimum requirement. Although the existing structure exceeds the 35-foot maximum building height and 45-foot maximum architectural projection height permitted under the P-M zone, the applicant is requesting a waiver under State Density Bonus Law and Carlsbad Municipal Code (CMC) Section 21.86.060 to allow the existing 36.9- foot building height and 45.5 and 45.6-foot architectural projection heights to remain. The developer is also requesting a waiver from Planned Development Standard 21.45.060 (Table C) (C.9) requiring community recreation space of 200 square feet per unit (19,600 square feet required). The project will provide 15,518 square feet proposed of community recreation space. Such waivers are allowed under the provisions of both CMC Section 21.86.060 and State Density Bonus Law. Government Code Section 65913.4(a)(5), states, "A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density is compliant with the maximum density allowed within that land use designation. Therefore, the project is consistent with all objective zoning standards related to density. Otherwise, the proposed project has been designed to meet the requirements of the city and other service agencies' standards. The project site has been thoroughly analyzed to determine if the site was suitable for the residential type of development (hotel conversion). All necessary public facilities and services are in place or can be extended to serve the project, which comes with support from fire, sewer, water, and school service providers, indicating that existing facilities are available to service the project. The site is adequate in size and shape to accommodate the proposed use and associated features. 9.That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that access is provided via a private driveway off Avenida Encinas which is currently operating at acceptable levels of service. The proposed conversion of the hotel into a multi-family dwelling will result in a decrease in Average Daily Trips from 882 to 588. Therefore, the streets will be adequate to handle the traffic generated by the project. Planned Development Permit {PUD 2024-009) 10.The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the Pl General Plan Land Use designation does not assign residential density. Instead, density is governed by the implementing zoning district, the Planned Industrial (P-M) Zone, which allows residential uses in the P-M Zone subject to the approval of both a Major Conditional Use Permit and a Residential Planned Development Permit by the City Council. The resulting density of 36.29 dwelling units per acre is consistent with the Pl Land Use Designation and the P-M zone, as it does not exceed 40 dwelling units per acre. Policy 2-P.9 encourages the provision of lower and moderate-income housing to meet the objectives of the Housing Element. The project has proposed 7 very low-income units, 5 low-income units, and 3 moderate-income units, which satisfies both the State Density Bonus Law and lnclusionary Housing Ordinance requirements. The proposed composition of income levels is an average of 74% of Area Median Income, which meets the requirement (average not to exceed 80% low-income affordability level) allowable under the city's alternatives identified in Council Policy 57. As discussed in the staff report, the project is consistent with all minimum development and design standards applicable to the property, aside from those waived or reduced in compliance with State Density Bonus Law, as contained in Chapters 21.35 {Planned Industrial Zone {P-M}} and 21.45 {Planned Developments) of the Carlsbad Municipal Code. 11.The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the 98-unit residential dwelling project is compatible with the surrounding commercial, office and industrial uses as permitted by the Planned Industrial {P-M} Zone and adjacent Residential Density-Multiple (RD-M} Zone and Commercial Tourist {CT} Zone, and does not create any traffic or circulation impacts as the existing hotel generates 882 trips, and the proposed multi-family dwelling would generate 588 trips. Therefore, the conversion of the hotel into a multi­ family dwelling would result in a net loss of 294 trips, which Avenida Encinas and Cannon Road are adequately designed to accommodate. The site's existing/proposed street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and firebreaks; lot size and configuration; traffic access; grading drainage; and building design were all reviewed for compliance with relevant city policies and codes. All necessary public facilities and services are in place or can be extended to serve the project, which comes with support from fire, sewer, water, and school service providers, indicating that existing facilities are available to service the project. The conditions of approval would ensure consistency with all standard requirements. 