HomeMy WebLinkAbout2025-09-17; Planning Commission; Resolution 7550Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
PLANNING COMMISSION RESOLUTION NO. 7550
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN,
CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERM IT TO
DEMOLISH THREE EXISTING ONE-STORY BUILDINGS, THE CONSOLODE TWO
LEGAL PARCELS TOTALING 0.51 ACRES INTO ONE LOT AND DEVELOP A
18,606-SQUARE-FOOT, 42.5-FOOT-TALL COMMERCIAL STRUCTURE
CONSISTING OF THREE LEVELS, WITH THE FIRST LEVEL TO INCLUDE
RESTAURANT AND RETAIL SPACE, THE SECOND LEVEL TO INCLUDE AN EVENT
AND ASSEMBLY SPACE, KITCHEN, AND TERRACE, AND A THIRD LEVEL WITH
OUTDOOR SEATING AREAS, BAR SERVICE AREA, AND BRIDAL SUITE, AND 10
SURFACE-LEVEL PARKING SPACES, AND A REQUEST TO UTILIZE OFF-STIE
PARKING LOTS TO ACCOMMODATE EVENT SPACE GUESTS, ON PROPERTY
GENRALLY LOCATED ON THE SOUTHWEST CORNER OF CARLSBAD
BOULEVEARD AND BEECH AVENUE (ASSESSOR PARCEL NUMBERS 203-143-
01-00 & 203-143-02-00) IN THE NORTHWEST QUADRANT OF THE CITY, THE
HOSPITALITY DISTRICT OF THE VILLAGE & BARRIO MASTER PLAN, AND
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BLVD BEACH COMMERCIAL
CASE NO.: SOP 2024-0020/CUP 2024-0010/CDP 2024-0032
(DEV2024-0095)
WHEREAS, Fabric 2775 Partners, LLC, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by The Parish of St. Michaels-by-the-Sea Episcopal Church, "Owner,"
described as
ALL THAT PORTION OF BLOCK 6 IN THE TOWN OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 2, 1888.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan, Condit ional
Use Permit, and Coastal Development Permit as shown on Exhibit(s) "A" -"EEE" dated Sept. 17, 2025, on
file in the Planning Division, SOP 2024-0020/CUP 2024-0010/CDP 2024-0032 (DEV2024-0095) -BLVD
BEACH COMMERCIAL as provided by Chapters 21.06, 21.42, 21.35, and 21.201 of the Carlsbad Municipal
Code, and the Village & Barrio Master Plan; and
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
WHEREAS, the Planning Comm ission did, on Sept. 17, 2025, hold a duly noticed pu blic hea ring as
prescribed by law to consider said; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Comm ission considered all factors relating to the Site
Development Plan and Coastal Development Permit; and
WHEREAS, an Environmental Impact Report (EIR 13-02; State Clearinghouse No. 2011011004)
and Supplemental Environmental Impact Report (EIR 2022-0007; State Clearinghouse No.2022090339)
were prepared and certified by the City Council on Sept. 22, 2015 & Jan. 30, 2024, respectively, for t he
2015 General Plan Update and amendments to the General Plan, Zoning Ordinance, the Local Coastal
Program, and Various Master and Specific Plans ("General Plan El Rs"); 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), Section 15183
provides a specific CEQA review process for qualifying projects that are consistent w ith a community plan
or zon ing. State CEQA Guidelines Section 15183 (Public Resources Code Section 21083.3), provides that
projects which are consistent with a Community Plan, General Plan, or Zoning for which an EI R has been
certified "shall not require additional environmental review, except as might be necessary to examine
whether there are project-specific significant effects which are peculiar to the project or its site;" and
WHEREAS, there are no "project specific significant effects which are peculiar to the project or
site" pursuant to CEQA Guidelines Section 15183 and the potential environmental effects of the project
were adequately analyzed by the previously-certified General Plan EIRs. Therefore, the previously-
certified General Plan El Rs are adequate without modification and no additional environmental review is
required; and
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, Conditional Use Permit, and Coastal Development Permit; and
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
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) No potential new impacts related to the Project have been identified that would
necessitate further environmental review beyond the impacts and issues already
disclosed and analyzed in the General Plan EIRs. No other special circumstances exist
that would create a reasonable possibility that the Project will have a significant adverse
effect on the environment. Therefore, the prior EIRs are sufficient to support the
proposed action and pursuant to State CEQA Guidelines Section 15183, no further
environmental review is required.
C) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL OF SDP 2024-0020/CUP 2024-0010/CDP 2024-0032
(DEV2024-0095) -BLVD BEACH COMMERCIAL, based on the following findings and
subject to the following conditions:
Findings:
Site Development Plan, SDP 2024-0020
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
proposes the demolition of three existing single-story structures, and in its place the
construction of a new 18,606-square-foot, three-story, 42.5-foot-tall, commercial building with
outdoor pedestrian and seating areas on the ground floor and second and third story terraces,
10 ground-level parking spaces, all on a 0.51 acre infill site located at 2715, 2721, and 2729
Carlsbad Blvd., within the Hospitality (HOSP) District of the Village & Barrio Master Plan. The
proposed uses of the structure include retail, restaurants, and event center/public assembly
uses. Retail and restaurant uses are allowed by right within the HOSP District, and the event
center/public assembly use is similar to those uses allowed within the HOSP District with the
approval of a conditional use permit (CUP 2024-0010). The project is consistent with the various
elements and objectives of the Village (V) General Plan Land Use designation and the Village &
Barrio Master Plan as discussed in the findings below and in the project staff report dated Sept.
17, 2025, incorporated by reference.
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 18,606-square-foot, three story, 42.5-foot-tall, commercial building is located
within the Hospitality (HOSP) District of the Village & Barrio Master Plan. 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 retail and restaurant uses are allowed by right within the HOSP District, and the
event center/public assembly use is similar to those uses allowed within the HOSP District with
the approval of a conditional use permit (CUP 2024-0010). The properties surrounding the Site
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
to the south and west are designated for HOSP uses under the VBMP. The property located to
the north across Beech Avenue is designated as Village Barrio Other and is developed as an
urban park. The properties to the east of the Site, across Carlsbad Boulevard, are designated as
Village General (VG) District of the Village and Barrio Master Plan. The project site is
immediately surrounded by urban uses, including Magee Park, the St. Michaels-by-the-Sea
church campus to the west and south, and a three-story residential and commercial mixed-use
development across Carlsbad Boulevard to the east. However, the greater surrounding
neighborhood provides a mixture of commercial, residential, educational, and quasi-public uses
including hotels and a shopping center to the south of the site. The commercial project is
estimated to generate 1,065 average daily trips (ADT) which is an increase of 945 average daily
trips from the existing medical office use. However, the vehicle level of service (LOS) on Carlsbad
Boulevard and Beech Avenue will not be significantly impacted by the increase in ADT.
Pedestrian and bicycle LOS was evaluated and was found to be adequate. Pursuant to Assembly
Bill 2097 (AB 2097), the city is prohibited from requiring parking for projects located within one-
half mile of a major transit stop. The project is located approximately 0.13 miles from the
Carlsbad Village Train Station, and therefore only parking spaces for electric vehicle (EV) supply
equipment installed parking spaces or parking spaces that are accessible to persons with
disabilities can be required. The project proposes providing a total of ten on-site (EV) and
accessible spaces, with additional EV improvements to the shared parking lot to the west (2775
Carlsbad Blvd.) to fulfill the total of EV space requirement. The shared/leased parking
arrangement proposed to accommodate the parking needs for the event center is consistent
with Village and Barrio Master Plan goals and policies (1.5.2 (8)(4)) to maximize the efficient
use of existing off-street parking
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the project consists of the demolition of three existing single-story structures,
and in its place the construction of a new 18,606-square-foot, three story, 42.5-foot-tall,
commercial building with outdoor pedestrian and seating areas on the ground floor and second
and third story terraces, and ten parking space, all on a 0.51 acre infill site located at 2715, 2721,
and 2729 Carlsbad Blvd., within the Hospitality (HOSP) District of the Village & Barrio Master
Plan. Retail and restaurant use are uses allowed by right within the HOSP District, and the event
center/public assembly use is similar to those uses allowed within the HOSP District with the
approval of a conditional use permit (CUP 2024-0010). The project proposed a lot coverage of
65%, which is compliant with the Hospitality District 80% maximum lot coverage standard, and
is compliant with setback and height standards of the Hospitality District.
