HomeMy WebLinkAbout2014-01-15; Planning Commission; Resolution 7030
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SCENIC CORRIDOR SPECIAL USE
PERMIT, SCENIC CORRIDOR SPECIAL USE PERMIT AMENDMENT, MINOR
SITE DEVELOPMENT PLAN, NON-RESIDENTIAL PLANNED DEVELOPMENT
PERMIT, MINOR CONDITIONAL USE PERMIT AND TENTATIVE PARCEL
MAP TO ALLOW FOR THE RECONFIGURATION OF FOUR INDUSTRIAL
LOTS ON 9.9 ACRES OF LAND, THE DEVELOPMENT OF 143,100 SQUARE
FEET OF PLANNED INDUSTRIAL/OFFICE SPACE WITHIN TWO THREE-
STORY BUILDINGS, A 3,995 SF SATELLITE ANTENNA ENCLOSURE, A 5,386
SF MECHANICAL/TRASH ENCLOSURE, AT-GRADE PARKING, AND A
LARGE CENTRALIZED PLAZA. THE PROJECT ALSO INCLUDES A
PEDESTRIAN TRAFFIC SIGNAL WITH CROSS WALK, A BUS STOP WITH
TURN OUT, MISCELLANEOUS IMPROVEMENTS WITHIN THE EL CAMINO
REAL PUBLIC RIGHT-OF-WAY, AND MINOR MODIFICATIONS TO VIASAT’S
EXISTING CAMPUS ON PROPERTY GENERALLY LOCATED SOUTH OF
PALOMAR AIRPORT ROAD, ON BOTH THE EAST AND WEST SIDES OF EL
CAMINO REAL, JUST NORTH OF GATEWAY ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 17. THE PROJECT IS WITHIN THE SCOPE OF THE
PREVIOUSLY CERTIFIED BRESSI RANCH MASTER PLAN PROGRAM EIR
(EIR 98-04).
CASE NAME: VIASAT EXPANSION
CASE NO: SUP 13-03/SUP 98-03(C)/SDP 13-05/PUD 13-09/
MCUP 13-13/MS 13-07
WHEREAS, Smith Consulting Architects, “Applicant,” has filed a verified application with
the City of Carlsbad regarding property owned by Pivotal 650 California Street, LLC, an Arizona limited
liability Co., “Owner,” described as
Lots 10 - 13 of Carlsbad Tract CT 02-15 Bressi Ranch, in the City of
Carlsbad, County of San Diego, State of California, according to Map
thereof No. 14960, filed in the Office of the County Recorder of San
Diego County, February 4, 2005
("the Property"); and
WHEREAS, said verified application constitutes a request for a Scenic Corridor Special
Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site Development Plan, Non-
residential Planned Development Permit, Minor Conditional Use Permit, and Tentative Parcel Map as
shown on Exhibits “A” – “GG” dated January 15, 2014, on file in the Planning Division, VIASAT
EXPANSION – SUP 13-03/SUP 98-03(C)/SDP 13-05/PUD 13 -09/MCUP 13-13/MS 13-07, as provided by
Chapters 21.40, 21.06, 21.47, 21.42 and Title 20 of the Carlsbad Municipal Code; and
PLANNING COMMISSION RESOLUTION NO. 7030
PC RESO NO. 7030 -2-
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WHEREAS, the Planning Commission did on January 15, 2014 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 all persons desiring to be heard, said Commission considered all factors relating to
the Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site
Development Plan, Non-residential Planned Development Permit, Minor Conditional Use Permit, and
Tentative Parcel Map.
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) That based on the evidence presented at the public hearing, the Commission
APPROVES VIASAT EXPANSION – SUP 13-03/SUP 98-03(C)/SDP 13-05/PUD 13 -
09/MCUP 13-13/MS 13-07, based on the following findings and subject to the following
conditions:
Findings:
Scenic Corridor Special Use Permit (SUP 13-03)
1. The proposed project conforms to the intent of the Scenic Preservation Overlay Zone in that the
project complies with all applicable provisions of the El Camino Real Corridor Development
Standards except as discussed in the staff report by 1) supporting the planned “campus type”
research, business, service center design theme, and 2) providing adequate setbacks from El
Camino Real to preclude a “tunnel effect” of buildings along the roadway. The project does
not obscure scenic views or impair traffic safety along El Camino Real.
2. The proposed project is consistent with the General Plan, Local Coastal Program, and applicable
Master or Specific Plans in that the property is proposed to be developed with an
industrial/office use consistent with the Planned Industrial (PI) General Plan Land Use
designation and the Bressi Ranch Master Plan.
3. The proposed project will not adversely affect the scenic, historical, or cultural qualities of the
property in that there are no views of notable landmarks, mountains or other unique
topographical features either on the property or as seen from the property to preserve nor
are there any areas of significant historical or cultural value on the property.
El Camino Real Corridor Development Standards Deviations
4. That compliance with a particular standard (Building Height) is infeasible for a particular project
in that the project site is partially located within the McClellan-Palomar Airport Flight Activity
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Zone that precludes development in the northern portion of the site and therefore reduces
the project site’s buildable area. In compliance with the El Camino Real Corridor
Development Standards for Area 4, the project includes a large centralized plaza amenity
consistent with the “campus type” design theme which is formed by the two proposed
buildings which are separated by 280 feet, thereby eliminating the undesirable tunnel effect
which could be created by tall buildings close to El Camino Real. One large building would not
provide the campus environment desired by the standard and the two 45 foot tall buildings
are superior in design to one large building. Furthermore, the Bressi Ranch Master Plan
encourages development closer to the street with parking located behind the buildings. The
building fronting onto El Camino Real could be built to the 35 foot height limit, but it would
require another building to be located on the site in order to utilize the lot to its fullest
capacity. Two three story buildings provide for the larger centralized plaza with a walkable
link between them versus more buildings.
5. That the scenic qualities of the corridor will continue to be maintained if the standard is not
fulfilled in that a deviation in building height from 35 feet to 45 feet for Building 10 will not
affect the scenic qualities of the corridor as this section (Area 4) of the El Camino Real
Corridor is essentially a plateau and has little scenic value worthy of preservation.
6. That the project will not have an adverse impact on traffic safety in that Building 10 will not be
located within the path of travel for any vehicles nor does building height have any impact on
traffic safety.
7. That the project is designed so as to meet the intent of the scenic preservations overlay zone in
that the two, three story industrial/office buildings located around a large centralized plaza
have been designed in a desired “campus” style.
Scenic Corridor Special Use Permit Amendment (SUP 98-03(C))
8. The proposed project conforms to the intent of the Scenic Preservation Overlay Zone in that the
minor modifications to the site plan for Parcel 1 comply with all applicable provisions of the El
Camino Real Corridor Development Standards by 1) supporting the existing planned “campus
type” research, business, service center design theme by providing a visual and physical link
between ViaSat’s main campus and Bressi Ranch Buildings 10 & 11, and 2) none of the
proposed modifications include the construction of new buildings that require special
setbacks from El Camino Real to preclude a “tunnel effect” of buildings along the roadway.
9. The proposed project is consistent with the General Plan, Local Coastal Program, and applicable
Master or Specific Plans in that the proposed modifications to the site plan for Parcel 1 are
located within an existing developed project with an industrial/office use consistent with the
Planned Industrial (PI) General Plan Land Use designation and the Bressi Ranch Master Plan.
10. The proposed project will not adversely affect the scenic, historical, or cultural qualities of the
property in that there are no views of notable landmarks, mountains or other unique
topographical features on the property or as seen from the property to preserve nor are there
any areas of significant historical or cultural value on the previously developed property.
. . .
. . .
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Minor Site Development Plan (SDP 13-05)
11. 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, and all
other applicable provisions of Title 21 and the Bressi Ranch Master Plan, in that the project
design complies with the requirements of the Bressi Ranch Master Plan and Title 21 except for
a deviation in building height (from the El Camino Real Corridor Development Standards) for
Building 10 as discussed above and in the staff report. The Bressi Ranch Master Plan was
found to be in compliance with the General Plan and contains a detailed description of the
plan’s compliance with the General Plan in Section III.A of the staff report.
12. 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 project consists of the development of two, three-story industrial/office buildings,
surface parking, employee eating areas, and other necessary improvements situated on a 9.9-
acre previously graded site located at the northeast Corner of El Camino Real and Gateway
Road. The industrial/office project with a Planned Industrial General Plan Land Use
designation is compatible with existing industrial/office projects that are located throughout
the area and within the Bressi Ranch Master Plan. The project is consistent with the General
Plan as discussed in Section “A” of the staff report. Furthermore, the proposed
industrial/office project will not be detrimental to existing uses or to uses specifically
permitted in the area in which the use is located in that, the industrial/office project is a use
permitted within the P-M zone and is compatible with the industrial/office projects to the
north, south, east and west. The two industrial/office buildings are properly related to the
site surroundings and environmental settings in that the project complies with all
development standards of the P-M zone and will result in no environmental impacts. The
project will not adversely impact the site, surroundings, or traffic circulation in that the
project complies with all applicable development standards with the exception of Building
10’s height (45’) which does not comply with the El Camino Real Corridor Development
Standards and is adequately parked onsite. The project is requesting a deviation to the El
Camino Real Corridor Building Height Standards as allowed by the El Camino Real Corridor
Development Standards. The existing surrounding streets which are fully improved have
adequate capacity to accommodate the 2,004 Average Daily Trips (ADT) generated by the
project.
13. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all development standards of the Planned Industrial Zone (P-M)
and the Bressi Ranch Master Plan as demonstrated in the staff report, including setbacks,
building coverage, landscaping requirements, parking, and height restrictions.
14. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the proposed two three-story
industrial/office buildings, surface parking, employee eating areas, and other necessary
improvements can fit within the developable area of the lot and all applicable development
standards have been met. Landscaping and earth berms are proposed to screen the parking
areas. Adequate vehicle circulation has been provided to accommodate safety and truck
turning movements. Access to the site will be provided by three separate driveways onto
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Gateway Road and Campbell Place. Pedestrian connections to the overall pedestrian
circulation system of Bressi Ranch have been provided.
15. That the street system serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the proposed use is consistent with the use
analyzed in the circulation analysis prepared for Program EIR 98-04 for the Bressi Ranch
Master Plan.
Non-Residential Planned Development Permit (PUD 13-09)
16. The granting of this permit will not adversely affect and will be consistent with the code, the
general plan, applicable specific plans, master plans, and all adopted plans of the city and other
governmental agencies in that in that the subdivision of the project is consistent with the PI
(Planned Industrial) General Plan Land Use designation, the P-M (Planned Industrial) Zone
regulations, and the Bressi Ranch Master Plan (MP 178) (Industrial/Office Facilities
Development Standards & Design Guidelines) and all other relevant development standards
of the Planned Industrial (P-M) Zone and Title 20 and 21 regulations governing subdivisions
and the design of nonresidential planned developments with the exception of Building 10’s
building height which does not comply with the El Camino Real Corridor Development
Standards. The project is requesting a deviation to the El Camino Real Corridor Building
Height Standards as allowed by the El Camino Real Corridor Development Standards.
17. That the proposed use at the particular location is necessary and desirable to provide a service
or facility which will contribute to the general long-term well-being of the neighborhood and
community, in that the project provides the opportunity for two privately-owned
industrial/office buildings and will provide employment opportunities for local residents in
addition to being a compatible land use within an existing industrial/office park area.
18. That such project will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the vicinity, in
that the subdivision meets all applicable city standards and ordinances including the Airport
Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Airport and all public facilities
and services will be extended to the site. The subdivision includes all the necessary features
including setbacks, parking, employee eating areas, and landscaping to be compatible with
other existing and surrounding industrial development. Adequate access to the site will be
provided via El Camino Real, from Gateway Road, and Campbell Place. The nonresidential
planned development will not pose a safety hazard to the occupants of the industrial zone.
19. That the proposed non-residential planned development meets all of the minimum
development standards of the underlying zone, in that no variances from development
standards have been requested or required with the exception of Building 10’s building height
which does not comply with the El Camino Real Corridor Development Standards. The project
is requesting a deviation to the El Camino Real Corridor Building Height Standards as allowed
by the El Camino Real Corridor Development Standards. All required parking will be provided
onsite, all other required building heights are met, all setbacks are provided, and all required
outdoor employee eating/rest areas will be provided.
. . .
. . .
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Minor Conditional Use Permit (MCUP 13-13)
20. 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 allowing the
installation of the satellite antennas to serve ViaSat Inc. at the proposed site is an accessory
land use which is consistent with the area’s Planned Industrial (PI) General Plan Land Use
designation and the Bressi Ranch Master Plan (MP 178). Furthermore, the satellite dishes will
be screened by a seventeen foot tall enclosure to comply with Land Use Element aesthetic
objectives that seek to maintain and enhance Carlsbad’s appearance. The proposed satellite
dishes are directly associated with and integral to the permitted ViaSat Inc. research and
development use and will allow ViaSat Inc. to accommodate the continued development and
growth of their satellite communications business.
21. 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 satellite antennas are not
precluded by the project site’s Planned Industrial (P-M) zoning. The ground mounted
antennas will be located within the rear fifty percent of the lot; will not exceed twenty feet in
height; will not be used as a sign or advertising; will not be located in any required parking
area; and will not interfere with and are not readily visible to other surrounding uses as the
satellite antennas will be located within a 17’ tall equipment enclosure and screened by
landscaping.
22. That the site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the Planning Director in order to
integrate the use with other uses in the neighborhood in that the satellite antennas will be
located within an equipment enclosure that will be designed and constructed to match the
proposed office industrial buildings and complies with the P-M Zone, Bressi Ranch Master
Plan development standards and Section 21.53.140(e)(1) of the Carlsbad Municipal Code. The
equipment enclosure is also screened by landscaping to further reduce its visibility from
public view and its location within the parking lot will not impact the project site circulation
or reduce the total number of required parking spaces.
23. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that that the satellite dishes are associated with a proposed
research and development use (ViaSat Inc.) and will not generate additional vehicle trips
associated with the satellite antennas.
Tentative Parcel Map (MS 13-07)
24. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map
Act, and will not cause serious public health problems, in that the PI General Plan Land Use
designation allows for industrial/office lots. The lots being created satisfy all minimum
requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed
to comply with all other applicable regulations.
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25. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Planned Industrial (PI) development on the General
Plan, in that the subject property is surrounded by existing industrial/office buildings.
26. That the site is physically suitable for the type of the development since the site is adequate in
size and shape to accommodate the two three story industrial/office buildings in that the
proposed non-residential subdivision meets all development standards and design criteria
required by the P-M zone for the re-subdivision of the four standard lots including but not
limited to requirements for access, minimum lot size, lot width and setbacks.
27. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the developer has
delineated and preserved on the parcel map, all existing easements of record.
28. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
29. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat,
in that the project site has been previously graded and is surrounded by existing
development.
30. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City’s sewer and drainage standards and the project is conditioned to comply with
the National Pollutant Discharge Elimination System (NPDES) requirements.
General
31. The Planning Commission has determined that:
a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP178), a project
for which a program EIR was prepared, and a notice for the activity has been given,
which includes statements that this activity is within the scope of the program
approved earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA); [15168( c)(2) and (e)]; and/or
b. this project is consistent with the Master Plan cited above; and
c. the Bressi Ranch Master Plan Final EIR 98-04 was certified by the City Council on July
9, 2002 in connection with the prior project or plan; and
d. the project has no new significant environmental effect not analyzed as significant in
the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist.
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32. The Planning Commission finds that all feasible mitigation measures or project alternatives
identified in the EIR 98-04, which are appropriate to this Subsequent Project, have been
completed, incorporated into the project design or are required as conditions of approval for
this Subsequent Project.
33. That the Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements of the City’s General Plan, in that the proposed development consists of two
three-story industrial/office buildings which is consistent with the Bressi Ranch Master Plan
which implements the Planned Industrial (PI) General Plan Land Use Designation applied to
the property.
34. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 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. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 17 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
d. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This fee will be
used to construct recreational facilities to offset demand created by employees within
Local Facilities Management Zone 17.
35. The project is consistent with the Land Use Compatibility Plan (ALUCP) for the McClellan-
Palomar Airport, dated April 1994, in that the Federal Aviation Administration (FAA)
completed an aeronautical study under the provisions of the Code of Federal Regulations,
Part 77, (December 2013), which resulted in a determination that the proposed project does
not exceed obstruction standards, would not be a hazard to air navigation, and no special
lighting or markings on the buildings are necessary for aviation safety. The site is however,
subject to the limitations on intensity of use because the project is partly located in the
Flighty Activity Zone (FAZ) and Runway Protection Zone (RPZ). As such, all assembly areas
defined as Group-A by the 2001 California Building Code are limited to a maximum occupancy
of 100 persons. The project is compatible with the projected noise levels of the ALUCP; and,
based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is
compatible with the airport, in that the property is located outside of the 60 db(A) CNEL
contour.
36. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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37. 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: All conditions shall be satisfied prior to grading permit, building permit or recordation of parcel
map, whichever comes first, or as specified in the condition, unless an alternate construction
schedule has been approved by the appropriate division manager or official.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City’s approval of this Scenic
Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor Site
Development Plan, Non-Residential Planned Development Permit, Minor Conditional Use
Permit and Tentative Parcel Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit
Amendment, Minor Site Development Plan, Non-Residential Planned Development Permit,
Minor Conditional Use Permit and Tentative Parcel Map documents, as necessary to make
them internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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 Scenic Corridor Special Use Permit, Scenic Corridor
Special Use Permit Amendment, Minor Site Development Plan, Non-Residential Planned
Development Permit, Minor Conditional Use Permit and Tentative Parcel Map, (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
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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. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the Tentative
Parcel Map and Site Plan reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including
any applicable Coastal Commission approvals).
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 17 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 within
24 months from the date 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. A note to this effect shall be placed on
the Final Map.
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
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 17, 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. Prior to the recordation of the parcel map, 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
Scenic Corridor Special Use Permit, Scenic Corridor Special Use Permit Amendment, Minor
Site Development Permit, Non-Residential Planned Development Permit, Minor Conditional
Use Permit and Tentative Parcel Map by Resolution No. 7030 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. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Special Use Permit document(s) necessary to make them internally
consistent and in conformity with final action on the project. Development shall occur
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substantially as shown in the approved Exhibits. Any proposed development, different from
this approval, shall require an amendment to this approval.
14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans and maintain all landscaping in a healthy and thriving condition, free from
weeds, trash, and debris.
15. 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.
16. Developer shall establish an owner's association and corresponding covenants, conditions and
restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final map approval. Prior to issuance of a building permit, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the City. The City shall have the right, but not the obligation,
to enforce those Protective Covenants set forth in this Declaration in favor of, or in
which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event that
the Association fails to maintain the “Common Area Lots and/or the Association’s
Easements” as provided in Article , Section the City shall
have the right, but not the duty, to perform the necessary maintenance. If the City
elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to be
completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
Easements. The City shall provide a copy of such invoice to each Owner in the Project,
together with a statement that if the Association fails to pay such invoice in full within
the time specified, the City will pursue collection against the Owners in the Project
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pursuant to the provisions of this Section. Said invoice shall be due and payable by the
Association within twenty (20) days of receipt by the Association. If the Association
shall fail to pay such invoice in full within the period specified, payment shall be
deemed delinquent and shall be subject to a late charge in an amount equal to six
percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without
limiting the generality of the foregoing, in addition to all other rights and remedies
available to the City, the City may levy a special assessment against the Owners of each
Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing lien
upon each Lot against which the special assessment is levied. Each Owner in the Project
hereby vests the City with the right and power to levy such special assessment, to
impose a lien upon their respective Lot and to bring all legal actions and/or to pursue
lien foreclosure procedures against any Owner and his/her respective Lot for purposes
of collecting such special assessment in accordance with the procedures set forth in
Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit “A“ – “GG.”
f. The required CC&Rs shall assign to a governing board the responsibility for reviewing
all future/proposed tenant improvements for the project to ensure that the number
of required parking spaces to accommodate the combined proportions of uses, based
on the parking ratios required pursuant to Chapter 21.44 of the Carlsbad Municipal
Code, does not exceed 527 spaces.
g. The location and size of all employee eating areas, parking areas, and landscaped
areas within the project, as shown on Exhibit “A - GG”, shall not be altered, reduced,
fenced, or divided to preclude the equal use by all owners/employees of the site.
h. Prior to submitting building plans for tenant improvements to the City of Carlsbad
Building Division, the governing board shall be required to approve the tenant
improvement plans for purposes of assuring an adequate distribution of parking
spaces.
i. All on-site parking and access aisles/driveways shall be shared between all uses in
perpetuity.
17. 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 Directors of
Community Development and Planning.
18. 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.
19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
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Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
20. 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.
21. All assembly areas defined as Group “A” by the 2001 California Building Code are limited to a
maximum occupancy of 100 persons. This restriction applies to all permitted uses, ancillary
uses, and uses allowed by a CUP.
Engineering
NOTE: All conditions shall be satisfied prior to grading permit, building permit or recordation of parcel
map, whichever comes first, or as specified in the condition, unless an alternate construction schedule
has been approved by the appropriate division manager or official.
General
22. 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.
23. 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.
24. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and preliminary grading and utility plan reflecting the conditions approved by the final decision
making body. The reproducible shall be submitted to the city planner, reviewed and, if
acceptable, signed by the city's project engineer and project planner prior to submittal of the
building plans, improvement plans, grading plans, or parcel map, whichever occurs first.
25. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private driveways, utilities,
sidewalks, street lighting, enhanced paving, water quality treatment measures, low impact
development features, and storm drain facilities located therein and to distribute the costs of
such maintenance in an equitable manner among the owners of the properties within this
subdivision.
26. 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.
27. Prior to approval of improvement plans, grading plans or final map, developer shall submit to
the city engineer written approval from North County Transit District (NCTD) demonstrating
mass-transit improvement requirements for this project have been satisfied.
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Fees/Agreements
28. 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.
29. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
30. 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.
31. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering a private storm water retention basin
located over a public drainage easement as shown on the tentative parcel map. Developer
shall pay processing fees per the city’s latest fee schedule.
32. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private storm drain and decorative
pavement located over a proposed general utility easement and a proposed water easement
as shown on the tentative parcel map, site plan and/or landscape plan. Developer shall pay
processing fees per the city’s latest fee schedule.
33. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private monument sign, decorative
concrete crosswalk and trellis structures located over existing and proposed public drainage,
right-of-way and/or pedestrian easements as shown on the tentative parcel map, site plan
and/or landscape plan. Developer shall pay processing fees per the city’s latest fee schedule.
34. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the associated
2002-01 (Poinsettia Lane East) Assessment District, or the assessments must be paid in full.
Developer shall pay all associated costs of said reapportionment. The application shall be
submitted to the city engineer with the application for the parcel map.
35. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Median Maintenance Agreement for median
improvements not in conformance with the Carlsbad Landscape Manual.
36. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement or other means acceptable to the city engineer for securing private cross lot
drainage, parking, and reciprocal access as shown on the tentative parcel map. Developer shall
pay processing fees per the city’s latest fee schedule.
. . .
. . .
. . .
. . .
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Grading
37. Based upon a review of the proposed grading and the grading quantities shown on the tentative
parcel map, a grading permit for this project is required for grading of lot 10, 11, 12 and 13 of
CT 02-15. Developer shall prepare and submit plans and technical studies/reports for city
engineer review, post security and pay all applicable grading plan review and permit fees per
the city’s latest fee schedule.
38. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to
the maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
39. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of
a Notice of Intent from the State Water Resources Control Board.
40. Prior to the issuance of grading permit or building permit, whichever occurs first, developer
shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP)
for development of lot 10, 11, 12 and 13 of CT 02-15. The TIER 3 SWPPP shall comply with
current requirements and provisions established by the San Diego Regional Water Quality
Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and
incorporate measures to reduce storm water pollutant runoff during construction of the project
to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city’s latest fee schedule.
41. The development of lot 10, 11, 12 and 13 of CT 02-15 per the tentative parcel map and site
plan is subject to ‘Priority Development Project’ requirements. Developer shall prepare and
process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule.
42. 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, treatment
control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
43. Developer shall submit documentation, subject to city engineer approval, demonstrating how
development of lot 10, 11, 12 and 13 of CT 02-15 per the tentative parcel map and site plan
complies with hydromodification requirements per the city’s SUSMP, latest version.
Documentation shall be included within the Storm Water Management Plan (SWMP).
. . .
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Dedications/Improvements
44. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public
street & public utility, general utility, water, and pedestrian purposes as shown on the
tentative parcel map and/or site plan. The offer shall be made by a certificate on the parcel
map or separate recorded document. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required to
be rededicated. Additional easements may be required at final design to the satisfaction of the
city engineer.
45. Developer shall design the private drainage systems, as shown on the tentative parcel map 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.
46. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative map. On-site improvements listed under “a” below
shall be processed by separate plan check and agreement from the improvements in El
Camino Real and Gateway Road listed under “b” and “c”. Said improvements shall be installed
to city standards to the satisfaction of the city engineer. These improvements include, but are
not limited to:
a. Installing on-site water and sewer facilities and abandon and remove water services
and sewer laterals from Gateway Road and Campbell Place as noted on the tentative
parcel map.
b. Installing a bus turn out on southbound El Camino Real.
c. Installing a pedestrian cross walk across El Camino Real at Gateway Road. Public
improvements include alterations to curb, gutter and sidewalk and the existing raised
median on El Camino Real, installation of a pedestrian actuated traffic signal,
installation of conduit and cable interconnect between the traffic signal at El Camino
Real and Palomar Airport Road and the proposed pedestrian traffic signal, street
striping and signs, a raised median on Gateway Road and pedestrian ramps.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
47. Developer shall design, and obtain approval from the city engineer, the structural section for
the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
48. On the parcel map, the property owner shall abandon a portion of the existing general utility
easement over lot 10 of CT 02-15 recorded per Map No. 14960 and shall remove abandoned
sewer facilities from said abandoned easement, all as shown on the tentative parcel map.
. . .
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49. Prior to approval of the improvement plans to install the trellis and decorative pavement over
the SDG&E easement and Bressi Ranch Homeowners Association landscape easement at the
southwest corner of Lot 10 of CT 02-15, the developer shall submit proof, to the satisfaction
of the city engineer, that each easement holder has been adequately informed of and
consents to the proposed encroachment.
Non-Mapping Notes
50. Add the following notes to the parcel map as non-mapping data:
A. Developer has executed a city Standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
i) Installing on-site water and sewer facilities and abandon and remove water
services and sewer laterals from Gateway Road and Campbell Place as noted
on the tentative parcel map.
ii) Installing a bus turn out on southbound El Camino Real.
iii) Installing a pedestrian cross walk across El Camino Real at Gateway Road.
Public improvements include alterations to curb, gutter and sidewalk and the
existing raised median on El Camino Real, installation of a pedestrian actuated
traffic signal, installation of conduit and cable interconnect between the
traffic signal at El Camino Real and Palomar Airport Road and the proposed
pedestrian traffic signal, street striping and signs, a raised median on Gateway
Road and pedestrian ramps.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
. . .
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Utilities
51. Developer shall design and 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.
52. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
53. The developer shall design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Division for
processing and approval by the district engineer.
54. 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.
55. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
56. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the tentative parcel map to the satisfaction of the district engineer
and city engineer.
Code Reminders
57. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
58. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
59. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
60. Any signs proposed for this development shall at a minimum be designed in conformance with
the City’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
61. This tentative map shall expire two years from the date on which the planning commission
voted to approve this application.
62. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan/tentative parcel map are for
planning purposes only.
. . .
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
NOTICE
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 January 15, 2014 by the following vote, to wit:
AYES:
NOES:
ABSENT:.
ABSTAIN:
Chairperson Black, Commissioners Anderson, L'Heureux, Schumacher,
Scully and Segall
Commissioner Siekmann
nJ8~
NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
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