12.The project will not adversely affect the public health, safety, or general welfare, in that the 98-unit multi-family dwelling project has been designed to comply with all applicable development standards to ensure compatibility with surrounding uses. 13.The project's design, including architecture, streets, and site layout a) contributes to the community's overall aesthetic quality; b) includes the use of harmonious materials and colors, and the appropriate use of landscaping; and c) achieves continuity among all elements of the project, in that the 98-unit multi-family dwelling project will retain the existing contemporary southwest architectural design style featuring mission style barrel roofing, light tan stucco, and tan eave and rafter tails. Architectural towers, accent banding and metal railings on the second and third floor windows provide visual interest. The primary entrance includes a large drive-up patio cover supported by columns with decorative tiles. Primary building materials include sand finish stucco, cut coarse stone, and composite wood siding. Existing perimeter landscaping is located along the eastern, southern, and western property lines. The property features a large landscaped area fronting Avenida Encinas, aligned with the adjacent properties to the south, and the structure is set back 49 feet from Avenida Encinas. All elements (i.e., site layout, architecture, landscaping) create continuity in the overall project design. Residential Uses in the P-M Zone 14.A planned development permit for the project has been approved, or is approved concurrently with the conditional use permit, by the City Council in that the project is a Coastal Development Permit Amendment, Conditional Use Permit and Planned Development Permit for the conversion of an existing 65,763-square-foot, 98-guestroom hotel into a 98-unit multi-family dwelling. The project complies with Table C, General Development Standards of the Planned Development Ordinance (CMC Section 21.45.060), with the exception of two proposed waivers permitted under State Density Bonus. The findings for a Planned Development Permit, pursuant to CMC Section 21.45.050, can be made as demonstrated below. Therefore, this finding can be made with approval of the Conditional Use Permit and Planned Development Permit by the City Council. 15.The residential development is an integral part of an industrial park or large industrial use in that the project is located at the southeast corner of Avenida Encinas and Cannon Road, within a larger industrial area that supports a variety of uses consistent with the Planned Industrial (P-M) Zone. Originally developed to serve the short-term accommodation needs of visitors, including employees of adjacent businesses, the existing hotel is well integrated into the industrial park. Its conversion to residential use will maintain compatibility with the surrounding area and support the continued vitality of the surrounding industrial uses. More than 25 locally-serving businesses are located within 5,900 feet of the project site along Avenida Encinas. These businesses provide a diverse range of goods and services, including insurance and real estate offices, medical and dental practices, professional consulting, marketing and design firms, accounting and tax services, employment agencies, mortgage providers, and home health services. A credit union is located within 2.7 miles, and 15 restaurants are situated within a one-mile radius. Altogether, these commercial and light­ industry support jobs for a range of occupations and people of different backgrounds. The project will contribute 98 new dwelling units to the area, including 15 affordable units across various income categories. Ultimately, bringing residential use to the site means bringing homes and jobs together, where people can live and work alongside each other in a commercial and light-industrial neighborhood. To ensure that the project is an integral part of development in the area the project has been conditioned to submit a detailed marketing program. This program must include on-site signage, such as a kiosk, and the distribution of informational flyers to nearby businesses. Additionally, the project's website must feature a dedicated webpage offering personalized assistance, a digital brochure with floor plans and amenity details, and information on nearby transit options and multimodal improvements geared toward employees of local businesses. As such, the project is designed to complement and enhance the surrounding industrial and commercial uses, reinforcing its role as an integral part of the area. 16.The residential development is designed to be compatible with the industrial use it serves by means of landscaping, open space separations, etc. in that the project includes 27,533 square feet of landscaping, consistent with the requirements of the Carlsbad Landscape Manual, to provide visual relief for future residents, buffer adjacent commercial, office, and light industrial uses, and enhance views of the existing industrial park. Amenities include an enclosed swimming pool, two pickleball courts (4,290 square feet) enclosed by 6-foot-tall fencing, a 989-square-foot dog run enclosed by 4- foot-tall fencing, and a 308-square-foot bike and surfboard storage area located on the north side of the main building to further buffer surrounding uses. Existing mature perimeter landscaping is located along the eastern, southern, and western property lines, and the building is set back 49 feet from Avenida Encinas. The existing structure, which will remain, features a contemporary southwestern architectural style, with mission-style barrel tile roofing, light tan stucco, and tan eaves and rafter tails. Architectural towers, accent banding, and metal railings on the second-and third-story windows provide additional visual interest. As such, the design is intended to be compatible with the surrounding business park. 17.The industrial development served by the residential development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and from the residential development in that the project site is located near Interstate 5 and is served by two arterial roadways, Cannon Road and Palomar Airport Road, as well as Avenida Encinas, a designated Neighborhood Connector Street. The site is also located within two miles of the Poinsettia Train Station, offering