4. That all ya rds, setbacks, walls, fences, landscaping, and other features necessary to adjust t he
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the project complies with all applicable
development standards (i.e. setbacks, lot coverage, and height restrictions) of the Hospitality
District and the Village & Barrio Master Plan. The architecture of the building is compatible with
the surrounding commercial development and the existing St. Michaels-by-the-Sea church
campus. Landscaping along the street frontages will be provided consistent with the
requirements of the city's Landscape Manual and the Village & Barrio Master Plan.
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 project is considered a corner lot
as it has two primary street frontages, Carlsbad Boulevard to the east, and Beech Avenue to the
north. The Grand Avenue segment between Jefferson Street and Hope Avenue has a Village
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
Street typology. The Carlsbad Boulevard segment between Beech Avenue and Christiansen Way
has an Identity Street typology, and the Beech Avenue segment between Garfield Street and
Carlsbad Boulevard has a Village Street typology. The project is estimated to generate 1,065
daily trips, which is a net increase of 945 trips compared to the trips the existing buildings are
estimated to generate. The vehicle level of service (LOS) on Carlsbad Boulevard and Beech
Avenue will not be significantly impacted by the increase in ADT. The project site is also located
within 0.13 miles of the Carlsbad Village major transit station which provides bus, train, and
Coaster service on a daily basis. In addition, the Developer will be required to pay traffic impact
fees in accordance with Carlsbad Municipal Code Section 18.42 prior to issuance of building
permits that will go towards future road improvements.
Conditional Use Permit, CUP 2024-0010
6. That the requested use is necessary or desirable for the development of the community, is in
harmony with the various elements and objectives of t he general plan, including the Village and
Barrio Master Plan (VBMP}, in that the proposal to operate an event center/public assembly
space will enhance the village as a community focal point with high quality shopping, dining and
entertainment, will support a dynamic mix of uses and facilities including new, inviting public
spaces and will contribute toward the goal of maintaining and enhancing the Village as a center
for residents and visitors with commercial, cultural and entertainment activities. Furthermore,
the event center is consistent with the goal of providing a variety of uses that attract visitors
and residents from across the community by creating a lively, interesting social environment in
the Village. The project supports walkability and mobility by locating residential and
commercial land uses. Additionally, the proposed project is located 0.15 miles from the
Carlsbad Village Transit Station, which provides rail and bus service throughout the day.
7. That the requested use is not detrimental to existing uses or to uses specifica lly permitted in the
zone in which the proposed use is to be located in that the Hospitality (HOSP) District of the
Village and Barrio Master Plan (VBMP} allows for a variety of permitted and conditionally-
permitted uses, including uses similar to those uses allowed within the HOSP District with the
approval of a conditional use permit such as Cinema, Theater, Place of Worship, and Quasi-
public uses. The surrounding properties are also located within the VBMP and include uses such
as restaurants, retail, residences, an urban park and a church campus. The event center/public
assembly use will not be detrimental to the existing uses or uses specifically permitted in the
VBMP because the use will be conditioned to limit the hours of operation of the use, limit the
impact of noise impacts, and be conditioned to utilize parking management strategies proposed
by the applicant, which includes the use of off-site parking lots, valet service to maximize the
capacity of those lots, and shuttle services to off-site parking lots. The shared/leased parking
arrangement proposed to accommodate the parking needs for the event center is consistent
with Village and Barrio Master Plan goals and policies {l.5.2 {8)(4)) to maximize the efficient
use of existing off-street parking. Given the variety of the surrounding land uses and the
conditions of approval included in this resolution, the operation of an event center/public
assembly use within the proposed building will not be detrimental to existing uses or uses
permitted in the VBMP.
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 t he City Planner, planning
commission or Cit y Council, in order to integrate the use with other uses in the neighborhood, in
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
that the project can be fit within the proposed development area without the need for any
development standard modifications. Furthermore, to ensure compatibility of the project with
the surrounding community, the project has been designed to incorporate all of the required
development standards of the Village and Barrio Master Plan (VBMP) and Hospitality (HOSP)
District: and the setbacks and massing of the proposed structure lessen impacts to coastal views
and sight corridors while the landscaping proposed by the project will visually enhance the
surrounding public streets and areas within the site including upper-story terraces of the
building.
9. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project will take access from Beech Avenue, just west
of the intersection with Carlsbad Boulevard. The existing street system is designed to
adequately handle the 1,065 Average Daily Trips (ADT) generated by the project and no
additional improvements are required. The project also proposes utilizing valet parking for
larger events, which will ensure that incoming visitors to the event center do not impact street
traffic as they reach the site. New curb, gutter, sidewalks, and landscaping along the Beech
Avenue street frontage, including expanding the sidewalk width along Beech Street.
Coastal Development Permit, CDP 2024-0032
10. That the proposed development is in conformance with the Village Area Segment of the Certified
Local Coastal Program (LCP) and all applicable policies, in that the Local Coastal Program (LCP)
Land Use designation for the property is Village Barrio (V-B); and the LCP Zoning designation is
Village Barrio (V-B) consistent with both the city's General Plan Land Use and Zoning
designations. The Village and Barrio Master Plan implements the V-B land use designation.
Retail and restaurant uses are allowed by right within the HOSP District of the Village and Barrio
Master Plan, and the event center/public assembly use is similar to those uses allowed within
the HOSP District with the approval of a conditional use permit (CUP 2024-0010).
11. 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 commercial project will not interfere with the public's right to physical access to the ocean
and, furthermore, the site is not suited for water-oriented recreation activities.
12. That the project is consistent with the provisions of the Coastal Resource Protect ion Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the three-story commercial 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. The is no riparian habitat within the site. Therefore, there will be no impacts to
native habitat.
General
13. 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 Sept.
17, 2025 including, but not limited to the following:
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
a. Land Use & Community Design, Goal 2-G.2 -The proposed project includes a request to
demolish three single-story buildings and construct a new 18,606-square-foot, 42.5-foot-
tall commercial structure compliant with the Village & Barrio Master Plan. The site can be
adequately served by existing utilities and is convenient to public transit including bus stops
and the Carlsbad Village Train Station all located within 0.25 miles from the project site.
b. Land Use & Community Design, Goal 2-G.3 -This commercial project is proposed on a
developed site in an area of urban development. The project will provide the city and region
with new opportunities to access retail, restaurant, and event space. Properties within the
vicinity of the project site consist of a mixture of residential, commercial, public, and quasi-
public uses as permitted within the Hospitality and Village Center District of the Village and
Bario Master Plan.
c. Land Use & Community Design, Goal 2-G.17 -The three-story, 42.5-foot-tall, 18,606-square-
foot commercial building is proposed on a 0.51-acre lot in the Village and Barrio Master Plan
area. The site is surrounded on all sides by urban development and uses, including a three-
story, commercial and residential mixed use building the east which measures
approximately 39 feet tall. Other three story residential, hotel and mixed-use building are
located south on Carlsbad Boulevard in this area of the Village.
d. Land Use & Community Design, Goal 2-G.30 -The proposal to construct a 18,606-square-
foot commercial building would enhance the vitality of the Village by providing new
opportunities for gatherings and activities as well as new spaces for restaurants and retail
shops. The project would provide a variety of opportunities for creating lively, interesting
social environments. The project's proximity to existing bus routes and other mass transit
including the Village Station helps to further the goal of providing new economic
development near transportation corridors.
e. Mobility, Goal 3-G.3 -The proposed project has been designed to meet circulation
requirements, which include maintaining or enhancing frontage improvements consisting
of new curb, gutter, sidewalks, and landscaping along Beech Avenue. The proposed project
is located less than one-quarter mile from the Carlsbad Village train station, which provides
rail and bus service throughout the day.
f. Public Safety, Goal 6-G.1-The proposed project is not located in any Very High Fire Severity
Zone, Flood Zones, or Earthquake Fault Zones. The proposed structural improvements
would be required to meet all seismic design standards at the time of building permit in
accordance with the California Building Code. The Fire Department has approved the
proposed conceptual building design with fire sprinklers included throughout the building
per the National Fire Protection Association (NFPA) standards. Therefore, the proposed
project is consistent with the applicable fire safety requirements.
g. Public Safety, Policy 6-P.6 -The project has been conditioned to develop and implement a
program of "best management practices" for the elimination and reduction of pollutants
which enter and/or are transported within storm drainage facilities.
h. Public Safety, Policy 6-P.34 -The project is required to comply with all Building and Fire
codes to ensure that fire protection standards are met by the proposed structures.
Therefore, the proposed project is consistent with the applicable fire safety requirements.
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
i. Public Safety, Policy 6-P.39 -The project is required to construct or pay applicable fees for
necessary improvements, public utilities, and facilities in accordance with Growth
Management requirements; Fire Station No. 1 is located within emergency response
timeframes; and the project will not affect the city's ability to implement its Emergency
Operations Plan.
j. Sustainability, Policy 9-P.1 -The project implements and is consistent with measures
identified in the Climate Action Plan (CAP) through the provision of renewable energy
generation (photovoltaic systems), energy conservation (Green Building Code), and by
accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and
features. At building permit, the project will also be reviewed for compliance with the CAP
ordinances.
14. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 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 Pol icy No. 17 and will be collected prior
to the issuance of building permit.
b. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
15. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any addit ional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
16. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
17. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted city standards.
18. That the project is consistent with the city1s 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, t hat 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.
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
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 the building or grading permit
whichever occurs first. All references to the "Site Plan" reference the project plans dated Sept.
17, 2025, attached as Exhibits 9 and 10 of the Planning Commission Staff Report dated Sept. 17,
2025.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over t ime, 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 t heir
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,
Conditional Use Permit, and Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, al l corrections and
modifications to the Site Development Plan, Conditional Use Permit, 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 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-l ieu thereof, imposed by this approval or imposed by law on this project are challenged,
this approval shall be suspended as provided in Government Code §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, direct ly or indirect ly,
from (a) city's approval and issuance of this Site Development Plan, Conditional Use Permit, and
Coastal Development Permit (b) city's approval or issuance of any permit or action, whether
discretionary or nondiscret ionary, 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 t he city's approval is not validated.
6. Prior to submitting 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 (Project Site Plan
or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
by the final decision making body. The copy shall be submitted to t he 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 fulfil l this condition.
7. This project shall comply with all conditions and mitigation measures which are req uired as part
of the Zone 1 Local Faci lities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. This approval sha ll become null and void if building or grading 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 shal l 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 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.
11. Prior to issuance of the Building Permit, Developer sha ll 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 t he City Planner, notifying all interested
parties and successors in interest t hat the City of Carlsbad has issued a Site Development Plan,
Conditional Use Permit, 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 condit ions 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 w ith the approved
Preliminary Landscape Plan and t he city's Landscape Manual. Developer shall construct and install
all landscaping and irrigation as shown on the approved Fina l Plans. Al l 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 w ithout 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 t he Planning Division and accompanied by the project's building,
improvement, and grading plans.
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
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.
18. At all times, the Owner, Developer, or Operator shall comply with the following conditions
applicable to the event center's parking facilities:
a. The project is required to provide Electric Vehicle (EV) parking and Americans with
Disabilities Act (ADA) parking in compliance with the California Building Code (CBC) and
California Green Building Standards Codes. These spaces shall be provided on site, or
within the adjacent parking lot to the west (2775 Carlsbad Blvd.) with a recorded shared
parking agreement to utilize the adjacent parking lot (See Condition #18-g). The
required amount of EV and ADA parking provided is to be based on the parking
requirement of 90 total parking spaces. Should the required EV or ADA parking be
constructed off-site on the adjacent parking lot (2775 Carlsbad Blvd.), for the purpose
of compliance with California Building Code, the properties shall be combined and held
as one parcel by a lot tie agreement or adjustment plat or otherwise be linked through
a consent agreement to the satisfaction of the Building Official and City Planner.
b. Parking facilities that provide valet services shall provide at least one passenger drop-
off and loading zone complying with Section 118-503.
c. The total number of guests attending an event, such as a wedding, birthday party,
anniversary party, retirement party or similar event held on the second floor and or
third floor of the structure shall not exceed 250 guests.
d. On-site and off-site parking shall substantially comply with the parking plan as shown
in the Community Impact and Parking Report included in Exhibit 5 of the staff report.
This includes the use of the adjacent parking lot (2775 Carlsbad Blvd.) for any event that
accommodates up to 100 guests, the use of the adjacent parking lot (2775 Carlsbad
Blvd., Condition 18(g)), with a valet service for events between 101 and 150 guests, and
the use of the adjacent parking lot (2775 Carlsbad Blvd.) and the parking lot at 2333
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
State Street (Condition 18(f)) with either a shuttle service or valet service for events
between 151 and 250 guests.
e. In order to encourage event guests to utilize remote parking locations and valet or
shuttle parking services, parking services are to be provided by a fee of no more than
$5.00 per vehicle. Any additional operating costs of the valet service and related
expenses shall be borne by the Owner, Developer, or Operator, or entity hosting the
event. This condition shall not be construed to prohibit gratuities provided to the valet
drivers. Cash and vehicle keys must be protected by a valet key box or stored inside
a lockable valet podium. The valet fee may be raised, subject to approval by the City
Planner, in response to submitted economic data that validates general yearly price
increases for the county or region.
f. The Owner, Developer, or Operator or entity hosting the event shall obtain and secure
general liability insurance, "garage keepers" legal liability insurance, and workmen's
compensation insurance (min. as required by state law).
g. Prior to the issuance of building permits, the owner or designee shall submit for review,
and shall obtain the approval of the City Attorney or designee for, a shared parking
agreement between the event center Owner, Developer, or Operator and the owner of
the St. Michaels-by-the-Sea Episcopal Church (referred to as adjacent parking lot)
located at 2775 Carlsbad Blvd., for the exclusive use of no less than 39 parking spaces
in the parking lot accessed from Beech Avenue, during the following hours: 12:00 p.m.
(noon) to 1:00 a.m., exclusive of, Palm Sunday through Easter Sunday, Christmas, and
Christmas Eve, or as otherwise determined by the City Planner or designee. The shared
parking agreement shall restrict the use of the land on which the off-site parking is
located for the duration of the use for which that parking is provided. Following
approval of the agreement by the City Attorney or designee, the owner or designee shall
have the parking agreement filed with the office of the San Diego County Recorder;
prior to the issuance of the first permit, the owner or designee shall furnish a copy of
the recorded agreement to the Community Development Department.
h. Prior to any event held on the project site that accommodates over 150 guests, the
owner or designee shall submit for review, and shall obtain the approval of the City
Attorney or designee for, a shared parking agreement between the event center Owner,
Developer, or Operator and the owner of The Reserve office building at 2333 State
Street, for the exclusive use of no less than 40 parking spaces in the parking lot accessed
from State Street, during the following hours: 12:00 p.m. to 1:00 am Saturday and
Sunday, and between 6:00 pm and 1:00 am Monday through Friday or as otherwise
determined by the City Planner or designee. The shared parking agreement shall restrict
the use of the land on which the off-site parking is located for the duration of the use
for which that parking is provided. Following approval of the agreement by the City
Attorney or designee, the owner or designee shall have the parking agreement filed
with the office of the San Diego County Recorder; prior to any event held on the project
site that accommodates over 150 guests, the owner or designee shall furnish a copy of
the recorded agreement to the Community Development Department. Events that have
an attendance capacity of between 151 and 250 guests shall not take place outside the
hours that The Reserve parking lot is available for use by the event center. If a parking
agreement cannot be reached or is later rescinded by the property owner of The
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
Reserve office building at 2333 State Street, then the event center shall be limited to
150 guests.
19. The event center shall obtain and maintain approval of an Entertainment License, as defined
and required by Chapter 8.09 of the Carlsbad Municipal Code. If there is a conflict between the
standards of Chapter 8.09 and the operational standards established by the conditions of this
resolution, the standards of this resolution shall prevail.
20. At all times, the Owner, Developer, or Operator shall comply with the following conditions
applicable to noise:
a. Any noise created from the event center shall not exceed 75 maximum level, dB; or a
55 hourly Leq, dB during daytime hours (from 7 a.m. to 10 p.m.). Nighttime noise (10
p.m. to 7 a.m.) is restricted to 65.0 maximum level, dB; or 45 hourly Leq. Each of the
noise levels shall be lowered by 5 dB for simple tone noises, noises consisting of
primarily speech or music, or for recurring impulsive noises. These standards apply to
the noise sources themselves, as measured at the edge of the property line of the
source/sensitive use.
b. A noise report from the operator shall be provided to the City Planner within three
months of the first event confirming that noise created by the use after 10:00 p.m. is
compliant with this requirement. If compliance has not been shown to the satisfaction
of the City Planner, all amplified sound associated with the use shall end at 10:00 pm
from that date on.
c. For any event type that has amplified equipment, the Owner, Developer, or Operator
or entity hosting the event shall designate a single point of contact for noise
management, to check compliance with noise limits, and to assess the impact of noise
sources and what controls are needed.
d. To the extent feasible, employ sound limiters that automatically cut audio if it exceeds
noise limit thresholds.
e. Event center activities shall conclude no later than 12:00 a.m. (midnight) Friday and
Saturday, and 11:00 p.m. Sunday through Thursday, except for events held on New
Year's Eve which shall conclude no later than 1:00 am. The Owner, Developer, or
Operator or entity hosting the event shall wrap up amplified sound before quiet hours
begin.
f. In order to keep noise levels down, position sound equipment away from windows. All
exterior doors and windows shall be closed no later than 10:00 p.m. until the conclusion
of the event taking place.
21. The operation of the third-level seating and bar service area shall only operate in connection to
the event center/public assembly use or in direct association with a restaurant use operating
on site and consistent with the Village and Barrio Master Plan definition of "Restaurant". This
resolution does not authorize or allow for a Bar or Cocktail Lounge use of this area, which is not
part of a restaurant or other approved use, per the Village and Barrio "Expressly Prohibited
Uses" or Table 2-1.
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
22. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, Developer shall:
a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground
disturbing activities. In the event cultural resource material is encountered, the
archaeologist is empowered to temporarily divert or halt grading to allow for
coordination with the Luiseno Native American monitor and to determine the
significance of the di scovery. The archaeologist shall follow all standard procedures for
cultural resource materials that are not Tribal Cultural Resources, in accordance with
applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural
and Paleontological Resources Guidelines (2017).
b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other Luiseno Native American tribe that meets all standard requirements of
the tribe for such Agreements, in accordance with applicable laws and regulations
including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources
Guidelines (2017). This agreement will address provision of a Luiseno Native Am erican
monitor and contain provisions to address the proper treatment of any Tribal Cultural
Resources and/or Native American human remains inadvertently discovered during the
course of the project. The agreement will outline the roles and powers of the Luiseno
Native American monitor and the archaeologist
Engineering:
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
23. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer sha ll apply for and obtain approval from, the city engineer for the
proposed haul route.
24. 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.
25. The developer shall complete processing of an adjust ment plat for the consolidation of lot lines
between the two parcels as shown on the site plan. Should the required EV or ADA parking be
constructed off-site on the adjacent parking lot (2775 Carlsbad Blvd.), a separate covenant and
agreement shall also be recorded to hold the parcels described above as one parcel with the
parking lot to maintain common ownership and control of the properties or otherwise be
linked through a consent agreement.
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
26. Developer shall include rain gutters on the building plans subject to the city engineer's review
and approval. Developer shall install rain gutters in accordance with said plans.
27. Developer shall install sight distance corridors at all street intersect ions 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 Carlsbad Boulevard and Beech Avenue as
shown on the Tentative Map/Site Plan.
29. Prior to building permit issuance, the developer sha ll show proof of recorded grant deed of the
adjustment plat.
30. Prior to building permit issuance developer shall show all transportation demand management
infrastructure measures on the building plans.
Fees/ Agreements
31. 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.
32. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
33. 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.
34. Developer shall implement all Transportation Demand Management strategies per t he project's
Transportation Demand Management Plan.
35. Prior to building permit issuance, the Developer shall have a consultation w ith city staff
regarding submittal of the final TDM Plan.
36. Prior to occupancy, the Developer shall submit a final Transportation Demand Management
Plan to the satisfaction of the City Engineer.
37. Prior to occupancy, the developer shall install transportat ion demand management
infrastructure measures, in accordance with t he 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.) Public Bike Parking
Grading
38. Based upon a review of the proposed grading and the grading quantities shown on t he 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 al l applicable
grading plan review and permit fees per the city's latest fee schedule.
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
39. Prior to issuance of t he grading permit, the contractor shall submit a Construction Plan to the
city engineer for review and approval. Said Plan may be required to include, but not be limited
to, identifying the location of the construction trailer, material staging, bathroom facilities,
parking of construction vehicles, employee parking, construction fencing and gates, obtaining
any necessary permission for off-site encroachment, addressing pedestrian safety, and
identifying time restrictions for various construction activities.
Storm Water Quality
40. 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 t he
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.
41. 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.
42. 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 w ith final grading plans. Developer shall pay all applicable SWQMP plan review
and inspection fees per the city's latest fee schedule.
43. 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
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 t he 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
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
install and shall post security in accordance with Carlsbad Municipal Code 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. 8" PVC Waterline
b. Water Services
C. Fire Service & Appurtenances
d. 6" Fire Hydrant
e. Sewer Lateral & Cleanout
f. Sidewalk
g. Curb and Gutter
h. Driveway
i. 3" AC Grind and Overlay
j. D25 Outlet
k. Tree Well
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 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
48. 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
49. Developer shall design and agree to construct public facilities within public right-of-way or
within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
SO. 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.
51. The developer shall agree to install sewer laterals and clean-outs at locations approved by the
city engineer. The locations of sewer laterals sha ll be reflected on public improvement plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
1. 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.
Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
2. Developer shall pay traffic impact and sewer impact fees based on Chapters 18.42 and 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
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 §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 Sept. 17, 2025, by the following vote, to wit:
AYES: Meenes, Hubinger, Foster, Burrows, Fitzgerald.
NAYES: Lafferty.
ABSENT: Merz.
ABSTAIN: None.
ROY MEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAE L STRONG, Assistant Director of
Community Development