regional transit connectivity. According to the General Plan, Avenida Encinas is intended to accommodate all modes of transportation while enhancing mobility for pedestrians and bicyclists. As part of the Coastal Rail Trail, this corridor includes buffered Class II bike lanes delineated by pavement striping and signage, non-contiguous sidewalks, and adjacent landscaping, facilitating safe and convenient bicycle and pedestrian access between the project site, commercial services, and employment centers. To support bicycle transportation, the project will include a 308 square foot secure bicycle storage and maintenance shed. The facility will provide 24 long-term bicycle parking spaces, electric bicycle charging outlets, and a bicycle maintenance station. The shed will be conveniently located in a secure area on the northwest portion of the site. 18.The maximum allowable density for the residential development shall be established by the City Council but in no event shall the density exceed 40 dwelling units per acre in that the project proposes the conversion of an existing 65, 763-square-foot, 98-guestroom hotel into a 98-unit multi­ family dwelling. The base density for the site has been calculated at 125 units (40 dwelling units per acre x 3.12 acres). The project proposes 98 dwelling units, 27 fewer than the maximum number permitted in the density range. Therefore, the project remains within the permitted density limits and does not exceed the maximum allowable density of 40 dwelling units per acre. General 18.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 Aug. 20, 2025, including, but not limited to the following: a)Land Use & Community Design -The project makes efficient use of limited land supply by converting an existing 98-guest room hotel into a 98-unit multifamily dwelling. The project meets all development standards (aside from those waived or reduced in compliance with State Density Bonus Law) provides adequate parking, and the proposed design and materials ensure the development will be compatible with the surrounding neighborhood. Furthermore, the project provides additional housing within the existing neighborhood by constructing 98 additional new residences. b)Housing -Included in the 98 units proposed, the project provides 7 very low-income units, 5 low-income units, and 3 moderate-income units for 55 years. The proposed composition of income levels is an average of 74% of Area Median Income, which meets the requirement (average not to exceed 80% low-income affordability level) allowable under the city's alternatives identified in Council Policy 57. The 7 very low-income units, 5 low-income units and 3 moderate-income units proposed to satisfy State Density Bonus Law requirements also satisfies lnclusionary Housing Ordinance requirements. Pursuant to CMC Chapter 21.85, lnclusionary Housing Ordinance, 15% of the base units, or 15 units, shall be constructed and restricted both as to occupancy and affordability to lower-income households; 98 units X 15% = 15 units (14.7 rounded up). The fifteen affordable housing units will be secured through a recorded affordable housing agreement and made affordable for targeted income categories for a period of 55 years. c)Mobility-The proposed project has been designed to meet applicable circulation requirements, which include a single driveway access point from Avenida Encinas. d)Public Safety -The proposed structural improvements will be required to be designed in conformance with all seismic design standards. The proposed project is consistent with all applicable fire safety requirements including fire sprinklers. Additionally, the proposed project is not located in an area of known geologic instability or flood hazard and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. e)Noise -The project consists of the conversion of an existing 98-guest room hotel into a 98-unit residential apartment, with an existing pool and spa, and a new dog run, pickle ball courts, bicycle and surfboard storage and maintenance shed. A noise study prepared for the project (dBA Associates, Inc. dated Mar. 4, 2025) concluded that the project complies with the Noise Guidelines Manual and applicable General Plan policies. No project-specific conditions are required. 19.The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a)The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b)Park-in-lieu fees required by Carlsbad Municipal Code Chapter 20.44 will be collected prior to issuance of building permit if required. c)The Public Facility fee required to be paid by Council Policy No. 17 will be collected prior to the issuance of building permit if required. d)The Local Facilities Management fee for Zone 3 required by Carlsbad Municipal Code Section 21.90.050 will be collected prior to issuance of building permit if required. 20.That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 21.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 Aug. 20, 2025. 22.The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building or grading permit whichever occurs first. 1.If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Coastal Development Permit Amendment, Conditional Use Permit, and Planned Development Permit. 2.Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit Amendment, Conditional Use Permit, and Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3.Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 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 Coastal Development Permit Amendment, Conditional Use Permit, and Planned 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.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. 8.This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9.This approval shall become null and void if building permits are not issued for this project and substantial work has been performed with at least one major inspection (foundation, underfloor, frame, or final) conducted by the city within 36 months of project approval. 10.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. 11.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 CFO #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 1 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. 12.Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit Amendment, Conditional Use Permit, and Planned 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. 13.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. 14.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. 15.The project has been granted waivers in accordance with density bonus provisions found in Government Code Sections 65915 to 65918 and Carlsbad Municipal Code Chapter 21.86. Per density bonus definitions, the project had a calculation of 125 base units (rounded up). The applicant is not requesting an increase in density but is requesting to qualify for as a Density Bonus project to access the associated benefits such as incentives, concessions, or waivers. Based on the requested density bonus, the applicant must provide 5% of the base units as very low-income units, as defined by California Health and Safety Code Section 50053. The project must provide 7 density bonus very low-income affordable units based on calculations in Government Code Section 65915. In addition to the affordable units provided for the project to be granted a density bonus under State law, the developer is required to comply with Carlsbad's lnclusionary Housing Ordinance. Under the lnclusionary Housing Ordinance, developments proposing a total of seven or more units must provide at least 15% of the development's base density units as affordable to lower income households. This project is required to provide a total of 15 units deed restricted to lower-income households. An affordable housing agreement, for which the deed-restricted affordable housing requirements will be satisfied, must be recorded prior to the issuance of the first building permit. The affordable housing agreement shall specify the number, type, location, size and phasing of all affordable units, affordability restrictions including the calculation of affordable rent, provisions for marketing, income certification and screening of potential renters of units, and ongoing management and monitoring requirements. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to requesting the issuance of the first building permit. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 16.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. 17.Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 18.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. 19.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. 20.Prior to the issuance of a certificate of occupancy, the Developer shall submit to the City Planner a detailed marketing program to ensure integration of the project with surrounding development. The marketing program shall include, at a minimum: (1) installation of on-site signage such as a kiosk providing project information to potential tenants; (2) distribution of informational flyers to all businesses located on Avenida Encina between Cannon Road and Palomar Airport Road; and (3) a dedicated webpage on the project's website offering personalized assistance, a digital brochure with floor plans and amenity details, and information on nearby multimodal improvements and transit options tailored to employees of adjacent business park uses. The marketing program shall be subject to the review and approval of the City Planner. Engineering: General 21.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. 22.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. 23.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. 24.Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Avenida Encinas and Cannon Rd as shown on the Site Plan. Fees/ Agreements 25.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. 26.Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 27.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. 28.Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement for private decorative pavement at the driveway entrance, curb and gutter, and a box structure located over portions of an existing CMWD easement as shown on the site plan or identifiable in the field. Developer shall pay processing fees per the city's latest fee schedule. Grading 29.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 30.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. 31.Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 32.This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans and/or building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 33.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. 34.Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. 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 is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Site Plan and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Utilities 38.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 39.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. 40.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. 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. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on Aug. 20, 2025, by the following vote, to wit: