HomeMy WebLinkAbout2018-10-03; Planning Commission; ; GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-0042) – OAKMONT OF CARLSBAD
Item No.
Application complete date: February 18, 2018
P.C. AGENDA OF: October 3, 2018 Project Planner: Paul Dan
Project Engineer: David Rick
SUBJECT: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-0042) –
OAKMONT OF CARLSBAD – Request for a recommendation of approval of a General Plan
Amendment, Zone Change, Specific Plan Amendment, Conditional Use Permit, and an
addendum to Environmental Impact Report (EIR 98-08) to change the land use
designation from Planned Industrial to Office, change the zone from Planned Industrial to
Office, amend the Carlsbad Oaks North Park Specific Plan SP 211(C) text, to apply Office
(O) zone standards and allow the construction and operation of a professional care facility
consisting of three buildings: a 128,745-square-foot three story main building above a
32,078-square-foot subterranean parking garage, a 42,749-square-foot memory care
building above a 15,921-square-foot subterranean parking garage, and a 4,208-square-
foot administration building, on a 6.38-acre lot, generally located on the northwest corner
of Faraday Avenue and El Fuerte Street, within Local Facilities Management Zone 16. The
City Planner has determined that this project would not result in any previously-
undisclosed significant environmental impacts or a substantial increase in the severity of
previously-disclosed impacts or additional significant impacts beyond those previously
addressed under EIR 98-08(A) for the Specific Plan, and does not create the conditions
requiring the preparation of a Subsequent or Supplemental EIR pursuant to CEQA
Guidelines Sections 15162 and 15163. Therefore, an Addendum to EIR 98-08 has been
prepared.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7310 RECOMMENDING
APPROVAL of a General Plan Amendment (GPA 2017-0003), Zone Change (ZC 2017-0001), and Specific
Plan Amendment (AMEND 2017-0011); 2) ADOPT Planning Commission Resolution No. 7311
RECOMMENDING APPROVAL of Conditional Use Permit (CUP 2017-0008); and 3) ADOPT Planning
Commission Resolution No. 7312 RECOMMENDING APPROVAL of a second Addendum to Environmental
Impact Report (EIR) 98-08, based on the findings and subject to the condition contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Project Site and Setting
The Carlsbad Oaks North Specific Plan (CONSP) area consists of approximately 414 acres north of Palomar
Airport Road and 1 ¼ mile east of El Camino Real. Within the boundary of the CONSP, approximately 220
acres is dedicated open space leaving approximately 194 acres for the street network and development
lots. The intent of the Specific Plan is to provide for the design, development and operation of a light
industrial complex of industrial, research and development, and office uses, with a land use plan and
development standards to ensure the development conforms to community goals and values and protects
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adjacent land uses from unfavorable impacts. The CONSP supersedes the development standards of the
underlying Planned Industrial (P-M) zoning designation of the properties within the Carlsbad Oaks North
business park. The Specific Plan established 23 lots for industrial development. All but the two lots (Lot 1
& Lot 2) that are separated from the other development lots by open space are accessed via streets or
driveways from Whiptail Loop to the north of Faraday Avenue. On September 27, 2016, the Carlsbad Oaks
North Specific Plan (SP 211(B)) was amended in Chapter III, Development Standards and Design
Guidelines, Section A.2, Permitted Uses – Auxiliary Uses, by removing the requirement for one of two lots
(Lot 1 or Lot 2) to be reserved for commercial support uses. Removal of the requirement for commercial
support uses on one of the lots did not preclude such development occurring on either of the lots. The
amendment allowed developers the flexibility to develop either light industrial or commercial support
uses on these lots.
All 23 lots were mass graded as part of the Phase I development of the CONSP area. The topography of
Lot 1 is generally flat with no slopes, with a slight decline towards the westerly property line. As mentioned
previously, Lot 1 and 2 are isolated from the remainder of the 21 lots. No entitlements have been applied
for on either lot, prior to this project.
Project Description
The project applicant, Oakmont Senior Living, is requesting approval for the development and operation
of a professional care facility for the elderly on Lot 1 of the CONSP. Professional care facilities provide a
pertinent service for a demand that is growing, and are defined as a facility in which food, shelter, and
some form of professional service is provided such as nursing, medical, dietary, exercising and other
medically-recommended programs per Carlsbad Municipal Code (CMC) Section 21.04.295. To
accommodate such a project within the CONSP, a General Plan Amendment to amend the land use
designation from Planned Industrial (PI) to Office (O), a Zone Change from Planned Industrial (P-M) to
Office (O) zone, and a Specific Plan Amendment to amend the text of the Carlsbad Oaks North Specific
Plan (SP 211(B)) are required. In addition, a Conditional Use Permit is required to allow the construction
and operation of the proposed facility within the Office (O) zone. Lastly, since the certification of
Environmental Impact Report (EIR 98-08), an Addendum has been prepared to provide clarification and
explanation supported by substantial evidence as to why the proposed change will not result in any new
impacts or any increase in severity of impacts originally addressed in EIR 98-08. Such requests for
professional care facilities are not uncommon within the city as the demand for senior care is a growing
trend.
Proposed development of the professional care facility is comprised of three detached buildings: a main
building, memory care building, and a marketing building. The main building, a 128,745-square-foot three-
story 115-bed unit, with a maximum height of 44’-6”, will be constructed above a 32,078-square-foot
subterranean parking garage containing 67 parking spaces. The memory care building, a 42,749-square-
foot two-story 54-bed unit, with a maximum height of 37 feet, will be constructed above a 15,921-square-
foot subterranean parking garage containing 32 parking spaces for employees only. The marketing
building, a 4,208-square-foot administration unit, will have a maximum height of 20 feet and no
subterranean parking garage. A future phase for the marketing building proposes to convert the space
into additional professional care rooms, with garage space. Architecturally, the three buildings reflect a
Mediterranean/Tuscan design by implementing tile roofs, natural earth tone stucco colors and similar
color stone treatments, complemented by mature trees and Mediterranean landscaping.
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A grading plan will be required for the 20,622 cubic yards (cy) of cut, 15,197 cy of fill, and 5,425 cy of
export to accommodate the subterranean parking and building pads. This amount of grading upon an
industrial site is common where underground parking is proposed. The site will provide two access points
for vehicles. The main access will be on the north end of the intersection of Faraday Avenue and El Fuerte
Street, and the second access off Faraday Avenue will be used only for emergency purposes and will
remain gated if not in use. Faraday Avenue will be improved by, but not limited to: street striping to
accommodate turn lanes, extension of Faraday Avenue turn lane, and modification of the intersection
traffic signal.
Table 1 below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE 1 – LAND USE DESIGNATION AND ZONING OF SITE AND SURROUNDING SITES
Location General Plan Designation Zoning Current Land Use
Site Planned Industrial (PI) Planned Industrial (PI) Vacant/Undeveloped
North Open Space (OS) Open Space (OS) Open space in a
conservation easement
South Planned Industrial (PI) Planned Industrial (P-
M)
Vacant/Undeveloped (Lot 2
of SP 211(C))
East Open Space (OS) Open Space (OS) Open space in a
conservation easement
West Open Space (OS) Open Space (OS) Open space in a
conservation easement
III. ANALYSIS
The proposed project is subject to the following ordinances, standards and policies:
A. General Plan Land Use Designation – Office (O);
B. Office (O) Zone (CMC Chapter 21.27);
C. Carlsbad Oaks North Specific Plan (SP 211(C));
D. Conditional Use Permit Regulations (CMC Chapter 21.42);
E. Parking Ordinance (CMC Chapter 21.44);
F. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP);
G. Habitat Management Plan; and
H. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone
16.
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
and policies is discussed in the sections below.
A. General Plan Land Use Designation – Office (O)
Currently, the project site has a Planned Industrial (PI) General Plan Land Use Designation, which is
intended to provide lands primarily for corporate office, research and development, and manufacturing
uses with ancillary commercial uses also permitted. The project proposes a General Plan Amendment
from Planned Industrial (PI) to Office (O) in order for the professional care facility use to be permitted on
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Lot 1. Table 2 identifies General Plan goals and policies applicable to the proposed project and describes
how the project is in compliance with those goals and policies.
TABLE 2 – GENERAL PLAN COMPLIANCE*
ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE, OR
PROGRAM
PROPOSED USES AND
IMPROVEMENTS
Comply
Land Use and
Community
Design
Goal 2-G.4
Promote balanced
neighborhoods with a
variety of housing types and
density ranges to meet the
diverse demographic,
economic and social needs
of residents, while ensuring
a cohesive urban form with
careful regard for
compatibility.
Policy 2-P.37
Require new development
located in the Airport
Influence Area (AIA) to
comply with the applicable
land use compatibility
provisions of the McClellan
Palomar Airport Land Use
Compatibility Plan (ALUCP)
through review and
approval of a site
development plan or other
development permit.
Unless otherwise approved
by City Council,
development proposals
must be consistent or
conditionally-consistent
with applicable land use
compatibility policies with
respect to noise, safety,
airspace protection, and
The proposed project consists of a
request for a General Plan
Amendment to change the General
Land Use designation from Planned
Industrial (PI) to Office (O) and a Zone
Change from Planned Industrial (P-M)
to Office (O) to allow the
construction and operation of a
professional care facility that will
provide shelter for Carlsbad residents
in need of social interaction activities,
medical care, dietary, exercising or
other medically-recommended
programs. Based on demographic
projections this is a demand that will
continue to grow. Providing such
services within Carlsbad at various
locations will meet the needs of
Carlsbad residents. The general plan
amendment will allow land uses that
will be compatible with uses
permitted on surrounding property
by using high quality building
materials, providing greater setbacks
from adjacent open space habitat,
and featuring strong architectural
relief and interest that avoids a
monotonous design. The amendment
is necessary to respond to changing
needs of the city and its inhabitants.
In addition, an amendment to Office
from Planned Industrial is not a
significant deviation that would usurp
the intent of the area.
The proposed project is located
within the ALUCP’s Airport Influence
Area (AIA) Review Area 1 which
requires new development to meet
Yes
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ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE, OR
PROGRAM
PROPOSED USES AND
IMPROVEMENTS
Comply
overflight notification, as
contained in the ALUCP.
Policy 2-P.41
Ensure that the review of
future projects places a high
priority on the compatibility
of adjacent land uses along
the interface of different
residential density and non-
residential intensity
categories. Special
attention should be given to
buffering and transitional
methods, especially, when
reviewing properties where
different residential
densities or land uses are
involved.
four criteria (noise, safety, airspace
protection, and over flight). Further
discussed in Section III-F of the Staff
Report, the project meets all four of
the criteria, making it compatible
with the ALUCP AIA development
standards.
The proposed land use changed and
specific use are compatible with
adjacent light industrial uses and
open space by using high quality
building materials, providing greater
setbacks from adjacent open space
habitat, and featuring strong
architectural relief and interest that
avoids a monotonous design.
Additionally, the Mitigation
Monitoring and Reporting Program
(MMRP) of the certified EIR 98-08
conditions the project to comply as
to naturally transition onto the lot
without additional impact.
Mobility Goal 3-G.4
Manage parking to support
all modes of transportation
and ensure efficient use of
land.
The request for a General Plan
Amendment to change the General
Land Use designation from Planned
Industrial (PI) to Office (O) will not
create any adverse effects on
mobility than what is already
anticipated. The proposed project
will generate an average daily trips
(ADT) of 466 which is lower than the
900 ADT EIR 98-08 analyzed for the
site. In addition, the project meets
the parking requirements for the
proposed use. A sidewalk and a class
2 bicycle facility exist on Faraday
Avenue. Furthermore, organized
shuttle buses offered by the facility
shall assist residents with various
needs at organized times, thus
reducing traffic and demand for
vehicle usage.
Yes
Noise Goal 5-G.2
Ensure that new
The request for a General Plan
Amendment to change the General
Yes
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ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE, OR
PROGRAM
PROPOSED USES AND
IMPROVEMENTS
Comply
development is compatible
with the noise environment,
by continuing to use
potential noise exposure as
a criterion in land use
planning.
Policy 5-P.12
Use the noise policies in the
McClellan-Palomar Airport
Land Use Compatibility Plan
(ALUCP) to determine
acceptability of a land use
within the airport’s
influence area (AIA) as
depicted in the ALUCP.
Land Use designation from Planned
Industrial (PI) to Office (O) is not in
conflict with the noise levels on the
site per the General Plan Noise
Element. Lot 1 will remain outside
the 60-70 CNEL noise contours per
the General Plan Noise Element. The
noise analysis for the project
concludes that with standard building
construction the noise levels of the
interior of the building and outdoor
activity areas will be below City
standards. In addition, the MMRP of
EIR 98-08 requires the project to
comply with the standard that is
currently in effect.
According to the ALUCP’s
Compatibility Map for Noise, the
project site is located outside the
60dB CNEL noise exposure range.
Therefore, no noise restrictions apply
to the proposed development as
further discussed in Section III-F of
the Staff Report.
Public Safety Goal 6-G.1
Minimize injury, loss of life,
and damage to property
resulting from fire, flood,
hazardous material release,
or seismic disasters.
Policy 6-P.34
Enforce the Uniform
Building and Fire codes,
adopted by the city, to
provide fire protection
standards for all existing and
proposed structures.
The request for a General Plan
Amendment to change the General
Land Use designation from Planned
Industrial (PI) to Office (O), will not
impact public safety given the type of
use and location. The proposed
buildings are designed to be in
conformance with drainage, flood
control and seismic design standards.
The project will meet all required
Building and Fire codes. In addition,
adequate fire access is provided at all
points around the building.
Yes
Sustainability Goal 9-G-2
Undertake initiatives to
enhance sustainability by
The request for a General Plan
Amendment to change the General
Plan Land Use designation from
Yes
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ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE, OR
PROGRAM
PROPOSED USES AND
IMPROVEMENTS
Comply
reducing the community’s
greenhouse gas (GHG)
emissions and fostering
green development patterns
– including buildings, sites,
and landscapes.
Policy 9-P.1
Enforce the Climate Action
Plan as the city’s strategy to
reduce greenhouse gas
emissions.
Planned Industrial (PI) to Office (O)
required an analysis of the potential
change in greenhouse gas emissions
as a result a Greenhouse Gas Analysis
was prepared for the professional
care facility. The conclusions of the
analysis is that the proposed facility
would produce approximately 863
MTCO2e annually. The projected
emissions are less than the 900
MTCO2e screening criterion. By
emitting less than 900 MTCO2e the
project will not contribute
considerably to cumulative climate
change impacts, and therefore does
not need to demonstrate consistency
with the CAP.
B. Office (O) Zone (CMC Chapter 21.27)
Currently, the underlying zone for Lot 1 is Planned Industrial (P-M). The project proposes a zone change
from Planned Industrial (P-M) to Office (O) in order to allow a professional care facility, with approval of
a Conditional Use Permit. Therefore, the proposed senior living facility will be subject to the development
standards of the Office (O) zone (CMC Chapter 21.27). Table 3 demonstrates the project’s consistency
with the required development standards of the Office (O) zone.
TABLE 3 – OFFICE ZONE DEVELOPMENT STANDARDS*
Standard Required Proposed Comply
Main
Building
Memory
Care Marketing Yes
Building Height 45’* 44’-6”
maximum
37’
maximum
20’ maximum Yes
Building Setbacks
Front Yard – one
story building 20’
N/A N/A 91’ Yes
Front Yard – two
or more story
building 40’
99’ 75’ N/A Yes
Building Setbacks Interior Side Yard
– one story
building: 10’
N/A N/A 75’ Yes
Interior Side Yard
– two or more
story buildings
66’ 60’ N/A Yes
Rear Yard: 10’ 66’ (from the closet building) Yes
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Parking/Driveway
Setbacks
Front Yard
(Prime Arterial –
Faraday Avenue):
30’
50’
Yes
Interior Side
Yard: 5’
10’ Yes
Rear Yard: 5’ 45’ Yes
Parking Area
Landscape
10% minimum 12.6% Yes
Parking Lot Trees 1 tree per 4
stalls:
64 surface
parking stalls ÷ 4
= 16 trees
required
21 trees Yes
Building Coverage 50% maximum 24.5% Yes
Walls A solid masonry
wall is required
along common
lot line of
adjacent
residentially
zoned property.
No residentially zoned property surrounds
the site.
Yes
Lighting Exterior lighting
is required for all
employee and
visitor parking
areas, walkways,
and building
entrances and
exits. Light
sources shall be
designed to
avoid direct or
indirect glare to
any off-site
properties or
public right-of-
way.
The project is conditioned to submit and
obtain city planner approval of an exterior
lighting plan including parking areas,
walkways, and building entrances and exits,
prior to the issuance of a building permit. All
lighting shall meet the California Green
Building Standards Code, be equipped with
vandal resistant covers, prevent off-site
glare, shall not exceed (0.5) foot-candle at
property line, and all exterior doors shall be
adequately illuminated at all hours of
darkness for safety. Furthermore, all lighting
is conditioned to be designed to reflect
downward and avoid any impacts on
adjacent property and open space.
* Pursuant to CMC Section 21.27.050.4, building setbacks for two or more story buildings above 35 feet
up to a maximum of 45 feet in height shall be increased at a ratio of one horizontal foot for every one foot
of vertical construction beyond 35 feet. The highest point of the main building is 44’-6” tall, and 37 feet
for the memory care building, which requires 9’-6” and two feet of additional building setback to be
applied on all sides of the property. Each building exceeds the requirement.
C. Carlsbad Oaks North Specific Plan Amendment 211(C)
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The proposed Specific Plan Amendment (AMEND 2017-0011) is the fourth amendment to the Carlsbad
Oaks North Specific Plan (CONSP) text is proposed to be updated in Chapter III, Development Standards
and Design Guidelines to apply the development standards of CMC Chapter 21.27, Office zone. The
amended Specific Plan is Exhibit “AMEND 2017-0011” of Planning Commission Resolution 7310.
This request does not set a precedence in amending Specific Plans. Often Specific Plans are amended to
allow plans to be updated as the needs and demands of the City’s community members change. In
addition, this amendment does not greatly deviate from the CONSP, since the development standards
and guidelines of the CONSP and the Office zone are quite similar. Therefore, the project does not cause
a significant deviation from the goals and policies of the Specific Plan, also analyzed in the Addendum.
D. Conditional Use Permit Regulations (CMC Chapter 21.42)
The proposed professional care facility is considered a conditionally-permitted use in the Office (O) zone
pursuant to CMC Section 21.27.020 Table A. The use requires Planning Commission approval of a
Conditional Use Permit subject to the provisions of CMC Chapter 21.42. The four findings for approving a
Conditional Use Permit for the construction and operation of a professional care facility in the Office (O)
zone can be made pursuant to CMC Section 21.42.030, as discussed below:
1. 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.
The proposed professional care facility will provide shelter for Carlsbad residents in need of social
interaction activities, medical care, dietary, exercising or other medically-recommended programs.
The use is compatible with the surrounding open space and nearby light industrial uses by using high
quality building materials, providing greater setbacks from adjacent open space habitat, and featuring
strong architectural relief and interest that avoids a monotonous design. The project will result in
development of an existing graded lot. The facility is in harmony with the General Plan by providing a
desired professional care facility, and the proposed use has been designed to be compatible with the
surrounding uses.
2. 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.
The proposed use is compatible with adjacent open space and light industrial uses by using high
quality building material, and strong architectural design that avoids a monotonous design. The use
does not create negative noise, traffic, or visual impacts. Lastly, safe ingress and egress to the site is
provided off of a private driveway from Faraday Avenue at a signalized intersection.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the city planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood.
The 6.38-acre site is adequate in size and shape to accommodate a professional care facility. The site
does not have any constraints that would impede development or require significant site alterations.
The professional care facility satisfies all applicable requirements, including but not limited to building
setbacks, landscaping in the setbacks, lot coverage, parking requirements, and design regulations.
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Lastly, the architecture and design of the facility is complementary with the adjacent open space lots
(open space), and provides a transition between the adjacent light industrial uses along Faraday
Avenue to the adjacent open space surrounding the project site.
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use.
EIR 98-08 anticipated that a light industrial use on each of the 23 lots would generate average daily
trips (ADT) of 900 per day. Lot 1, which is accessed off Faraday Avenue, is expected to generate 466
ADT by the proposed professional care facility. This is well below the significant traffic threshold of
900 ADT and not anticipated to impact the existing levels of service on Faraday Avenue.
E. Parking Ordinance (CMC Chapter 21.44)
The parking requirement for the professional care facility (assisted living) is 0.45 parking spaces per bed.
With a total of 175 beds (including the six beds for phase 2 of the marketing building) proposed in all three
buildings, the project requires 79 parking spaces (175 x 0.45 = 79). The project meets this parking
requirement providing 167 parking spaces. Spaces include subterranean parking, surface parking,
compact parking and disabled and van accessible parking.
F. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP)
The project site is located within the Airport Influence Area (AIA) Review Area 1 of the McClellan-Palomar
Airport Land Use Compatibility Plan (ALUCP), requiring the project to be consistent with four criteria
contained in ALUCP Section 2.4.1. Each criterion involves specific standards to avoid potentially harmful
development within the AIA. Each of the four criteria are addressed separately for the construction and
operation of a professional care facility in the Office (O) zone. The project is consistent with the criteria of
the ALUCP, as discussed below:
1. Noise: Exposure to aircraft noise.
The airport noise contours are established for the purpose of evaluating the noise compatibility of
land use actions in the AIA. Section 3.3.3.(a) of the ALUCP states “the threshold for evaluation is the
projected 60dB CNEL contour. This contour defines the noise impact area of the airport. As depicted
in Exhibit III-1 of the ALUCP, the proposed project site is located outside the 60dB CNEL noise exposure
range. Therefore, no noise restrictions apply to the proposed development.
2. Safety: Land use that affects safety both for people on the ground and in aircraft.
As described in Section 3.4 of the ALUCP, the purpose of the safety compatibility policies is to minimize
risks to people and property in the event of an aircraft accident by setting limits on the proposed land
uses. The safety zones depicted in Exhibit III-2 of the ALUCP divide the airport vicinity into six safety
zones, each representing relative risks associated with an aircraft accident.
As shown in Exhibit III-2, the proposed project site is located within Safety Zone 6 (Traffic Pattern
Zone). Per ALUCP Policy 3.4.6.(a)(5) and Table III-2, congregate care facilities, nursing homes, and
assisted living facilities located in Safety Zone 6 are determined to be compatible land uses. Therefore,
no safety restrictions apply to the proposed project.
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3. Airspace protection: Protection of airport airspace.
Per Policy 2.4.2(C) of the ALUCP, the purpose of airspace protection compatibility policies is to ensure
that structures and other uses do not cause hazards to aircraft in flight within the airport vicinity.
Hazards to flight include but are not limited to: physical obstructions to the navigable airspace, wildlife
hazards such as bird strikes, and land use characteristics that create visual or electronic interference
with aircraft navigation or communication.
Exhibit III-3 of the ALUCP reflects the airspace surfaces for McClellan-Palomar Airport as established
by the Federal Aviation Administration’s (FAA) Federal Aviation Regulations (FAR) Part 77, Safe
Efficient Use and Preservation of the Navigable Airspace. FAR Part 77 establishes standards and
notification requirements for objects affecting navigable airspace. The ALUCP airspace policies are
intended to help implement regulations between the FAA and the state of California (ALUCP Policy
3.5.2).
ALUCP Policy 3.5.4(a) indicates that with limited exceptions, no object shall have a height that would
result in the penetration of the airspace protections surfaces for McClellan-Palomar Airport. As
depicted in Exhibit III-3, the proposed project site underlies the horizontal surface which is a flat
surface established 150 feet above the established airport elevation. Based on the airport’s elevation
of 331 feet above mean sea level (AMSL), the horizontal surface height is 481 feet AMSL. The
approximate elevation of Lot 1 is 256 feet AMSL. The tallest elevation of the project’s structures,
which is an architectural feature of the main building, is 45 feet tall, bringing the project to an
elevation of approximately 301 feet AMSL, a difference of about 180 feet and well below the 481-foot
horizontal surface. Therefore, the proposed project would not penetrate the airspace protection
surface for the airport, and is in compliance with the Airspace Protection criteria. Furthermore, to
thoroughly analyze the project, a FAA Form 7460-1 Notice of Proposed Construction or Alteration was
submitted and the FAA determined the project posed no hazard to airspace navigation.
4. Overflight – Annoyance and other general concerns related to aircraft overflight.
As previously discussed, the project site is located within the Airport Influence Area (AIA) per Exhibit
IIII-5. According to ALUCP Policy 3.6.3, recordation of an overflight notification is mandated only for
new residential land use development. Since this project is not considered a residential development,
rather a commercial facility, recordation of an overflight notification document is not required for the
project.
G. Habitat Management Plan
The City of Carlsbad’s Habitat Management Plan (HMP) identifies the 6.38-acre site as a development
area, which is located adjacent to a Hardline Conservation Area that is under long-term management by
the Center for Natural Lands Management. The adopted HMP is a comprehensive plan to protect native
plant and animal species and their habitats by the creation of a citywide, regional habitat preserve system.
The project will comply with the adjacency standards of the HMP that address fire management, erosion
control, landscaping, fencing restrictions, signs and lighting, and predator and exotic species control.
H. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone
GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-0042) – OAKMONT OF
CARLSBAD
October 3, 2018
Page 12
The proposed project is located within Local Facilities Management Zone 16 in the Northeast Quadrant of
the city. Carlsbad’s Growth Management Plan (GMP) included a maximum limit on the number of dwelling
units allowed within the city. All units meeting the definition of a dwelling unit, including apartments and
residential condominiums, are counted toward the GMP dwelling unit cap. However, all commercial living
units, such as a professional care facility, are not considered dwelling units and are excluded from the
GMP dwelling unit cap. The impacts on public facilities created by the project, and its compliance with the
adopted performance standards, are summarized in Table 5 below.
TABLE 5 – GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration N/A Yes
Library N/A Yes
Waste Water Treatment 222 EDU Yes
Parks N/A Yes
Drainage 22.5 CFS Yes
Circulation 466 ADT Yes
Fire Station No. 5 Yes
Open Space Standard being met for existing and
approved projects
Yes
Schools N/A Yes
Sewer Collection System 155 EDU Yes
Water 37,750 GPD Yes
IV. ENVIRONMENTAL REVIEW
Final Environmental Impact Report (EIR 98-08, SCH #2000051057) was certified with approval of the
Carlsbad Oaks North Specific Plan on October 8, 2002. In accordance with the California Environmental
Quality Act (CEQA), the city evaluated the project to determine if the proposed professional care facility
would trigger a supplemental or subsequent EIR, or if a simpler document, known as an addendum, could
be prepared. Supplemental and subsequent EIRs are necessary to use when a previously certified EIR is
not, or no longer, adequate to cover the impacts of the changed project and they require public noticing
and review periods similar to that required for Draft EIRs.
CEQA Guideline Section 15162 requires a subsequent EIR if:
1. Substantial changes are proposed in the Project which will require major revisions to the previous
EIR due to the involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is
undertaken which will require major revisions to the previous EIR; or
3. New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time the previous EIR was certified as
complete or Negative Declaration was adopted, shows any of the following:
GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-0042) – OAKMONT OF
CARLSBAD
October 3, 2018
Page 13
a. The project will have one or more significant effect not discussed in the previous EIR or
negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in
the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be
feasible, and would substantially reduce one or more significant effects of the project, but
the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed
in the previous EIR would substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the mitigation measure or
alternative.
CEQA Guideline Section 15163 requires a supplemental EIR if:
1. Any of the conditions described in Section 15162 would require the preparation of a subsequent
EIR, and
2. Only minor additions or changes would be necessary to make the previous EIR adequately apply
to the project in the changed situation.
In contrast, addenda are used when only minor changes are proposed to a project that do not result in
the above conditions. CEQA Guidelines Section 15164 states that “the lead agency…shall prepare an
addendum to a previously certified EIR if some changes or additions are necessary but none of the
conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred.”
Section 15164 also notes an addendum may simply be attached to the Final EIR and does not need to be
circulated for public review.
As explained below, staff has reviewed the proposed changes to the Project and found that none of the
requirements in CEQA Guidelines Sections 15162 or 15163 for supplemental or subsequent EIRs have
been triggered. Therefore, the revised project is within the scope of the certified EIR and use of an
addendum to document the land use changes is appropriate.
EIR 98-08 identified potentially significant air quality impacts that would be caused by operational traffic
associated with the build-out of the Carlsbad Oaks North Specific Plan industrial development. The EIR
included mitigation measures that are still effective to reduce impacts on Lot 1. The City Planner has
determined that this project would not result in any previously-undisclosed significant environmental
impacts or a substantial increase in the severity of previously disclosed impacts or additional significant
impacts beyond those previously addressed under EIR 98-08 for the Project. The City Planner has also
determined that the project does not create the conditions requiring the preparation of a Subsequent or
Supplemental EIR pursuant to CEQA Guidelines Sections 15162 and 15163. Therefore, an Addendum has
been prepared and is attached to the resolution in Attachment 3 for consideration in conjunction with EIR
98-08.
ATTACHMENTS:
1. Planning Commission Resolution No. 7310 (GPA/ZC/AMEND)
2. Planning Commission Resolution No. 7311 (CUP)
3. Planning Commission Resolution No. 7312 (Addendum)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL
PLAN LAND USE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, A
ZONE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, AND AN
AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN TO APPLY
OFFICE ZONE STANDARDS TO LOT 1 ON PROPERTY GENERALLY LOCATED
AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL FUERTE
STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN LOCAL
FACILITIES MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011
(DEV2017-0042)
WHEREAS, Hannah Daugherty, “Developer,” has filed a verified application with the City
of Carlsbad regarding property owned by Ted Tchang, “Owner,” described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan Amendment,
Zone Change, and Specific Plan Amendment, on file in the Carlsbad Planning Division, GPA 2017-0003/ZC
2017-0001/AMEND 2017-0011 – OAKMONT OF CARLSBAD, as provided in Government Code Sections
65350 and 65453 et. seq. and Carlsbad Municipal Code Chapter 21.52; and
WHEREAS, the proposed General Plan Amendment is set forth and attached in Exhibit GPA 2017-
0003 (changes to the General Plan Land Use Map), dated October 3, 2018; and
WHEREAS, the proposed Zone Change is set forth and attached in the draft City Council Ordinance,
Exhibit ZC 2017-0001 dated October 3, 2018; and
WHEREAS, the proposed Specific Plan Amendment is set forth and attached in the draft City
Council Ordinance, Exhibit “AMEND 2017-0011,” dated October 3, 2018; and
WHEREAS, the Planning Commission did, on October 3, 2018, hold a duly noticed public hearing
as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7310
PC RESO NO. 7310 -2-
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 General Plan Amendment, Zone Change, and Specific Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011 –
OAKMONT OF CARLSBAD, based on the following findings:
Findings:
General Plan Amendment
1. 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 October 3,
2018, including, but not limited to the following:
a. Land Use and Community Design - The proposed project consists of a request for a
General Plan Amendment to change the General Land Use designation from Planned
Industrial (PI) to Office (O) and a Zone Change from Planned Industrial (P-M) to Office
(O) to allow the construction and operation of a professional care facility that will
provide shelter for Carlsbad residents in need of social interaction activities, medical
care, dietary, exercising or other medically-recommended programs. Based on
demographic projections this is a demand that will continue to grow. Providing such
services within Carlsbad at various locations will meet the needs of Carlsbad residents.
The general plan amendment will allow land uses that will be compatible with uses
permitted on surrounding property by using high quality building materials, providing
greater setbacks from adjacent open space habitat, and featuring strong architectural
relief and interest that avoids a monotonous design. The amendment is necessary to
respond to changing needs of the city and its inhabitants. In addition, an amendment
to Office from Planned Industrial is not a significant deviation that would usurp the
intent of the area.
b. Mobility - The request for a General Plan Amendment to change the General Land Use
designation from Planned Industrial (PI) to Office (O) will not create any adverse effects
on mobility than what is already anticipated. The proposed project will generate an
average daily trips (ADT) of 466 which is lower than the 900 ADT EIR 98-08 analyzed for
the site. In addition, the project meets the parking requirements for the proposed use.
A sidewalk and a class 2 bicycle facility exist on Faraday Avenue. Furthermore,
organized shuttle buses offered by the facility shall assist residents with various needs
at organized times, thus reducing traffic and demand for vehicle usage.
PC RESO NO. 7310 -3-
c. Noise - The request for a General Plan Amendment to change the General Land Use
designation from Planned Industrial (PI) to Office (O) does not impact nor change the
noise contours per the General Plan Noise Element. Lot 1 will remain outside the 60-70
CNEL noise contours per the General Plan Noise Element. The noise analysis for the
project concludes that with standard building construction the noise levels of the
interior of the building and outdoor activity areas will be below City standards. In
addition, the MMRP of EIR 98-08 requires the project to comply with the standard that
is currently in effect.
d. Public Safety - The request for a General Plan Amendment to change the General Land
Use designation from Planned Industrial (PI) to Office (O), will not impact public safety
given the type of use and location. The proposed buildings are designed to be in
conformance with drainage, flood control and seismic design standards. The project
will meet all required Building and Fire codes. In addition, adequate fire access is
provided at all points around the building.
e. Sustainability – The request for a General Plan Amendment to change the General Plan
Land Use designation from Planned Industrial (PI) to Office (O) required an analysis of
the potential change in greenhouse gas emissions. As a result a Greenhouse Gas
Analysis was prepared for the professional care facility. The conclusions of the analysis
is that the proposed facility would produce approximately 863 MTCO2e annually. The
projected emissions are less than the 900 MTCO2e screening criterion. By emitting less
than 900 MTCO2e the project will not contribute considerably to cumulative climate
change impacts, and therefore does not need to demonstrate consistency with the CAP.
Zone Change
2. That the proposed Zone Change from Planned Industrial (P-M) to Office (O) is consistent with the
goals and policies of the various elements of the General Plan in that the Office zoning designation
implements the Office General Plan Land Use designation and is compatible with adjacent open
space and planned industrial land uses by using high quality building materials, providing greater
setbacks from adjacent open space habitat, and featuring strong architectural relief and interest
that avoids a monotonous design.
3. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by
California state law and the City of Carlsbad General Plan Land Use Element, in that the proposed
Zone Change from Planned Industrial (P-M) to Office (O) will create consistency between the
General Plan and zoning designations for the property.
4. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and
is consistent with sound planning principles in that the proposed professional care facility permitted
in the Office zone will provide shelter for Carlsbad residents in need of social interaction activities,
medical care, dietary, exercising or other medically-recommended programs. Based on
demographic projections the demand for professional care facilities will continue to increase. The
project is not detrimental to the public interest, health, safety, convenience or general welfare.
PC RESO NO. 7310 -4-
Specific Plan Amendment
5. The proposed amendment as described by the fourth amendment to Specific Plan 211, is consistent
with the provisions of the General Plan in that complies with the goals, objectives, and policies of
the various elements of the General Plan and can therefore be found to be consistent with the
General Plan. In addition, the amendment promotes growth of various land uses, and provides
enhanced opportunities for a new professional care facility in a desirable location.
6. The proposed plan amendment to apply Carlsbad Municipal Code Chapter 21.27, Office Zone
Standards to Lot 1 and to develop and operate a new professional care facility on Lot 1 will not be
detrimental to the public interest, health, safety, convenience, or welfare of the City in that uses
permitted in the Office zone are compatible with the adjacent open space and nearby light
industrial uses. The use will not create negative noise, traffic, or visual impacts. Lastly, safe ingress
and egress to the site is provided by access off of a private driveway from Faraday Avenue at a
signalized intersection.
7. That the amended Carlsbad Oaks North Specific Plan will continue to be the controlling document
for the development of the Carlsbad Oaks North Business Park, including Lot 1, that which be
regulated by the Carlsbad Municipal Code Chapter 21.27, and will continue to further the objectives
and policies of the General Plan and not obstruct their attainment.
8. The existing streets and thoroughfares are suitable and adequate to carry the anticipated traffic
thereon in that proposed project will generate an average daily trips (ADT) of 466 which is lower
than the 900 ADT EIR 98-08 analyzed for the site. In addition, the project meets the parking
requirements for the proposed use. A sidewalk and a class 2 bicycle facility exist on Faraday
Avenue. Furthermore, organized shuttle buses offered by the facility shall assist residents with
various needs at organized times, thus reducing traffic and demand for vehicle usage.
9. All necessary public facilities can be provided concurrent with need, and adequate provisions have
been provided to implement those portions of the capital improvement program applicable to the
subject property.
10. 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:
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
PC RESO NO. 7310 -5-
by Developer or a successor in interest by the City’s approval of this General Plan Amendment,
Zone Change, and Specific Plan Amendment.
2. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Specific Plan document(s) necessary to make them internally consistent and
in conformity with final action on the project. Development shall occur substantially as shown in
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 General Plan Amendment, Zone Change, and Specific
Plan Amendment, (b) City’s approval or issuance of any permit or action, whether discretionary
or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the City’s approval is not validated.
6. Within one (1) month of City Council approval, the applicant shall submit to the City Planner a
digital copy and a camera-ready master copy of the fourth amendment to SP 211 AMEND 2017-
0011, in addition to six bound copies of AMEND 2017-0011.
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 October 3, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes,
and Segall
None
None
None
MARTELL MONTGOMERY, hair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7310 -6-
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GPA 2017-0003 Oakmont of Carlsbad
October 3, 2018Exhibit "GPA 2017-0003"
PROPOSED
PI
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Related Case File No(s): ZC 2017-0001 / AMEND 2017-0011 / CUP 2017-0008
General Plan Land Use Designation Changes
Property
EXHIBIT “ZC 2017-0001”
October 3, 2018
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A ZONE CHANGE TO AMEND THE ZONING MAP
FROM PLANNED INDUSTRIAL TO OFFICE ON LOT 1 (APN 209-120-01-00) OF
THE CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN SP 211, AN
APPROXIMATELY 6.38-ACRE LOT LOCATED ON THE NORTHWEST CORNER
OF FARADAY AVENUE AND EL FUERTE STREET, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO.: ZC 2017-0001 (DEV2017-0042)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council did on the _________day of __________, hold a duly noticed
public hearing as prescribed by law to consider said request, and
WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit
“ZC 2017-0001 – OAKMONT OF CARLSBAD,” dated October 3, 2018, attached hereto and made a part
hereof; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating
to the “ZC 2017-0001 – OAKMONT OF CARLSBAD.”
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:
SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the zoning map,
is amended as shown on the map marked “ZC 2017-0001 – OAKMONT OF CARLSBAD,” dated October
3, 2018, attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7310 shall also constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published
at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its
adoption.
EXHIBIT “ZC 2017-0001”
October 3, 2018
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
______ day of __________, 2018, and thereafter
PASSED, AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the
______ day of ____________________, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CELIA A. BREWER, City Attorney
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)
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ZC 2017-0001 Oakmont of Carlsbad
October 3, 2018Exhibit "ZC 2017-0001"
EXISTING
PROPOSED
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Related Case File No(s): GPA 2017-0003 / AMEND 2017-0011 / CUP 2017-0008
Zoning Designation Changes
Property
P-M
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Exhibit “AMEND 2017-0011”
October 3, 2018
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING THE FOURTH AMENDMENT TO THE CARLSBAD
OAKS NORTH SPECIFIC PLAN (SP 211) TO APPLY CARLSBAD MUNICIPAL
CODE CHAPTER 21.27, OFFICE ZONE STANDARDS TO LOT 1 OF THE
CARLSBAD OAKS NORTH BUSINESS PARK ON PROPERTY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL
FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK AND
IN LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO.: AMEND 2017-0011
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the Carlsbad Oaks North Specific Plan was originally adopted by City Council
Ordinance No. NS-646 on October 15, 2002, and has been amended and contains the uses,
development standards and design guidelines for the development of the Specific Plan area; and
WHEREAS, the Carlsbad Oaks North Specific Plan is the implementing ordinance for this
property; and
WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan
Amendment (AMEND 2017-0011) for the Carlsbad Oaks North Specific Plan; and
WHEREAS, the amendment is desirable to allow for the beneficial range of development
permitted under the Specific Plan, which would include an Office zoned use on Lot 1 in the Carlsbad
Oaks North Business Park, and
WHEREAS, after procedures in accordance with requirements of law, the City Council has
determined that the public interest indicates that said Specific Plan Amendment (AMEND 2017-0011)
be approved.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Carlsbad, California, ordains
as follows that:
1. The above recitations are true and correct.
2. The Carlsbad Oaks North Specific Plan (AMEND 2017-0011), on the file in the Planning
Division, and incorporated herein by reference, is adopted. The amended Carlsbad Oaks
North Specific Plan SP 211 will continue to be the controlling document for the
development of Lot 1.
Exhibit “AMEND 2017-0011”
October 3, 2018
3. Specific Plan Amendment (AMEND 2017-0011) amends several pages of the Carlsbad
Oaks North Specific Plan, as shown on the attached Exhibit “AMEND 2017-0011”.
Removal of text is presented in a strikethrough type format, while new additional text
is shown in underlined type format.
4. The findings and conditions of Planning Commission Resolution No. 7310 shall also
constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City
Clerk shall certify to the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______
day of __________, 2016, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ______ day of ____________________, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CELIA A. BREWER, City Attorney
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND
OPERATION OF A PROFESSIONAL CARE FACILITY ON A LOT ZONED OFFICE
(O), GENERALLY LOCATED AT THE NORTHWEST CORNER OF FARADAY
AVENUE AND EL FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH
BUSINESS PARK IN LOCAL FACILITIES MANAGEMENT ZONE 16.
NAME: OAKMONT OF CARLSBAD
CASE NO.: CUP 2017-0008 (DEV2017-0042)
WHEREAS, Hannah Daugherty, “Developer,” has filed a verified application with the City
of Carlsbad regarding property owned by Ted Tchang, “Owner,” described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit as
shown on Exhibit(s) “A” –“PP” dated October 3, 2018, on file in the Planning Division, CUP 2017-0008 –
OAKMONT OF CARLSBAD, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 3, 2018, 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 CUP.
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
RECOMMENDS APPROVAL of CUP 2017-0008 – OAKMONT OF CARLSBAD, based on the
following findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7311
PC RESO NO. 7311 -2-
Findings:
Conditional Use Permit (CUP 2017-0008)
1. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan, in that the proposed professional
care facility will provide shelter for Carlsbad residents in need of social interaction activities,
medical care, dietary, exercising or other medically recommended programs. The use is
compatible with the adjacent open space and nearby light industrial uses by using high quality
building materials, providing greater setbacks from adjacent open space habitat, and featuring
strong architectural relief and interest that avoids a monotonous design. The project will result
in development of an existing graded lot. The facility is in harmony with the General Plan by
providing a desired professional care facility, and the proposed use has been designed to be
compatible with the surrounding uses.
2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the proposed use is to be located in that the proposed use is compatible with
adjacent open space and light industrial uses by using high quality building materials, providing
greater setbacks from adjacent open space habitat, and featuring strong architectural relief and
interest that avoids a monotonous design. The use will not create negative noise, traffic, or
visual impacts. Lastly, safe ingress and egress to the site is provided off of a private driveway
from Faraday Avenue at a signalized intersection.
3. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or City Council, in order to integrate the use with other uses in the neighborhood, in
that the 6.38-acre site is adequate in size and shape to accommodate a professional care facility.
The site does not have any constraints that would impede development or require significant
site alterations. The professional care facility satisfies all applicable requirements, including
but not limited to building setbacks, landscaping in the setbacks, lot coverage, parking
requirements, and design regulations. Lastly, the architecture and design of the facility is
complementary with the adjacent lots (open space), and provides a transition between the
adjacent light industrial office uses along Faraday Avenue to the adjacent open space
surrounding the project site.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed project will generate an average daily trips
(ADT) of 466 which is lower than the 900 ADT EIR 98-08 analyzed for the site. In addition, the
project meets the parking requirements for the proposed use. A sidewalk and a class 2 bicycle
facility exist on Faraday Avenue. Furthermore, organized shuttle buses offered by the facility
shall assist residents with various needs at organized times, thus reducing traffic and demand
for vehicle usage.
PC RESO NO. 7311 -3-
General
5. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that:
a. Noise: Exposure to aircraft noise.
The airport noise contours are established for the purposes of evaluating the noise
compatibility of land use actions in the AIA. Section 3.3.3.(a) of the ALUCP states “the threshold
for evaluation is the projected 60dB CNEL contour. This contour define the noise impact area of
the airport. As depicted in Exhibit III-1 of the ALUCP, the proposed project site is located outside
the 60dB CNEL noise exposure range. Therefore, no noise restrictions apply to the proposed
development.
b. Safety: Land use that affects safety both for the people on the ground and in aircraft.
As described in Section 3.4 of the ALUCP, the purpose of the safety compatibility policies is to
minimize risks to people and property in the event of an aircraft accident by setting limits on
the proposed land uses. The safety zones depicted in Exhibit III-2 of the ALUCP divide the airport
vicinity into 6 safety zones, each representing relative risks for an aircraft accident.
As shown in Exhibit III-2, the proposed project site is located within Safety Zone 6 (Traffic
Pattern Zone). Per ALUCP Policy 3.4.6.(a)(5) and Table III-2, congregate care facilities, nursing
homes, and assisted living facilities located in Safety Zone 6 are a compatible land use.
Therefore, no safety restrictions apply to the proposed project.
c. Airspace protection: Protection of airport airspace.
ALUCP Policy 3.5.4(a) indicates that with limited exceptions, no object shall have a height that
would result in the penetration of the airspace protection surfaces for McClellan-Palomar
Airport. As depicted in Exhibit III-3, the proposed project site underlies the horizontal surface
which is a flat surface established 150 feet above the established airport elevation. Based on
the airport’s elevation of 331 feet mean sea level (MSL), the horizontal surface height is 481
feet MSL. The approximate elevation of Lot 1 is 256 feet MSL. The tallest elevation of the
project’s structures, which is an architectural feature of the main building, is 45 feet tall,
bringing the project to an elevation of approximately 301 feet MSL, a difference of about 180
feet would exist between the highest point of the building and horizontal surface (481 feet MSL
horizontal surface – 301 feet MSL building height = 180 feet clearance). Therefore, the proposed
project would not penetrate the airspace protection surface for the airport, and is in compliance
with the Airspace Protection criteria. Furthermore, to thoroughly analyze the project, a FAA
Form 7460-1 Notice of Proposed Construction or Alteration was submitted and the FAA
determined the project posed no hazard to airspace navigation.
d. Overflight – Annoyance and other general concerns related to aircraft overflight.
The project site is located within the Airport Influence Area (AIA) Exhibit IIII-5. According to
ALUCP Policy 3.6.3 recordation of an overflight notification is mandated only for new residential
land use development. Since this project is not considered a residential development, rather a
commercial facility, recordation of an overflight notification document is not required for this
project.
PC RESO NO. 7311 -4-
6. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 16 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.
7. That the City Planner has determined the potential environmental effects of the project were
adequately analyzed by the September 2018 Addendum of Planning Commission Resolution No.
7312, and by substantial evidence that the proposed project, construction and operation of a
professional care facility (Oakmont of Carlsbad) on 6.38-acre lot will not result in any new
impacts or any increase in severity of impacts beyond those that were previously addressed
under EIR 98-08.
8. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or building permit, whichever comes first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city’s approval of this General Plan Amendment,
Zone Change, Specific Plan Amendment, Conditional Use Permit and Addendum.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
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.
PC RESO NO. 7311 -5-
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 Conditional Use Permit, (b) city’s approval or issuance
of any permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator’s installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city’s approval is not
validated.
6. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from
the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. 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.
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. CUP 2017-0008 shall be reviewed by the city planner annually to determine if all conditions of this
permit have been met and that the use does not have a substantial negative effect on surrounding
properties or the public health, safety and general welfare. If the City planner determines that
(1) the conditional use permit was obtained by fraud or misrepresentation; or (2) the use for which
such approval is granted is not being exercised; or (3) the conditions of approval have not been
met; or (4) the conditional use permit is being or recently has been exercised contrary to any of
the terms or conditions of approval; or (5) the use for which such approval was granted has ceased
to exist or has been suspended for one year or more; or (6) the use is in violation of any statute,
ordinance, law, or regulation; or (7) the use permitted by the conditional use permit is being or
has been so exercised as to be detrimental to the public health, safety or welfare or so as to
constitute a nuisance, the City planner shall recommend that the Planning Commission hold a
public hearing and after providing the permittee the opportunity to be heard, the Planning
PC RESO NO. 7311 -6-
Commission may revoke and terminate the conditional use permit in whole or in part, reaffirm
the conditional use permit, modify the conditions or impose new conditions.
11. 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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
12. 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.
13. 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.
14. Developer shall report, in writing, to the city planner within 30 days, any address change from
that which is shown on the permit application.
15. 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
15, 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.
16. Prior to the issuance of a grading permit, the Developer shall submit to the city a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued a General Plan Amendment, Zone Change, Specific Plan Amendment, Conditional Use
Permit and Addendum by Resolution Nos. 7310, 7311, 7312 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.
17. 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 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.
18. 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.
PC RESO NO. 7311 -7-
19. 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. Project lighting shall be in the amber wavelength and directed
away from native habitat or shielded to minimize light pollution.
20. Approval is granted subject to the approval of Planning Commission Resolution No. 7312
(Addendum) and is subject to all conditions contained in the Mitigation Monitoring and
Reporting Program of EIR 98-08, and Planning Commission Resolution No’s: 7310, 7311, 7312.
21. Signage and fencing shall be installed along the northern project limits to inform people that
there is no public access into the adjacent hardline preserve, the sensitive nature of the
proposed adjacent hardline, and associated habitats that are being protected.
22. Developer shall implement, or cause the implementation of Project Mitigation Monitoring and
Reporting Program included in Planning Commission Resolution No. 5244, dated October 8,
2002.
23. Prior to the commencement of any ground disturbing activities, the project developer shall:
A. Retain the services of a qualified paleontologist who shall be on-site for the original
cutting of previously undisturbed native soil (part-time for marine terrace deposit
areas and full-time for Santiago Formation deposit areas). The paleontologist shall
recover any discovered fossils and is empowered to temporarily divert or halt grading
to allow recovery in a timely manner. Fossils shall be treated appropriately,
catalogued, and deposited with pertinent field notes, photos, and maps, etc., as a
donation with financial support for initial specimen storage in a scientific institution
with permanent paleontological collections.
B. Retain the services of a qualified archaeologist who shall be on-site for ground
disturbing activities. In the event cultural material is encountered, the archaeologist is
empowered to temporarily divert or halt grading to allow for coordination with the
Luiseño Native American monitor and to determine the significance of the discovery.
The archaeologist shall follow all standard procedures for cultural materials that are not
Tribal Cultural Resources.
C. 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 Luiseño tribe that meets all standard requirements of the tribe for such
Agreements. This agreement will address provision of a Luiseño Native American
monitor and contain provisions to address the proper treatment of any tribal cultural
resources and/or Luiseño Native American human remains inadvertently discovered
during the course of the project. The agreement will outline the roles and powers of
the Luiseño Native American monitors and the archaeologist.
PC RESO NO. 7311 -8-
Engineering Conditions:
General
24. 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.
25. 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.
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 intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
28. 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.
Fees/Agreements
29. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city’s standard form Geologic Failure Hold Harmless Agreement.
30. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
31. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
32. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
Storm Water Quality
33. 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,
PC RESO NO. 7311 -9-
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.
34. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established
by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
35. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s
latest fee schedule.
36. 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
37. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
38. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
A. Street striping and signs to accommodate new turn lanes, extension of an existing turn
lane and modifications to the traffic signal at the intersection of Faraday Avenue and El
Fuerte Street. Signal improvements shall include but not be limited to constructing
signal appurtenances and may include traffic signal interconnect conduit and cable.
B. Abandonment and/or removal of any existing public water services or sewer laterals
along the property frontage that will not be used to service the property, subject to the
direction of the city engineer.
C. Installation of new water services, backflow preventers and meters.
D. Any modification to driveway approaches within the public right-of-way.
PC RESO NO. 7311 -10-
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 but in no case shall
said improvements be installed and operational later than issuance of certificate of occupancy.
39. The westerly driveway shall be gated and restricted to emergency vehicles only. Developer shall
cause owner to waive direct access rights by separate document prior to the issuance of a building
permit for the most westerly driveway fronting Faraday Avenue.
40. Prior to issuance of a grading permit, proof of vacation of an existing Buena Sanitation District
easement and dedication of a new easement as noted on the site plan shall be submitted to the
city engineer. If alternative methods to establish sewer access are pursued, Developer shall
submit written proof from Buena Sanitation District that they accept said alternative methods.
41. 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.
Utilities
42. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Division for
processing and approval by the district engineer.
43. 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.
44. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders
45. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes only.
46. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
47. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 16 as required by Carlsbad Municipal Code Section 21.90.050.
PC RESO NO. 7311 -11-
48. 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.
49. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
50. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
51. 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.
52. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
53. 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.
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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 October 3, 2018 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes,
and Segall
None
None
None
CARLSBAD PLANNING COMMISSION
ATTEST:
(Ln
DON NEU
City Planner
PC RESO NO. 7311 -12-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
ADDENDUM TO ENVIRONMENTAL IMPACT REPORT 98-08 FOR A
GENERAL PLAN LAND USE CHANGE FROM PLANNED INDUSTRIAL TO
OFFICE, A ZONE CHANGE FROM PLANNED INDUSTRIAL TO OFFICE, AND
AN AMENDMENT TO THE CARLSBAD OAKS NORTH SPECIFIC PLAN TO
APPLY OFFICE ZONE STANDARDS TO LOT 1 AND TO ALLOW
CONSTRUCTION OF A PROFESSIONAL CARE FACILITY GENERALLY
LOCATED AT THE NORTHWEST CORNER OF FARADAY AVENUE AND EL
FUERTE STREET WITHIN THE CARLSBAD OAKS NORTH BUSINESS PARK IN
LOCAL FACILITIES MANAGEMENT ZONE 16.
CASE NAME: OAKMONT OF CARLSBAD
CASE NO: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011
CUP 2017-0008 (DEV2017-0042)
WHEREAS, Hannah Daugherty, “Developer,” has filed a verified application with the City
of Carlsbad regarding property owned by Ted Tchang, “Owner,” described as
Lot 1 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks North Phase 1, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14926, filed in the office of the County Recorder of San
Diego County, December 15, 2004
(“the Property”); and
WHEREAS, on October 8, 2002, the City Council of the City of Carlsbad certified
Environmental Impact Report (EIR) 98-08, adopted the Candidate Findings of Fact, Statement of
Overriding Consideration, and Mitigation Monitoring and Reporting Program for the Carlsbad Oaks North
Specific Plan that allows for industrial development of lots within the Carlsbad Oaks North Business
Park; and
WHEREAS, the proposed project is construction and operation of a professional care
facility on Lot 1, generally located at the northwest corner of Faraday Avenue and El Fuerte Street; and
WHEREAS, in compliance with the California Environmental Quality Act (“CEQA”), an
Addendum to EIR 98-08 – GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008 (DEV2017-
0042) (“Addendum”), attached as Exhibit “A” dated September 2018, was prepared to determine if the
PLANNING COMMISSION RESOLUTION NO. 7312
PC RESO NO. 7312 -2-
preparation of a subsequent or supplemental EIR was required for the Carlsbad Oaks North Specific Plan
Amendment Project; and
WHEREAS, the Planning Commission did on October 3, 2018, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, the Addendum was presented to the Planning Commission and the Planning
Commission reviewed and considered the information contained in EIR 98-08 and the Addendum prior to
approving the Project; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, examining the Addendum, analyzing the information submitted by City staff, and considering
any written and oral comments received, the Planning Commission considered all factors relating to the
Addendum.
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 Planning Commission
hereby RECOMMENDS APPROVAL of the Addendum to EIR 98-08, based on the following
findings that are supported by substantial evidence in the Record:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find that the Addendum has been
prepared in accordance with requirements of the California Environmental Quality Act (CEQA),
the CEQA Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered the
Addendum with EIR 98-08 prior to RECOMMENDING APPROVAL of the Project, and it reflects the
independent judgment of the City of Carlsbad Planning Commission.
3. The Planning Commission of the City of Carlsbad does hereby find that adopting an Addendum
to EIR 98-08 is appropriate and in conformance with CEQA in this case because no changes or
additions to EIR 98-08 are necessary, and none of the conditions described in Section 15162 of
the CEQA Guidelines calling for preparation of a subsequent EIR have occurred, in that:
a. There are no significant new environmental effects and no substantial increase in the
severity of a previously identified significant effect. The analysis and mitigation contained
PC RESO NO. 7312 -3-
in EIR 98-08 remain adequate to address all potential impacts of the Carlsbad Oaks North
Specific Plan. The City Planner has determined the potential environmental effects of the
project were adequately analyzed by the September 2018 Addendum (Exhibit A) of Planning
Commission Resolution No. 7312, and by substantial evidence that the prproposed
constructionnd operation of a professional care facility (Oakmont of Carlsbad) on a 6.38-
acre lot will not result in any new impacts or any increase in severity of previously disclosed
impacts beyond those addressed in EIR 98-08. Approval is granted subject to the approval
of Planning Commission Resolution No. 7312 (Addendum) and is subject to all conditions
contained in the Mitigation Monitoring and Reporting Program of EIR 98-08, and Planning
Commission Resolution No’s: 7310 and 7312. This project does not amplify any other
potential impacts and does not present new impacts not already considered or addressed
as necessary by existing mitigation measures.
b. There has been no substantial change with respect to the circumstances under which the
Project is being undertaken which would require major revisions to EIR 98-08.
c. There is no new information of substantial importance that was not known and could have
been known with the exercise of reasonable diligence at the time EIR 98-08 was certified.
d. The Project will not have any significant effects not discussed in EIR 98-08.
e. There are no new or additional mitigation measures that need to be added and there are
no mitigation measures previously found not to be feasible that are now found to be
feasible that would substantially reduce one or more significant effects of the Project.
4. The Addendum is incorporated by reference herein, and the findings and substantial evidence
presented in the Addendum are adopted as findings to these proceedings.
. . .
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on October 3, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes,
and Segall .
None
None
None
MARTELL MONTGOMERY,
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7312 -4-
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADDENDUM
TO FINAL ENVIRONMENTAL IMPACT REPORT (EIR 98-08)
CARLSBAD OAKS NORTH BUSINESS PARK SPECIFIC PLAN
CITY OF CARLSBAD, CALIFORNIA
FOR
AMEND 2017-0011 – OAKMONT OF CARLSBAD (LOT 1)
State Clearinghouse No. 2000051057
EIR 98-08 Certified October 8, 2002
Prepared by:
City of Carlsbad Community & Economic Development Department
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
Contact: Paul Dan, Associate Planner
760-602-4614
paul.dan@carlsbadca.gov
September 2018
EXHIBIT “A” dated
September 2018
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
September 2018, page 1, CEQA Addendum, EIR 98-08
1.0 Introduction
The Carlsbad Oaks North Business Park Specific Plan SP 211(C), (CONSP) originally contained a
requirement that either Lot 1 or Lot 2 of the CONSP area be developed with commercial support uses to
serve the CONSP industrial business park. The Final Environmental Impact Report (EIR 98-08, SCH
2000051057) certified with approval of the CONSP also contained mitigation measures reiterating this
requirement. The approval of an industrial building entitlement on one of the lots would automatically
reserve the other lot for commercial support uses. On September 27, 2016, City Council approved Specific
Plan Amendment (SP 211(B)) and an Addendum to the certified EIR (EIR 98-08(A)) that amended the
CONSP to remove the requirement for the development of commercial support uses on either Lot 1 or
Lot 2.
The project applicant, Oakmont Senior Living, proposes construction and operation of a professional care
facility on Lot 1 of the CONSP. This request by the applicant requires changing the Carlsbad General Plan
Land Use Designation from Planned Industrial (PI) to Office (GPA 2017-0003), changing the City of Carlsbad
Zoning Map for Lot 1 from Planned Industrial (P-M) to Office (ZC 2017-0001), amending the text of CONSP
to permit Lot 1 to be regulated by the development standards of the Carlsbad Municipal Code (CMC)
Chapter 21.27, Office zone (AMEND 2017-0011), and a Conditional Use Permit to allow construction and
operation of a professional care facility within the Office zone.
The purpose of this Addendum is to provide clarification and explanation supported by substantial
evidence as to why this proposed change will not result in any new impacts or any increase in severity of
impacts addressed in EIR 98-08.
2.0 CEQA Requirements
California Code of Regulation Title 14 (hereinafter “California Environmental Quality Act (CEQA)
Guidelines”) Section 15162-15164 include provisions for a lead agency to carry out a project when new
information comes to light or changes have occurred after the project EIR was certified.
Section 15162 of the CEQA Guidelines states that no subsequent EIR would be necessary for a project with
a previously certified EIR unless: 1) substantial changes have occurred to the project or the circumstances
under which the project will be undertaken that create new significant environmental effects or
substantially increase the severity of previously-identified environmental effects; a 2) substantial changes
occur with respect to the circumstances under which the project is undertaken will require major revisions
to the previous EIR; or 3) new, substantially important information that was not, or could not have been,
known at the time the original EIR was certified shows that the project may create new or more severe
effects or that different alternatives or mitigation measures could reduce significant effects but the
applicant declines to accept them.
Section 15163 of the CEQA Guidelines states that no supplemental EIR would be necessary for a project
if: 1) any of the conditions described in Section 15162 would require preparation of a subsequent EIR; or
2) only minor additions or changes would be necessary to make the previous EIR adequately apply to the
project in the changed situation.
Section 15164 of the CEQA Guidelines indicates that an Addendum to a previously certified EIR may be
prepared for a project if some changes or additions to the EIR are necessary, but none of the conditions
in Section 15162 exist that would require a subsequent EIR. Section 15164 goes on to state that when an
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
September 2018, page 2, CEQA Addendum, EIR 98-08
Addendum is prepared, the administrative record must include a brief explanation about why the lead
agency decided not to prepare a subsequent EIR based on Section 15162. The following section details
the basis for the city’s decision not to prepare a subsequent EIR for Oakmont of Carlsbad, and are included
in the findings of Planning Commission Resolution 7312.
3.0 PROJECT LOCATION AND REGIONAL SETTING
Project Setting
The CONSP area is located on 414 acres north of Palomar Airport Road and 1 ¼ mile east of El Camino
Real. Immediately north of the CONSP area is the Dawson-Los Monos Reserve open space. The Specific
Plan area is abutted to the west by vacant land owned by the County of San Diego and to the east by the
City of Vista. The Carlsbad Oaks East area of the Carlsbad Airport Business Center Specific Plan abuts the
property to the south. After the Adoption of the CONSP, all the anticipated road connections were
constructed as assumed in the CONSP for build-out. These include the extension of Faraday Avenue to
connect between El Camino Real and Melrose Drive; El Fuerte Street from Palomar Airport Road to
Faraday Avenue; and Melrose Drive to extend south and connect to Palomar Airport Road. A vicinity map
and the Specific Plan location are provided in Figures 1 and 2.
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
September 2018, page 3, CEQA Addendum, EIR 98-08
Carlsbad Oaks North Specific Plan Vicinity Map
Figure 1
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
September 2018, page 4, CEQA Addendum, EIR 98-08
Lot 1 Location Map
Figure 2
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
September 2018, page 5, CEQA Addendum, EIR 98-08
4.0 CARLSBAD OAKS NORTH SPECIFIC PLAN
Project Background
Within the boundary of the CONSP, approximately 220 acres is dedicated open space leaving
approximately 194 acres for the street network and development lots. Although the CONSP document is
being amended, the proposed amendment only affects Lot 1 (shown in Figure 2). Lot 1 is located at the
westerly edge of the CONSP area, north of Faraday Avenue and west of El Fuerte Street. The lot was mass
graded as part of the Phase I development of the CONSP area. The lot has never been developed, nor have
any entitlements been submitted prior to this project.
The CONSP originally required either Lot 1 or Lot 2 to be reserved for commercial support use (also known
as auxiliary uses). Three other lots are also allowed to be developed with auxiliary uses (Lot 5, 6 and 8).
The CONSP was amended (SP 211(B)) on September 27, 2016, to remove the requirement that either Lot
1 or Lot 2 be developed with commercial support uses.
The result of the amendment was that developers would have the flexibility to develop either light
industrial or commercial support uses on these lots, in the same manner as the other auxiliary lots. The
rest of the lots are intended for light industrial research and development, office and similar uses. The
allowed auxiliary uses do not include professional care facilities.
5.0 CARLSBAD OAKS NORTH SPECIFIC PLAN EIR 98-08
EIR 98-08 identified environmental impacts and crafted specific mitigation measures designed to reduce
significant impacts. However, the project-specific and cumulative impacts to transportation/traffic, air
quality, and biological resources couldn’t be fully mitigated. In response, the city adopted a “Statement
of Overriding Considerations” pursuant to Section 15093 and 15126(b) of the CEQA Guidelines.
Significant project-level impacts were identified for land use and planning, noise, geology/soils, hazards
and hazardous materials, hydrology/water quality, cultural resources, paleontological resources,
aesthetics, and public services and utilities. These impacts were reduced to a level less than significant
with the implementation of the required mitigation measures.
The proposed project, a professional care facility, does not produce additional or more severe
environmental impacts than what EIR 98-08 already analyzed. Section 8.0 discusses in detail the project’s
less than significant environmental impacts.
6.0 DESCRIPTION OF PROPOSED CHANGES TO THE CONSP
The project includes a request for approval of a change to the General Plan Land Use Designation from
Planned Industrial (PI) to Office (O), a Zone Change from Planned Industrial (P-M) to Office (O), and an
amendment to the Carlsbad Oaks North Park Specific Plan SP 211(C) text to apply Office (O) zone
standards to Lot 1. The Office (O) zone would allow the proposed construction and operation of a
professional care facility consisting of three buildings: a 128,745-square-foot three story main building
above a 32,078-square-foot subterranean parking garage; a 42,749-square-foot memory care building
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
September 2018, page 6, CEQA Addendum, EIR 98-08
above a 15,921-square-foot subterranean parking garage; and a 4,208-square-foot administration
building on Lot 1. The site is a 6.38-acre lot, generally located on the northwest corner of Faraday Avenue
and El Fuerte Street, within Local Facilities Management Zone 16.
The proposed Specific Plan Amendment (AMEND 2017-0011) is the fourth amendment to the Carlsbad
Oaks North Specific Plan. The CONSP text is to be updated in Chapter III, Development Standards and
Design Guidelines to apply the development standards of CMC Chapter 21.27, Office zone, to Lot 1. This
amendment does not greatly deviate from the CONSP, since the development standards and guidelines
of the CONSP and the Office zone are quite similar. Therefore, the project does not cause a significant
deviation from the goals and policies of the Specific Plan.
7 .0 EXISTING CONDITIONS AND SURROUNDING USES
Lot 1 is an isolated lot surrounded by open space. Although the site is intended to offer a commercial
and/or light industrial development, given its isolation from surrounding lots, the proposed project would
not cause a substantial deviation from its intended use. The majority of the light industrial development
that has occurred within the CONSP business park has been on the 21 lots that are congregated together.
This phenomenon, referred to as industrial clustering, is a causation of new industrial development being
built directly near existing industrial development. Typically, new industrial development outside a
clustering is rare and often neglected until no other undeveloped lots are available. To date, there has
been little to no interest in industrial development of Lot 1. Furthermore, a light industrial use on Lot 1 is
not an ideal location given its isolation from the other lots in the business park.
8.0 COMPLIANCE WITH EIR 98-08 MITIGATION MONITORING AND REPORTING PROGRAM
The proposed project presents a change in the land use, for Lot 1. However, in environmental terms the
project poses similar impacts as a light industrial and/or commercial use would, which were already
analyzed under EIR 98-08. Discussed below are areas of environmental review that show substantial
evidence that impacts of the proposed project are no greater than those already analyzed by EIR 98-08:
Traffic:
A traffic study was conducted to analyze the project’s trip generation and whether it exceeded the city’s
threshold of 500 average daily trips (ADT). The study shows that the proposed project will generate 388
ADT, well under the 500 ADT threshold. In addition, the project site will be accessed off of Faraday Avenue,
which can accommodate the 388 ADT expected to be generated by the proposed professional care facility,
and is not anticipated to impact the existing levels of service on Faraday Avenue. Given Lot 1 could be
developed with an industrial or a commercial support use or a combination of both, traffic impacts
associated with vehicle trips for Lot 1 would be reduced by an office use project being developed
rather than an industrial/commercial use that generates higher average daily trips.
Hazards:
The project site is located within the Airport Influence Area (AIA) Review Area 1 of the McClellan-Palomar
Airport Land Use Compatibility Plan (ALUCP), requiring the project to be consistent with four criteria
contained in ALUCP Section 2.4.1. Each criterion involves specific standards to avoid potentially harmful
development within the AIA. Each four criterion were addressed for the construction and operation of a
professional care facility in the Office (O) zone as discussed below.
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
September 2018, page 7, CEQA Addendum, EIR 98-08
1. Noise: Exposure to aircraft noise.
Depicted in Exhibit III-1 of the ALUCP, the proposed project site is located outside the 60dB CNEL noise
exposure range. Therefore, no noise restrictions apply to the proposed development.
2. Safety: Land use that affects safety both for people on the ground and in aircraft.
Shown in Exhibit III-2, the proposed project site is located within Safety Zone 6 (Traffic Pattern Zone).
Per ALUCP Policy 3.4.6.(a)(5) and Table III-2, congregate care facilities, nursing homes, and assisted
living facilities located in Safety Zone 6 are determined to be compatible land uses. Therefore, no
safety restrictions apply to the proposed project.
3. Airspace protection: Protection of airport airspace.
Exhibit III-3 of the ALUCP reflects the airspace surfaces for McClellan-Palomar Airport as established
by the Federal Aviation Administration’s (FAA) Federal Aviation Regulations (FAR) Part 77, Safe
Efficient Use and Preservation of the Navigable Airspace. FAR Part 77 establishes standards and
notification requirements for objects affecting navigable airspace. The ALUCP airspace policies are
intended to help implement regulations between the FAA and the State of California (ALUCP Policy
3.5.2). Therefore, the project will not impact airport airspace.
4. Overflight – Annoyance and other general concerns related to aircraft overflights.
According to ALUCP Policy 3.6.3, recordation of an overflight notification is mandated only for new
residential land use development. Since this project is not considered a residential development,
rather a commercial facility, an overflight notification is not required for the project.
Greenhouse Gas:
CalEEMod modeling results have been provided for the project which estimate that the project’s annual
emissions, with construction emissions amortized over the lifetime of the project, would be 863 MTCO2e
per year. The CalEEMod modeling results include a series of non-default assumptions that have been
adjusted for the project as well as project features that would reduce the project’s annual GHG emissions.
The project was reviewed against the City’s Climate Action Plan’s 900 MTCO2e threshold. The project will
produce 863 MTCO2e of GHG emissions per year, which is below the 900 MT CO2e threshold. Greenhouse
gas emissions are not new information, but was known at the time EIR 98-08 was certified.
Summary:
No other new or more severe environmental impacts will be associated with the proposed development
of Lot 1. EIR 98-08 thoroughly analyzed and mitigated impacts through an ongoing Mitigation Monitoring
and Reporting Program (MMRP). Therefore, the project is consistent with the analysis under EIR 98-08,
and does not require additional environmental review.
9.0 CEQA GUIDELINES SECTION 15162 SUMMARY
In order for the city to prepare an addendum to previously-certified EIR 98-08 for this project, an analysis
of the proposed change to the Specific Plan relative to CEQA Guidelines Section 15162 needs to be
undertaken. Section 15162 states that the city shall not prepare an EIR for this project unless one or more
of the following conditions exist:
Project Name: OAKMONT OF CARLSBAD
Project No: GPA 2017-0003/ZC 2017-0001/AMEND 2017-0011/CUP 2017-0008
September 2018, page 8, CEQA Addendum, EIR 98-08
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR
due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is undertaken
which will require major revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects; or
3. New information of substantial importance, which was not known and could not have been known
with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows
any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR;
(B) Significant effects previously examined will be substantially more severe than shown in the
previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible,
and would substantially reduce one or more significant effects of the project, but the project
proponents decline to adopt the mitigation measure or alternative; or
(D)Mitigation measures or alternatives which are considerably different from those analyzed in the
previous EIR would substantially reduce one or more significant effects on the environment, but the
project proponents decline to adopt the mitigation measure or alternative.
The proposed project will not have any effects more significant than previously analyzed and will
not require changes to any other mitigation measures.
10.0 CONCLUSION
The analysis above supports a determination that approval of the change to the Carlsbad Oaks North
Specific Plan identified in Section 6.0 above would not result in any previously-undisclosed significant
environmental impacts or a substantial increase in the severity of previously-disclosed impacts, or
additional significant impacts beyond those previously addressed under EIR 98-08 for the Specific Plan. As
discussed above, this document memorializes the city's reasoned conclusion that the amended Specific
Plan does not create the conditions requiring the preparation of a Subsequent or Supplemental EIR
pursuant to CEQA Guidelines Sections 15162 and 15163.
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ATTACHMENT 4
· City of Carlstiacl DISCLOSURE STATEMENT p .. 1(A)
DeYttfoJJment Seri,lr:es
Planning Division
1635 Faraday Avenue
(760) 602-4610www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following infom)ation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print
·ll1\Hillii��f8t1i\;j'''.fj' .,, . ,,;;ilf)1�!Jt;;;j'Y'.TJ":j;;���;•�lema1
1.APPLICANT (Not the applicant's agent)Provide the COMPLETE. LEGAL names and addresses of Ab,b persons having afinancial interest in the application. If the applicant includes a corporation or partnership�include the names, titles, addresses of all individuals owning more than 10% of theshares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASEINDICATE NON-APPLICABLE (N/A} IN THE -SPACE BELOW. If ·a-publicly.;;ownedcorporation. include the namesl titles. and addresses of the corporate officers. (Aseparate page may be attached if necessary.)· · · · · ·
Person William P Gallaher Corp/Part OSL Properties LLC
Title Manager TiUe Manager ------------
Address 9240 Old RedWOOd Hwy Windsor, CA 95492 Address Same -----------
2.OWNER (Not the owner's agent)Provide the COMPLETE, LEGAL names and addresses of Abb persons having anyownership interest in the property involved. Also, provide the nature of the legalownership (i.e., partnership, tenants in common, non-profit! corporation, etc.). If theownership includes a corporation or partnership, include the namess titles, addresses ofall individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORETHAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THESPACE BELOW. If a publicly--owned corporation, include the names, titles, andaddresses of the corporate officers. (A separate page may be attached if necessary.)
Person Theodore Tchang Corp/Part Techbilt Construction Corp
Title Owner Title President·-------------
Address 3575 Kenyon St, Suite 200
San Diego, CA 92110
Address Same·-----------
Page 1 of 2 Revised 07 /10
ATTACHMENT 5
B U S I N E S S P A R K
SPECIFIC PLAN
SP 211(C)
Prepared by:
City of Carlsbad Planning Department City of Carlsbad Engineering
Department O'Day Consultants
Ladwig Design Group, Inc.
ADL Planning Associates, Inc.
Amended August October 20168
ATTACHMENT 6 Formatted: Font: (Default) Arial, 14 pt, Bold
Carlsbad Oaks North Business Park
Specific Plan No. 211(C)
Carlsbad Oaks North Partners, L.P. Owner
Techbilt Construction, Corp. Developer
Ms. Jenny Tchang
Mr. Ted Tchang
Mr. Doug Woods
O’Day Consultants, Inc. Engineer
Pat O’Day ..................................................................................................... President
Tim Carroll ....................................................................................... Project Engineer
Ladwig Design Group, Inc. Planner
Bob Ladwig ................................................................................................... President
ADL Planning Associates, Inc. Landscape Architecture
Tony Lawson ................................................................................................. President
Carlsbad Oaks North Specific Plan
iii Ladwig Design Group
SP 211
Specific Plan on approximately 414 acres of land located north of Palomar Airport Road, ¼ mile east of El Camino Real
Local Facilities Management Zone 16
Approved by: Planning Commission Resolution No. 5246, August 21, 2002
City Council Resolution No. 2002-298, October 8, 2002 City Council Ordinance No. NS-646, October 15, 2002
* * *
SP 211(A)
Minor amendment to provide for three entry monument signs to the business park
Approved by:
Planning Director, July 10, 2007
* * *
SP 211(B)
Removed the requirement for Lot 1 or 2 to be developed with commercial support uses instead of light industrial
Approved by:
Planning Commission Resolution No. 7288, August 17, 2016
City Council Resolution No. 2016-204, September 27, 2016
City Council Ordinance No. CS-308, October 4, 2016
* * *
SP 211(C)
Minor amendment to modify the driveway locations in Figure 10 for Lots 18 and 19
Approved by: City Planner, May 23, 2016
* * *
AMEND 2017-0011
Amending text in Section III – Development Standards and Design Guidelines for Lot 1 to apply CMC Chapter 21.27 – Office Zone Development Standards
Approved by:
Planning Commission Resolution No. 7310
Carlsbad Oaks North Specific Plan
iv Ladwig Design Group
TABLE OF CONTENTS
I. INTRODUCTION ............................................................................................................................................. I—1
A. INITIATION OF PLAN ................................................................................................................................................................. I—1 B. PROJECT LOCATION AND OWNERSHIP ...................................................................................................................................... I—2
C. SPECIFIC PLAN ACREAGE AND SITE DESCRIPTION .................................................................................................................... I—5 D. PURPOSES ................................................................................................................................................................................. I—5 E. PROPOSED LAND USES ............................................................................................................................................................. I—6
F. ISSUES ADDRESSED IN THE PLAN .............................................................................................................................................. I—9 G. RELATIONSHIP OF THE PLAN’S POLICIES TO ITS REGULATIONS................................................................................................. I—9 H. COMPLIANCE WITH THE GENERAL PLAN .................................................................................................................................. I—9 I. ENTITLEMENT APPROVALS PERMITTED BY THE SPECIFIC PLAN .............................................................................................. I—11
J. SEVERABILITY CLAUSE ........................................................................................................................................................... I—12
II. LAND USE ..................................................................................................................................................... II—1
A. INTRODUCTION ....................................................................................................................................................................... II—1
B. OPPORTUNITIES AND CONSTRAINTS ....................................................................................................................................... II—1 C. GENERAL DEVELOPMENT CONCEPT ....................................................................................................................................... II—6 D. GOALS AND POLICIES ............................................................................................................................................................. II—7
III. DEVELOPMENT STANDARDS AND DESIGN GUIDELINES .......................................................... III—1
A. PERMITTED USES .................................................................................................................................................................. III—1 B. PARKING ............................................................................................................................................................................... III—4
C. BUILDING SETBACKS ............................................................................................................................................................. III—5 D. MINIMUM LOT SIZE ............................................................................................................................................................... III—7 E. LANDSCAPE ARCHITECTURE .................................................................................................................................................. III—7 F. MAINTENANCE, ARCHITECTURAL REVIEW AND AIR QUALITY CONTROL PROVISIONS ........................................................ III—23 G. SIGNS AND GRAPHIC REQUIREMENTS .................................................................................................................................. III—24 H. ARCHITECTURAL GUIDELINES ............................................................................................................................................. III—27 I. EMPLOYEE EATING AREAS .................................................................................................................................................. III—28
J. LOT COVERAGE ................................................................................................................................................................... III—28 K. BUILDING HEIGHT ............................................................................................................................................................... III—28 L. STORAGE AREAS ................................................................................................................................................................. III—29 M. METAL STRUCTURES ........................................................................................................................................................... III—29
N. BIKE LANES ......................................................................................................................................................................... III—29 O. PEDESTRIAN TRAIL .............................................................................................................................................................. III—29 P. TELEPHONE AND ELECTRICAL SERVICES ............................................................................................................................. III—30 Q. NUISANCES .......................................................................................................................................................................... III—30 R. SCREENING OF EQUIPMENT ................................................................................................................................................. III—30 S. OUTDOOR LIGHTING ............................................................................................................................................................ III—30 T. PERFORMANCE STANDARDS ................................................................................................................................................ III—31
U. LOADING AREAS ................................................................................................................................................................. III—31 V. REFUSE COLLECTION AREAS ............................................................................................................................................... III—32 W. BLASTING AREAS AND TEMPORARY MATERIALS PROCESSING CENTERS ............................................................................ III—32
IV. PUBLIC FACILITIES INFRASTRUCTURE PLAN .............................................................................. IV—1
A. INTRODUCTION ...................................................................................................................................................................... IV—1 B. CITY ADMINISTRATIVE FACILITIES AND LIBRARY FACILITIES ............................................................................................... IV—1 C. PARK FACILITIES ................................................................................................................................................................... IV—1 D. OPEN SPACE .......................................................................................................................................................................... IV—2 E. FIRE ....................................................................................................................................................................................... IV—2 F. SCHOOLS ............................................................................................................................................................................... IV—3
G. TRANSPORTATION FACILITIES ............................................................................................................................................... IV—3 H. SEWER FACILITIES ................................................................................................................................................................. IV—7
Carlsbad Oaks North Specific Plan
v Ladwig Design Group
I. DRAINAGE FACILITIES ......................................................................................................................................................... IV—11 J. STORM WATER POLLUTION PREVENTION ............................................................................................................................ IV—13
Carlsbad Oaks North Specific Plan
vi Ladwig Design Group
V. SPECIFIC PLAN IMPLEMENTATION MEASURES ............................................................................ V—1
A. REGULATIONS AND ORDINANCES ........................................................................................................................................... V—1 B. ENFORCEMENT ....................................................................................................................................................................... V—1
C. AMENDMENT PROCEDURES: MINOR, MAJOR, AND FIVE-YEAR COMPREHENSIVE REVIEW AND UPDATE ............................... V—2 D. FINANCING ............................................................................................................................................................................. V—4 E. CAPITAL IMPROVEMENTS PROGRAM ...................................................................................................................................... V—4 F. PHASING ................................................................................................................................................................................ V—4 G. GRADING/EROSION CONTROL ................................................................................................................................................ V—7 H. ENVIRONMENTAL IMPACTS/MITIGATION ............................................................................................................................... V—7
VI. SPECIFIC PLAN ENVIRONMENTAL REVIEW ................................................................................. VI—1
A. RELATIONSHIP TO ENVIRONMENTAL IMPACT REPORT 98-08 ................................................................................................ VI—1 B. SUBSEQUENT ENVIRONMENTAL REVIEW ............................................................................................................................... VI—1
VII. SPECIFIC PLAN ADMINISTRATION .................................................................................................. VII—1
A. INTRODUCTION ..................................................................................................................................................................... VII—1 B. STATE REQUIREMENTS ......................................................................................................................................................... VII—1 C. LOCAL REQUIREMENTS ........................................................................................................................................................ VII—1
VIII. SPECIFIC PLAN ENFORCEMENT ................................................................................................. VIII—1
A. VIOLATION OF SPECIFIC PLAN ............................................................................................................................................ VIII—1
Carlsbad Oaks North Specific Plan
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LIST OF EXHIBITS
FIGURE 1 REGIONAL MAP ........................................................................................................................................... I—3 FIGURE 2 VICINITY MAP ............................................................................................................................................. I—4
FIGURE 3 LAND USE ACREAGES ................................................................................................................................. I—7 FIGURE 4 LAND USE SCHEMATIC ................................................................................................................................ I—8 FIGURE 5 EXISTING GENERAL PLAN ......................................................................................................................... I—13
FIGURE 6 PROPOSED GENERAL PLAN ....................................................................................................................... I—14 FIGURE 7 PROPOSED ZONING .................................................................................................................................... I—15
FIGURE 8 VEGETATION TYPES .................................................................................................................................. II—4 FIGURE 9 WETLANDS AND NON-WETLANDS ............................................................................................................. II—5 FIGURE 10 LAND USE PLAN ..................................................................................................................................... II—10
FIGURE 11 BOUNDARY CROSS SECTIONS ................................................................................................................ II—11 FIGURE 12 TRAIL DETAIL ......................................................................................................................................... II—12
FIGURE 13 GRADING CONCEPT ................................................................................................................................ II—13 FIGURE 14 LANDSCAPE MAINTENANCE AREAS ...................................................................................................... III—18 FIGURE 15 MINI-PARK CONCEPT ............................................................................................................................ III—19
FIGURE 15A MINI-PARK CONCEPT FOR LOT 9 .......................................................................................................... III__20 FIGURE 16 COMMUNITY IDENTITY/ENTRYWAY SIGNS .......................................................................................... III—24
FIGURE 17 BLASTING AREAS AND TEMPORARY MATERIALS PROCESSING CENTERS ............................................. II—32 FIGURE 18 STREET CROSS SECTIONS ........................................................................................................................IV—5 FIGURE 19 CIRCULATION ..........................................................................................................................................IV—6
FIGURE 20 SEWER .....................................................................................................................................................IV—9 FIGURE 21 OFFSITE SEWER .....................................................................................................................................IV—10 FIGURE 22 DRAINAGE .............................................................................................................................................IV—12
FIGURE 23 NPDES FACILITIES ...............................................................................................................................IV—20 FIGURE 24 WATER ..................................................................................................................................................IV—21
FIGURE 25 PHASING PLAN ......................................................................................................................................... V—6 FIGURE 26 EIR SUMMARY TABLE ............................................................................................................................. V—8
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I. INTRODUCTION
A. Initiation of Plan
The Carlsbad Oaks North Specific Plan was prepared at the request of the property owner, Techbilt
Construction, Inc. In 1986, the Carlsbad Airport Business Center Specific Plan (SP 200) was approved.
Although the proposed Carlsbad Oaks North Business Park site was included as Area B of SP 200, the
document set forth the detailed regulations, conditions and programs for development of Area A, which consists
of 187 acres located directly to the south of the project site. This area has been developed with industrial uses in
accordance with the approval of SP 200. The split of the Specific Plan into the southern and northern parts was
determined to be the best mechanism to allow development of the southern portion of the Specific Plan. In
1986, it was anticipated than an amendment to the Carlsbad Airport Business Center Specific Plan would take
place to include a more detailed discussion of the northern portion of the Specific Plan. The proposed Specific
Plan for the Carlsbad Oaks North Business Park is proposed in lieu of the amendment anticipated to address
development of the site.
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B. Project Location and Ownership
The Carlsbad Oaks North Business Park project is located in the northeast quadrant of the City of Carlsbad,
entirely within the boundary of Local Facilities Management Zone 16. Specifically, it is located on a 414-acre
parcel north of Palomar Airport Road, one-quarter mile east of El Camino Real. A regional map depicting the
location of the property within the County and a vicinity map presenting the location of the property in the City
of Carlsbad are provided in Figures 1 and 2 on pages I-3 and I-4. The completion of Faraday Avenue and the
extension of El Fuerte Street will provide access to the site. Planned industrial and open-space land-use
designations surround the property on the north, south and west sides.
Immediately south of the proposed project is Carlsbad Oaks, an existing 187-acre industrial development
governed by the Carlsbad Airport Business Center Specific Plan (SP 200), Tentative Subdivision Map (CT 74-
21) and subsequent Final Subdivision. Grading, improvements for water, sewer, streets and drainage facilities
have all been completed on this area, as well as significant industrial building development. The Carlsbad
Safety Center and Faraday Industrial Park (CT 85-12), is located to the west of this property. This project has
not been recorded or developed. On the east side of the project, within the City of Vista, lies the Canyon Creek
single-family residential development. Canyon Creek is a 285 unit, 6,000 square foot minimum single family
project (PC 88-76) that is part of the Vista Business Park Specific Plan. Carlsbad Raceway is also located
approximately a half-mile east of the project site. Immediately north of the proposed project is the Dawson Los
Monos Canyon Reserve. This 260+/- acre sensitive area is part of the University of California Natural Land and
Water Resources System and is used by the university for scientific and educational purposes. The property
immediately to the west of this reserve is undeveloped county land with a portion being farmed. The property
is owned by Carlsbad Oaks North Partners, L.P., and Escondido Serenas Development, Inc., and is legally
described as: A portion of Lot “B” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 823, filed in the office of the county recorder of San Diego
County, November 16, 1896, excepting there from all that portion lying southerly of the northerly line of
Carlsbad Tract No. 74-21, according to Map No. 10372, filed in the Office of the County Recorder of San
Diego County, April 13, 1982.
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C. Specific Plan Acreage and Site Description
The project site encompasses a total of approximately 414 acres. The City’s General Plan designates 282 acres
for Planned Industrial (PI) and 135 acres for Open Space (OS). The proposed land use acreages are for
approximately 194 acres of Planned Industrial (PI) and 220 acres of Open Space (OS).
The development boundaries of the proposed industrial project which overlaps designated Open Space
boundaries represent an agreement with the City, State and Federal wildlife agencies and the land owner through
the Habitat Management Plan (HMP) “Hardline” process.
Environmentally constrained areas of the site include the Agua Hedionda Creek and its southern fork, La Mirada
Creek, and a linear riparian woodland consisting of oaks, willow and sycamore trees in the southerly portion of
the parcel. The site is also occupied by a number of sensitive habitat types including Coastal Sage Scrub,
Southern Maritime Chaparral/Nuttall’s Scrub Oak, Southern Mixed Chaparral, and Valley Needlegrass. The site
topography can be characterized by three different topographic areas: the north facing hillside slopes that extend
down from the existing Carlsbad Airport Business Center development to the south, the rocky hills which cover
the central and northern site areas, and the intervening east and west canyon drainage. Portions of the site have
been previously cultivated for agricultural purposes.
D. Purposes
The purpose of this Specific Plan is to provide for the design, development and operation of a light industrial
complex within the City of Carlsbad. The land-use plan and development regulations will insure an industrial
development that conforms to community goals and values and the protection of adjacent land uses from
unfavorable impacts. This Specific Plan will address land uses, development standards, design guidelines,
public facilities, infrastructure implementation measures, environmental considerations, administration, and
enforcement.
This Specific Plan is adopted pursuant to the provisions of California Government Code sections 65450 et seq.
and the Land-Use Element of the City of Carlsbad General Plan. The Specific Plan establishes the zoning and
development standards for this property. The Specific Plan provides detailed regulations, conditions and
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procedures for development within the area specified herein. Unless otherwise specified in this plan, the project
is consistent with and will implement the following city and airport land use plans/policies:
City of Carlsbad General Plan
Carlsbad Municipal Code, Section 21.90 (Growth Management Program)
Zone 16 Local Facilities Management Plan
McClellan-Palomar Airport Comprehensive Land Use Plan
E. Proposed Land Uses
The entire property is currently designated under two major General Plan land-use classifications. 282 acres are
designated as Planned Industrial (PI), with the remaining 135 acres designated as Open Space (OS) (See Figure
5, page I-13). Proposed land uses will result in an adjustment to the existing land use boundaries of the General
Plan so that 194.5 acres are designated for PI (including 26.6 acres of roadways) and 219.5 acres are designated
as OS in conformance with the City’s Habitat Management Plan (HMP) hardline open space boundaries (See
Figure 6, page I-14). Zoning for the property will be changed to Planned Industrial (P-M) and Open Space
(OS), consistent with the land use designation boundaries (See Figure 7, page I-15).
Carlsbad Oaks North Business Park is a planned industrial development which will consist of several different
uses such as industrial, research and development, and office uses. Commercial land uses that directly support
the industrial park may be permitted on certain lots along Faraday Avenue and El Fuerte Street (approximately
44.3 acres). The Tentative Map consists of 23 industrial lots ranging in size from 2.6 acres to 20.8 acres, 1
Open Space lot (Lot 9) for a passive recreational area or a future pump station, and 3 Open Space lots.
Industrial pad acreages range in size from 1.8 to 20.6 acres. Two circulation arterial roadways must be extended
to provide access to the site: Faraday Avenue will be extended from its existing easterly terminus to the Specific
Plan eastern boundary, and El Fuerte Street from its existing northerly terminus to Faraday Avenue. A table and
map detailing proposed land uses and associated square footage is provided on Figures 3 and 4, pages I-7 and I-
8, respectively.
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Figure 3 Land Use Acreages
USES ACRES Industrial 167.3 ac. (Commercial Uses within Industrial) (44.3 ac)*
Sewer Pump Station/Open Space 0.6 ac.
Streets 26.6 ac.
Open Space 219.5 ac.
TOTAL 414.0 acres
*Note: The acreage for auxiliary Commercial Uses within Industrial is included within the Industrial Acreage.
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F. Issues Addressed in the Plan
Issues addressed by this plan include land use compatibility with the existing industrial development to the south
(Carlsbad Airport Business Center), the existing open space and industrial development to the west (Faraday
Industrial Park, the Dawson Los Monos Canyon Reserve to the north, the existing residential development to the
east, and the airport. Issues also include preservation of open space (including the protection and maintenance
of sensitive biological resources), visual aesthetics of the development, consistency with the General Plan,
provision of adequate public facilities and improvements, and the Zone 16 Local Facility Management Plan.
G. Relationship of the Plan’s Policies to its Regulations
The Carlsbad Oaks North Specific Plan is both a policy and a regulatory document. The Plan will serve as the
zoning ordinance for the subject property. Where the plan varies from the existing city regulation, specific
policy statements are presented to clarify the intent and purpose of the proposed regulation.
The specific plan goals and policies, as specified in Section IID below, will serve to generally guide and direct
development within Carlsbad Oaks North Business Park. The specific plan regulations will implement these
goals and policies. Detailed regulations will control the type, location, intensity, and appearance of
development in Carlsbad Oaks North Business Park. The illustrative plans contained in this document are
conceptual in nature only. Specific project site design shall be subject to future City review and must conform
to all applicable codes, standards and design requirements.
H. Compliance with the General Plan
The Carlsbad Oaks North Specific Plan is consistent with and implements the Carlsbad General Plan.
Specifically, it addresses the following General Plan goals applicable to Carlsbad Oaks North Business Park:
1. Land Use Element
a. Industrial Goal A - A City which develops an industrial base of light, pollution-free industries.
The Carlsbad Oaks North Specific Plan is consistent with the intent of this goal, as it incorporates office,
research and development and light manufacturing uses into the Specific Plan.
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b. Commercial Goal A – A City that achieves a healthy and diverse economic base by creating a climate for economic growth and stability.
The light industrial component of the Carlsbad Oaks North Specific Plan will strengthen the City’s tax base, as
well as provide increased job opportunities for local residents. The Carlsbad Oaks North Specific Plan allows
for the commercial development of appropriate lots to serve the needs of the specific plan’s tenants as well as
accommodating local residents.
c. Employment Goal A – A City which develops an industrial base of light, pollution-free industries of such magnitude as will provide a reasonable tax base and a balance of opportunities for employment of local residents.
The Carlsbad Oaks North Specific Plan includes 23 industrial lots ranging in size from 3.0 acres to 20.7 acres,
which will provide a significant tax base, as well as employment opportunities for local residents.
d. Environmental Goal A – A City which protects and conserves natural resources, fragile ecological areas, unique assets and historically significant features of the community.
The Carlsbad Oaks North Specific Plan is consistent with the intent of this goal by protecting large areas of
natural resources, and by buffering the Los Monos Canyon Reserve. The project area is generally drained by
the Agua Hedionda Creek. The northwest portion of the project area drains to Agua Hedionda creek, and the
remaining portion of the area drains south to La Mirada Creek, which is a major tributary of Agua Hedionda
Creek. All proposed lots drain southerly away from the Los Monos Reserve. A small area of undeveloped land
adjacent to the reserve will drain from the Carlsbad Oaks North open space lot 12 to the northwest and into the
natural drainage course into the reserve.
2. Open Space and Conservation Element
a. Goal A.1 Preserve and create an open space system
Preservation of open space, and particularly the large open space habitat corridor that wraps around the Specific
Plan area from the northwest to the southeast, is an important aspect of the Specific Plan. Open space
constitutes the largest single land use within the Specific Plan area, and much of the Specific Plan open space is
in this large, contiguous habitat corridor. The large open space areas shown in the Carlsbad Oaks North
Specific Plan will provide a certain degree of visual relief to the industrial park, as well as a sense of natural
spaciousness.
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3. Circulation Element
a. Alternative Modes of Transportation Goal A – A City which promotes, encourages, and accommodates a variety of transportation modes as alternatives to the automobile.
The circulation plan for Carlsbad Oaks North Business Park has been designed to comfortably accommodate
automobile, mass transit, pedestrian and bicycle needs. Bus services, shuttle linkages to the Coaster, bicycle and
pedestrian trails are all encouraged in Carlsbad Oaks North Business Park as alternatives to the automobile, as
discussed below.
b. Street and Traffic Control Goal A.1 – A City with an integrated transportation network serving local and regional needs which accommodates a balance of
different travel modes based on safety, convenience, attractiveness, costs, environmental and social impacts.
Regionally, the city of Carlsbad, is served by the North County Transit District (NCTD) which provides bus
transit services to the north county coastal communities, including the cities of Oceanside, Carlsbad, Encinitas,
and Del Mar. The NCTD currently operates two local bus routes through the City of Carlsbad, two “corridor”
bus routes which run along the coastal corridor and the El Camino corridor inland, and one express line that
provides bus service from Oceanside to La Jolla and San Diego. A commuter rail service, the Coaster, has been
established linking Oceanside with San Diego along the existing San Diego Northern Railroad which connects
Los Angeles and San Diego. Two station locations in the city of Carlsbad, on Grand Avenue and on Poinsettia
Lane have been constructed along the 42 mile Coaster line. Support transit service, in the form of shuttles, will
be encouraged between the stations and Carlsbad Oaks North Business Park.
The Carlsbad Oaks North Specific Plan will provide a pedestrian circulation system which is both safe and
comfortable, thus encouraging non-vehicular traffic. A pedestrian trail easement within the open space system
or an expanded right-of-way along El Fuerte Street and Faraday Street will enhance the pedestrian experience,
thus encouraging the use of alternate modes of transportation. In addition, with the completion of Faraday
Avenue and El Fuerte Street, public transportation will have access to the Specific Plan area.
I. Entitlement Approvals Permitted by the Specific Plan
Approval of this specific plan establishes the zoning for Carlsbad Oaks North Business Park, setting forth the
permitted uses and regulatory criteria and guidelines. Future development of Carlsbad Oaks North Business
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Park is subject to all terms and conditions of the specific plan. This plan serves to implement the General Plan in
conjunction with the Planned Industrial (PM) zoning classification on the site. Any details or issues not
specifically covered by this Specific Plan shall be subject to the regulations of the Carlsbad Zoning Code. All
development will comply with the development standards of the PM zone, Chapter 21.34 of the Zoning
ordinance unless otherwise specified herein. Approval of this plan does not vest any rights for future approvals
of any licenses, discretionary acts or other entitlements necessary for future development within Carlsbad Oaks
North Business Park.
An Environmental Impact Report, Local Facility Management Plan Amendment, Tentative Map, Special Use
Permit, Hillside Development Permit and Planned Industrial Permit have been processed concurrently with this
Specific Plan. Future discretionary approvals required prior to development in the specific plan area shall
include one or more of the following:
Minor Site Development Plan
Non-Residential Planned Development Permit (as appropriate)
Conditional Use Permit (as appropriate)
J. Severability Clause
In the event that any regulation, condition, program, or portion of this specific plan is held invalid or
unconstitutional by the California or Federal Court of competent jurisdiction, such portions shall be deemed
separate, distinct and independent provisions, and the invalidity of such provisions shall not affect the validity of
the remaining provisions thereof.
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II. LAND USE
A. Introduction
This section describes the Carlsbad Oaks North Specific Plan, its goals and proposed land uses. It begins with
an overview of the site’s opportunities and constraints for development, including land use compatibility issues,
natural and cultural features, and infrastructure considerations. A general development concept follows, which
describes the proposed land uses. Goals, objectives, and policies follow, which will provide the framework for
future development of Carlsbad Oaks North Business Park.
B. Opportunities and Constraints
1. Land Use Compatibility Issues
Carlsbad Oaks North Business Park is compatible with the existing industrial developments to the south
(Carlsbad Oaks Business Center) and west (Faraday Industrial Park). Its proximity to the Dawson Los Monos
Reserve to the north and the residential development in the City of Vista to the east will require special
consideration to achieve compatibility with respect to noise, hazards and aesthetics. The development also lies
within the flight activity zone of Palomar Airport. To achieve compatibility with Palomar Airport and to meet
FAA requirements, a building height restriction matching the highest natural elevation on the property will be
required.
2. Natural and Cultural Features
The most significant natural feature on the site is the Agua Hedionda Creek and its southern fork, La Mirada
Creek, which cross the southerly portion of the parcel. Natural plant communities along this area include oak
riparian forest, oak woodland, willow scrub, and marshes. Much of this natural habitat will be preserved. On
the remainder of the site are gently rolling shrub-covered hills previously cultivated for agricultural purposes.
Predominant plant communities here include chaparral and coastal sage scrub. Several eroded hillsides contain
gullies. To the north of the site lies the 218 acre Dawson Los Monos Reserve. This sensitive area is part of the
University of California Natural Land and Water Resources System and is used by the university for scientific
and educational purposes. A 300’ buffer between the Reserve and the project is proposed (see Figure 10, page
II-10).
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Cultural sites are located within the boundaries of Carlsbad Oaks North Business Park. The sites have been
identified and will require further investigation or possible mitigation prior to grading or disturbance.
3. Infrastructure Considerations
The alignments of Faraday Avenue and the extension of El Fuerte have been carefully considered to minimize
impacts on La Mirada Creek and still function as intended by the Circulation Element. Creek crossings, which
would have been originally required by the General Plan alignment, have been eliminated by moving the
alignment of El Fuerte westward. The only remaining creek crossing occurs where the creek narrows, so that the
impacts are lessened.
The City’s Sewer Master Plan calls for the construction of the South Agua Hedionda Interceptor Sewer from the
Raceway property near Melrose Avenue at the Carlsbad/Vista boundary northwesterly through Carlsbad Oaks
North Business Park and County of San Diego property, along Sunny Creek to the existing line recently
constructed for the “Terraces” residential subdivision. The South Agua Hedionda Interceptor Sewer cannot be
constructed north of Faraday Avenue due to environmental constraints. Therefore, the sewer alignment consists
of a gravity sewer within an existing sewer easement road south of Faraday Avenue from the Carlsbad Oaks
North eastern boundary to the El Fuerte Street right-of-way where it continues north to Lot 9. At Lot 9, the
sewer will become a force main sewer utilizing a pump station. The force main sewer will be constructed within
the rights of way of El Fuerte Street north to Faraday Avenue and west in Faraday Avenue to El Camino Real
and north to the connection of the South Agua Hedionda trunk sewer near College Blvd.
Vista Sanitation District has indicated that they will relocate two existing force mains from onsite easement
location to Faraday Avenue, westerly to the County of San Diego property and to El Camino Real.
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C. General Development Concept
The Carlsbad Oaks North Business Park is a planned industrial development that will consist of several different
uses such as industrial, research and development, office and auxiliary commercial uses. The Tentative Map
consists of 23 industrial lots, ranging in size from 2.6 acres to 20.8 acres, 1 open space lot (#9) for a future
pump station and/or recreational use, and 3 open space lots. Industrial pad acreages range in size from 1.8 to
20.6 acres. Auxiliary or conditional uses that directly support the industrial park are required on either Lot 1 or
2, and may be permitted on lots that front on Faraday Avenue, subject to the issuance of a Conditional Use
Permit. Access to the industrial park will be provided from El Fuerte Street and Faraday Avenue. The internal
circulation consists of a loop street with cul-de-sacs. The driveway locations (shown on the Tentative Map)
have been designed to be consistent with current location and engineering requirements (see Figure 10, Page II-
10).
Preservation of open space, and particularly the large open space habitat corridor that wraps around the Specific
Plan area from the north to the southeast, is an important aspect of the Specific Plan. Open space constitutes the
largest single land use within the Specific Plan area, and much of the Specific Plan open space is in this large,
contiguous habitat corridor. Other open space areas include employee eating areas, a pedestrian trail system,
landscaped setbacks, and slope areas. All designated open space areas are to be maintained by the Carlsbad
Oaks North Business Park Association until such time that ownership is transferred to a natural lands
management entity. Four open space categories are addressed within the Carlsbad Oaks North Specific Plan
Area.
1. Open Space for the Preservation of Natural Resources
219.5 acres are dedicated as open space. The large open space habitat corridor, which wraps around
the Specific Plan area from the northwest to the southeast, is preserved as part of the City of Carlsbad’s
Habitat Management Plan. This open space comprises significant environmental and aesthetic
resources including segments of Agua Hedionda Creek and La Mirada Creek.
2. Open Space for the Managed Production of Resources
This area has not recently been used for agricultural purposes, or mined for mineral reasons. No
portion of the Specific Plan will be reserved for the production of such resources.
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3. Open Space for Outdoor Recreation
This project will provide 1.3 miles (6,800 linear feet) of Pedestrian Trail.
This project will provide 0.8 acres of private recreational facilities (employee eating areas).
4. Open Space for Public Health and Safety
A limited amount of manufactured slopes adjacent to natural areas is maintained in open space.
Where Faraday Avenue and the creek intersect several open space features will be constructed. An
oversized culvert is proposed under Faraday Avenue to serve as a drainage facility. The culvert is
proposed at or near the flow line of the existing water course. The location of the Faraday Avenue
crossing was chosen to eliminate a creek crossing with El Fuerte Avenue and there is a natural narrow
area which reduces wetland impacts. A separate animal crossing will be constructed here.
Based on drainage studies for the project, a detention basin is required to mitigate impacts further
downstream near El Camino Real (at the Rancho Carlsbad Mobile Home Park). A dike is proposed
upstream from Faraday Avenue to pond water up to elevation 240 and will back up water from the
dike.
D. Goals and Policies
Goal A. Establish an industrial development that will strengthen the City’s tax base and provide increased job opportunities for local residents.
Policy A1. Allow for the development of approximately 167 acres of industrial, research and development, and office uses, and related auxiliary or conditional uses.
Policy A2. Allow for the development of approximately 44 acres of auxiliary commercial uses on lots that front Faraday Avenue.
Goal B. Establish an attractive industrial development that will blend the natural and built environment, and create a high quality industrial development.
Policy B1. Set development standards and design guidelines that will create a well-designed and aesthetically pleasing industrial park.
Policy B2. Develop a landscape concept that creates the industrial development’s character. Develop a rich landscape character which will attract top quality businesses and industrial users while balancing project-wide continuity, tenant
visibility, employee recreational needs, maintenance concerns and the surrounding natural resources. Establish landscape standards to address Entry Areas, Major Parkways, Slopes, View Opportunities, Perimeter/Native Edge Conditions, Brush Management and the Individual Lot Development.
Policy B3. Establish a Carlsbad Oaks North Business Park Association to maintain all landscaped open space areas and an architectural review committee to review the design of future industrial buildings.
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Goal C. Grading and drainage approaches for the site should build on the topographic character of Carlsbad Oaks North Business Park.
Policy C1. All grading within the Specific Plan area will be in accordance with the requirements of Carlsbad’s Hillside Ordinance.
Policy C2. Establish a storm water management system (SWPP) which utilizes, to
the extent feasible, natural drainage courses, and best management practices to improve environmental quality of water runoff prior to discharge from the site.
Goal D. Create an open space system that protects and conserves the natural resources while encouraging public awareness and appreciation of the fragile ecological areas
surrounding the La Mirada Creek and Agua Hedionda Creek (see Figures 10 and 12, pages II-10 and II-12).
Policy D1. Increase public awareness of the La Mirada Creek area by creating vistas along Faraday Avenue and El Fuerte Street of the large expanses of natural open space.
Policy D2. Provide an open space buffer around the La Mirada Creek and Agua Hedionda Creek through dedication of an open space easement over 219.5 acres as part of the City’s HMP preserve system.
Policy D3. Landscaping of manufactured slopes adjacent to open space areas shall be naturalizing, blending with the native vegetation.
Policy D4. Ensure the maintenance of the open space is in accordance with HMP interim and permanent maintenance provisions.
Policy D5. Dedicate a public pedestrian trail easement through the open space over the existing utility access road.
Goal E. Protect the Dawson Los Monos Canyon Reserve.
Policy E1. Establish a 300’ average buffer along the northern boundary of the industrial lots.
Policy E2. Landscaping of manufactured slopes adjacent to the buffer shall be a
naturalized, non-invasive seed mix.
Goal F. Provide a circulation system that facilitates movement and access needs of automobiles, pedestrians, and bicyclists.
Policy F1. El Fuerte Street and Faraday Avenue shall be designed in accordance with the Secondary Arterial street standards. The internal loop street and cul-de-sacs shall be designed in accordance with Industrial street standards with sidewalks and bike lanes.
Policy F2. Provide approximately 1.3 miles of pedestrian trail.
Policy F3. Encourage the use of alternative modes of transportation through:
Provision of a safe and efficient pedestrian circulation system.
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Provision of potential locations for future bus stops within the Specific Plan area
(the exact location to be determined at the time of Tentative Map approval).
Goal G. Minimize impacts to the adjacent residential development (see Figure 11, page II-11).
Policy G1. Establish an adequate separation between existing residential and future
industrial uses through implementation of minimum setbacks and possible limitation to office uses (to be determined by environmental analysis), with a berm or block wall to mitigate impacts.
Policy G2. Landscaping along the setback shall be carefully chosen and located to achieve maximum screening potential.
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III. DEVELOPMENT STANDARDS AND DESIGN GUIDELINES
This section provides standards that will allow unique site planning and building design on individual parcels
while maintaining regulations assuring the development of an industrial center of excellent quality. Various
setbacks, building separations, building heights and architectural styles will result from the various building
types and land uses and prevailing topography. In accordance with Section 21.34.050 a separate Minor Site
Development Plan shall be required to be submitted for review and approval by the City Planner for each
industrial lot, with the exception of Lot 1 as explained below, proposed for development within the Specific
Plan boundaries. Except as modified by this plan, all projects shall comply with the Planned Industrial (PM)
Zone development standards (Section 21.34.070), Sign Ordinance (Chapter 21.41), and the Parking Standards
(Chapter 21.44) of the Carlsbad Municipal Code. In instances where a non-residential planned development is
proposed, a Non Residential Planned Development Permit shall be approved by the Planning Commission in
accordance with Chapter 21.47 of the Carlsbad Municipal Code.
Approved by Planning Commission Resolution No. 7310, 7311, 7312 and City Council Ordinance No. XXXX,
XXXX, Lot 1 within the Specific Plan amended its land use designation to Office, and zone change to Office.
Therefore, Lot 1 shall comply with the development standards of the Chapter 21.27 Office zone of the Carlsbad
Municipal Code.
A. Permitted Uses
All uses shall conform to the general development concepts for a high-quality business park, with all standards
and restrictions established by this plan and with the CC&Rs. Uses in Carlsbad Oaks North Business Park will
be limited to light-and medium-industrial uses, research and development uses, industrial support and services
uses and professional office uses, provided that such uses are confined within a building or buildings and do not
contribute excess noise, dust, smoke, vibration, odor or toxic or noxious matter to the surrounding environment
nor contain a high hazard potential. Uses permitted shall comply with the provisions of this document. In
addition, the following conditions restricting the use of hazardous materials shall be required:
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1. No project facilities located within 1,000 feet of any residential unit shall store, handle, or use toxic or
highly toxic gases as defined in the most currently adopted fire code at quantities that exceed exempt
amount as defined in the most currently adopted fire code.
2. Facilities that store, handle, or use regulated substances as defined in the California Health and Safely Code
25532 (g) in excess of threshold quantities shall prepare risk management plans for determination of risks to
the community.
3. Facilities that store, handle, or use any quantity of a toxic or highly toxic gas as defined in the most
currently adopted fire code, which are also regulated substances as defined in the California Health and
Safely Code 25532 (g) shall prepare an offsite consequence analysis (OCA). The analysis shall be
performed in accordance with Title 19 of the California Code of Regulation 2750.2 through 2750.3. If the
OCA shows the release could impact the residential community, the facility will not store, handle, or use the
material in those quantities. If a decrease in the quantity of material reduces the distance to toxic endpoint
to where the community is not impacted, the facility shall be able to utilize the material in that quantity.
Computer models may be utilized as a tool to determine the distance a hazardous material can travel if
released to the atmosphere. Parameters such as temperature, wind speed, atmospheric stability, and quantity
released, material properties, and type of release (e.g., pressurized gases) is considered by these models.
Models can by overlayed onto maps, which will show the distance to toxic endpoint in the event of a
release. These models can be performed under “worst case” meteorological conditions and chemical
release. Under this situation, the maximum harm potential is determined from the most sophisticated
method available to ensure community safely.
1. Primary Uses
Those uses that are permitted in the Carlsbad Oaks North Business Park upon the approval of a Planned
Industrial Permit shall be those that are listed in Section 21.34.020 of the Carlsbad Municipal Code and those
uses permitted with a Conditional Use Permit in Section 21.34.020 of the Carlsbad Municipal Code, except that
all uses must conform to items 1-3 above regarding the use of hazardous materials. The uses permitted on Lot 1
shall be those that are listed in Section 21.27.020 of the Carlsbad Municipal Code and those uses permitted with
a Conditional Use Permit in Section 21.27.020 of the Carlsbad Municipal Code. All uses will conform to
Section 21.34.090 of the Carlsbad Municipal Code unless otherwise specified herein, which limits potential
noise, odors, vibrations, humidity, heat, glare, or high intensity illumination. This section also requires that all
uses meet air quality standards, requires manufacturing to be indoors, and disallows outdoor storage and loading
areas adjacent to non-industrial properties.
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2. Auxiliary Uses
Those auxiliary uses which directly support the industrial park and are listed in Section 21.34.020 of the
Carlsbad Municipal Code, may be permitted upon lots 1, 2, 5, 6, and 8 subject to issuance of a Conditional Use
Permit in accordance with the Conditional Uses Ordinance, Chapter 21.42 of the Carlsbad Municipal Code.
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3. Passive Open Space Use Areas and Eating Areas
Two community passive view areas/eating areas will be developed within the Carlsbad Oaks North Business
Park, with the possibility of a third. The first area is located at the intersection of El Fuerte Street and Faraday
Avenue, on the eastern edge of Lot 1. The second area is on the south side of Faraday Avenue, opposite the
intersection of Faraday Street and the easterly intersection of “D” Street. A third passive open space site may be
provided on lot 9, provided that lot 9 is not utilized as a pump station (see Figure 14, page III-18). Each of
these locations will afford users an opportunity to view the native open space areas, which are a unique feature
of the site. Passive outdoor uses such as individual lunches, small informal employee gathering or "breaks"
from work are intended for these sites. These sites shall be installed by the developer and provided for the
tenants of the Carlsbad Oaks North Business Park prior to occupancy of the first industrial building.
4. Open Space
Open Space Lots 10, 11, and 12 are subject to the provisions of the Open Space Zone, Chapter 21.33 of the
Carlsbad Municipal Code, except as otherwise provided herein, and shall be subject to any future management
plan approved by the City and implemented by a natural lands management entity. No encroachment or
development shall be permitted, except as required for biological mitigation, passive recreation areas, utility
easements, and trails including any necessary fencing and signage, as shown on Carlsbad Tract Map CT 97-13,
required by Program EIR 98-08, and/or this document.
B. Parking
All parking shall be provided onsite. The parking requirement for all uses shall comply with Chapters 21.44 of
the Carlsbad Municipal Code. Where two or more uses occupy a single structure the parking requirement shall
be determined by calculating the requirement for each use individually based on its proportional share of total
floor area. No change to a use requiring more parking will be allowed unless the additional parking is provided.
If the additional parking is not provided, the City shall deny the appropriate permit or license for the new use.
No parking shall be allowed in the required front yard and street side yard setbacks. No credit shall be given for
on-street parking.
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The size and access of all parking spaces and aisle-ways shall follow the standards as provided in Section
21.44.050 of the Carlsbad Municipal Code. No parking overhang will be allowed into any required setback
area. Parking overhang will be allowed only in special specific situations as reviewed and approved by the City
Planner on a case-by-case basis. In no case shall parking overhang be allowed for compact car spaces.
Parking structures shall be located away from Faraday Avenue and El Fuerte Street and shall be screened from
public view to the maximum extent possible. Above ground structures should utilize landscaped earth berms
around the edges to reduce the apparent height of the structures. Architectural treatment, building materials and
colors shall be consistent with surrounding buildings. Architectural treatment (e.g., moldings and joints) should
be utilized to provide relief on large walls. Decorative screens, planter boxes, and/or trellis elements of durable
high quality materials and vine planting are also required on each level to screen and soften the appearance of
parking structures. Section E.3(d) of this chapter identifies the landscaping standards within the parking lot
areas.
C. Building Setbacks
Except as otherwise provided herein Lots 2-23 all setbacks within the Carlsbad Oaks Specific Plan area shall be
subject to and consistent with Section 21.34.070 (B) of the Planned Industrial zone. Lot 1 setbacks shall be
subject to and consistent with Section 21.27.050. For the purpose of this Specific Plan, front and street side yard
setbacks are defined as the minimum distance from the ultimate right-of-way line of the frontage street. Side
and rear setbacks shall be measured from the property line. Setback areas shall be landscaped and irrigated in
accordance with this plan and the PM zone.
1. Special front setback for Lots 15-19, and 27: Lots 15, 16, 17, 18, and 19 shall have a minimum 25’
setback, or to top of slope, whichever is greater, exclusive of any driveway other than a driveway
perpendicular to the fronting street that provides access to the lot. Lot 27 shall have a minimum 25’ front
setback on Street C if an average 35’ setback is provided on Street D.
Improvements Within Setbacks: The following improvements are specifically permitted in the street-
side setback, unless otherwise specified in this section:
a) Walks;
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b) Driveways that run perpendicular to a fronting street and provide direct access from the street
to parking areas shall be permitted. However, upon approval of the City Planner, the
landscaped portion of the setback may be reduced to 35’ to accommodate a driveway along
the portion of the setback furthest from the right-of-way of El Fuerte Street and Faraday
Avenue, or within 25 feet of the right-of-way line of the interior streets. Any driveways within
front-yard setbacks shall be screened from public or private streets by a mixture of mounding
and planting to the satisfaction of the City Planner.
c) Landscaping (with restrictions as listed below);
d) Planters, architectural fences or walls not to exceed 3 feet in height. (Excluding sight distance
corridors which shall be less than 30 inches above street grade.)
e) Monument signs as controlled by this Specific Plan and also subject to sight-corridor
restrictions of this plan.
In the case of through lots extending from street to street, both street frontages shall be treated as a
street setback.
2. Special Rear Building Setback and Landscape Buffer for Lots 8, 13, and 17:
a) Lots 8 and 13 rear building setback: A minimum 150’ building setback from rear property
lines shall be provided.
b) Lot 17 rear building setback: A minimum of 150’ at the southern property line and a
minimum of 75’ at the northern property line shall be provided (see Figure 10, Page II-10).
c) Landscape Buffer (Lots 8, 13, and 17): A minimum width of 60’ from the eastern property
line that includes a 10’ wide drainage swale and 50’ of landscaped buffer, or 10’ beyond top
of slope, whichever is greater, shall be provided. The minimum 50’ wide landscape buffer
shall be comprised of a minimum 12’ high slope or berm and a uniform 6’ high split face
masonry wall with pilasters and caps located at the top of slope/berm along the entire eastern
property boundary.
3. Slope Edge Building Setback: In accordance with Hillside Development Regulations, Section 21.95.120 of
the Carlsbad Municipal Code, all main and accessory buildings that are developed at the top of perimeter
slopes greater than fifteen feet in height shall be set back so that the building does not intrude into a .7 foot
horizontal to one foot vertical imaginary diagonal plane that is measured from the edge of slope to the
building. This setback shall be measured from the edge of the slope prior to additional grading (fill) to
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extend the slope edge through the use of retaining walls. In no case shall setbacks be less than otherwise
required by this document.
4. Fire Suppression Setback: A minimum building setback of 30 feet from the property line shall be required
for fire suppression on the lots abutting native vegetation (see Figure 10, page II-10). The fire suppression
setback may not encroach into native vegetation, including manufactured slopes revegetated with native
species.
D. Minimum Lot Size
Except as otherwise provided herein, minimum lot area shall be subject to and consistent with Section
21.34.070(B) of the Planned Industrial Zone. Lot 1 shall be subject to and consistent with Section 21.27.050.
E. Landscape Architecture
1. Landscape Concept Statement
A number of factors have been considered in establishing the landscape character and development
criteria for the Carlsbad Oaks North Business Park Specific Plan. The prominent physical features of
this hillside site are the generous entry streetscapes, which provide instant overview of the Business
Park, large expanses of natural open space, and the site-sensitive graded slopes. These irregular slopes
create a clustered development providing opportunities for a natural pattern of plant massing as viewed
from a distance, and terraced overviews from the individual building pads. With this in mind, the
intended setting for the Carlsbad Oaks North Business Park is reflected in the project's name. Oak
trees will serve as a theme tree at entry monuments and along major streetscapes. Clustered groves of
trees, planted in informal groupings of the same species, provide the primary support of the theme.
Trees should be placed in large, informal groupings with shrubs massed below to give the appearance
of being a remnant of an old grove or forest.
Additional landscape components such as low maintenance, drought resistant plant material,
preservation of existing naturalized and native vegetation, a brush management program and sensitivity
to the surrounding areas will all contribute to the success of the Specific Plan Area.
The following guidelines for the landscape character, themes, treatments and plant material selections
are only guidelines and shall not be construed as absolute requirements.
Alternative concepts should be allowed as long as careful consideration is given to ensure the creation
and enhancement of an aesthetically pleasing environment for this planned development.
2. General Requirements
a. All landscaping must comply with the City of Carlsbad Landscape Manual.
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b. All areas within the developed area such as setbacks and areas not used for parking or storage shall
be landscaped with groundcovers, shrubs, and tree materials.
c. Natural Open Space Areas: Open Space Lots 10, 11, and 12 will be maintained in accordance with
the approved management plan by the Carlsbad Oaks North Business Park Association until some
future date at which time ownership will be transferred to the City or its designee for perpetual
maintenance.
d. Undeveloped Areas: For those parts of the property, in which immediate development is not
proposed, the property shall be maintained by the developer/owner/lessee. These areas need not
be fully landscaped until such time as the Planned Industrial Permit is implemented. All required
setback areas shall be fully landscaped and maintained until development occurs.
e. Screening: Areas used for parking, trash enclosures and all other accessory buildings shall be
landscaped in such a manner as to screen said areas from access streets and adjacent properties.
Plant materials for this purpose may consist of lineal or grouped masses of shrubs and/or trees.
Landscape screening of parking lots from adjacent roadways and/or single family residences shall
be required. No parking overhang shall be permitted at the top of slope. Cars may be screened
from tops of slope by a combination of shrubs, trees and low masonry walls. Where parking lots
will be visible from public streets at or below grade, the use of landscaped berms shall be used
which are of sufficient height to screen parked cars.
f. All landscaping shall meet the requirements for sight distance corridors (see Figure 16, page III-
22).
g. All landscaping pursuant to this section (except for parking areas and other building pad
landscaping), shall be installed by the developer upon completion of mass grading in accordance
with the approved landscape plan and maintained through the Business Park association and/or, if
approved by City Council, a maintenance district.
h. Individual lots: Building pads not occupied by buildings or parking lots shall be entirely
landscaped and maintained in accordance with the approved landscape plan. These areas include
required setbacks, berms, parking area planting and building perimeters. A minimum of 10
percent of the required parking area inclusive of driveways shall be landscaped. Landscaping in
the building setback areas shall not count towards meeting this requirement.
i. A detailed landscape and irrigation plan shall be submitted and approved by the City Planner prior
to the approval of the final map for any phase of this project. Additionally, a detailed landscape
plan shall be approved as part of the Planned Industrial Permit requirement for each industrial lot.
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3. Landscape Treatment
Eight different categories of landscape treatment have been identified which represent the various
landscape conditions that occur throughout the Specific Plan area. These categories describe the
landscape treatments unique to each area or condition. Tree suggestions are provided within each
classification while project-wide shrub and groundcover suggestions follow at the end of this Section.
The Landscape Concept Plan (Figure 14, page III-18) compiles these criteria into a graphic form for
use as a visual guide for locations and overall site development.
The categories are as follows:
a. Entry Treatments
b. Streetscape and Street-side Setbacks (Major and Minor Streets): Including streets,
adjacent slopes and building setback areas
c. Interior Slopes and Setbacks: Slopes within the project and setback areas between building pads
d. Parking Areas: Parking areas associated with the final building plans
e. Passive Open Space Use Areas and Eating Areas: Developer provided passive open use sites and outdoor eating areas
f. Perimeter Screening: Perimeter treatments along the north and eastern edge adjacent or
oriented toward the existing residences
g. Naturalizing / Exterior Slope: Slopes oriented toward the natural open space areas
h. Fire Suppression/Slopes
i. Suggested Shrubs and Groundcovers (all landscape treatment areas)
a. Entry Treatments:
One primary and two secondary entry statements providing a sense of arrival will be developed at the
intersection of Faraday Avenue and El Fuerte Street and the two main entry points to the Carlsbad Oaks
North Business Park at the intersections of Faraday Avenue and Street “D” (respectively). See Figure
14, page III-18. These entry areas will include monument walls or signs along with strong identifying
landscape elements. A refined landscape character will be created through the use of certain plant
material, enhanced paving, lighting, and contour berming. Groupings of mature oak trees (transplant
existing specimen oak trees located onsite where feasible or offsite as necessary) will provide a strong
identifying background element at the entries along with other accent trees, accenting shrubs and
groundcover.
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Entry/Monument tree suggestions:
Quercus agrifolia Coast Live Oak
Pyrus species Ornamental Pears
Pinus species Pine
b. Streetscape and Street-side Setback Areas:
The streetscape area encompasses the street right-of-way, the adjacent street-side setback area and any
additional slope area, which is oriented toward the street throughout the Business Park. An overall
landscaping program comprised of an effective combination of street trees, tree massing, shrubs and
ground cover shall be established to unify the development. A 50-foot landscaped setback is provided
along El Fuerte Street and Faraday Avenue. Streets A, B, C, and D shall include an average 35’ wide
landscape easement that promotes greater continuity through Carlsbad Oaks North Business Park as
well as with the adjacent Carlsbad Oaks West and Carlsbad Oaks East Business Parks. It also affords
opportunities for enhanced landscape treatment within the streetscape areas, as well as providing
additional distance between the travel lane and future buildings. Large, street-facing slopes should be
densely planted with shrub material of varying height and groundcover to minimize the constructed
quality of the slopes and maintain a more natural appearance. Slope trees should be planted in large,
informal groupings of the same species to create a dense "grove" effect. While dense tree planting is
preferred, special attention should be given to preserve view opportunities. Tree placement should be
done with reference to anticipated location of all structures.
1) Major Streets (El Fuerte and Faraday Avenue): Except for approved driveway and sidewalk
locations, the entire area between the curb and the building setback line along with any
additional slope area which is oriented toward the street shall be landscaped and maintained
by the developer, Carlsbad Oaks North Business Park association or maintenance district.
Street tree planting shall be formal along these streets.
2) Industrial Streets: Except for approved driveway and sidewalk locations, the entire area
between the curb and the building setback line along with any additional slope area which is
oriented toward the street shall be landscaped and maintained by the developer, Carlsbad Oaks
North Business Park association or maintenance district. Street trees shall be planted in
informal groupings.
3) Berms: The landscaping in all street-side setbacks shall include berms to screen parking
where possible and as noted below. The average height of berms along major streets and
Street “D” shall be 36 inches. The height of the berm shall be measured from street curb or
parking lot curb, whichever is higher. When the parking area is more than 36 inches below
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street level, the berm may be reduced to 18 inches. Berms are not required where the entire
area between the street and building is to be landscaped and free of parking.
4) Intersections: Accent or enhanced landscaping shall be provided at key intersections
throughout the business park. Landscaping and berms, not including trees, will be limited to a
height of 30 inches within the triangle formed by a line extended between points 45 feet
distant from the intersection of the right-of-way lines prolonged. Collector and arterial streets
shall conform to AASHTO sight distance requirements (see Figure 16, page III-22).
5) Driveways: Landscaping and berms, not including trees, will be limited to a height of 30
inches within the triangle formed by a line extended between points 45 feet distant from the
intersection of the right-of-way lines prolonged.
6) All landscaping planted within San Diego Gas & Electric or other utility company easements
shall conform to the standards applied to those easements and shall be approved by SDG&E.
7) All screening trees shall be evergreen varieties.
Streetscape and Street-side setback tree suggestions:
Quercus agrifolia Coast Live Oak
Koelreuteria paniculata Goldenrain tree
Pinus species Pine
Alnus rhombifolia Alder
c. Interior Slope and Setback Areas:
All manufactured slope banks adjacent to a public roadway and all interior manufactured slope banks 4
feet and higher shall be stabilized, planted with a combination of trees, shrubs, and ground cover and
irrigated consistent with the City’s Landscape Manual. These slopes are predominately manufactured
or man-made and located between building pads as either a rear or side slope. Within these areas, the
main objective of the plant material is to stabilize the soil, provide screening and address view
opportunities. The plant material will be more ornamental than native, yet should be of a drought
resistant nature. Trees should be planted in large, informal groupings of the same species to create a
“grove” effect. While dense tree planting is preferred, special attention should be given to preserve
view opportunities. Tree placement should be done with reference to anticipated location of all
structures and maintaining access to their "front door". The trees shall be placed more frequently in
the lower portions of the slope to afford the lower lots privacy and preserve distant overviews from
upper lots.
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Interior slope and setback tree suggestions:
Pinus species Pine
Tristania conferta Brisbane Box
Quercus agrifolia Coast Live Oak
d. Parking Areas:
Trees, equal in number to one per four parking stalls shall be provided throughout all private on-site
parking areas. Trees pertaining to this requirement shall be located within the parking area, exclusive of
building setback areas. The trees may be clustered, grouped or distributed evenly across the area.
Evergreen canopy trees with minimal litter shall be used within parking areas. Planter islands shall be
per the City of Carlsbad’s Landscape Manual.
Landscaping or any combination of landscaping, mounding and decorative walls shall be used to
provide screening of all parking areas from adjacent property or streets to a height of 3 feet.
Parking area tree suggestions:
Pyrus species Ornamental Pear
Cupaniopsis anacardiodes Carrot Wood
Tristania conferta Brisbane Box
e. Passive Open Space Use Areas and Eating Areas:
Two passive open space and eating areas (with the possibility of a third) will be developed within the
Specific Plan. These sites shall be installed by the developer and provided for the tenants of the
Carlsbad Oaks North Business Park. Located on the eastern edge of Lot 1, adjacent to Faraday, this
site affords users an opportunity to view the native open space areas, which are a unique feature of the
site. A future passive open space use area may also be provided on Lot 9, provided that lot 9 is not
utilized as a pump station. Passive outdoor uses such as individual lunches, small informal employee
gathering or "breaks" from work are intended for all these sites. Shade structures, seating and picnic
tables would be provided. Plant material shall consist of turfed areas, shade trees, shrubs and
groundcover. Shrubs to be kept low for security purposes.
Outdoor Eating area tree suggestions:
Quercus species Oak
Pyrus species Ornamental Pear
Lagerstroemia indica Crepe Myrtle
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Platanus acerifolia London Plane Tree
Populus nigra “Italica” Poplar
f. Perimeter Screening Areas:
Slopes along the north and eastern edge of the property, adjacent to Dawson Los Monos Canyon
Preserve and residential areas respectively, require plant material with screening qualities. Each area
to be planted shall be carefully evaluated and plant material located to achieve maximum screening
potential. Planting shall be placed in reference to anticipated building locations. To screen views of
buildings at higher locations, large shrubs should be massed at top of slope with dense, screening trees
placed further down the slope. To screen views of buildings at lower locations, trees and shrubs should
be massed at top of slope. Plant material for screening should be predominately evergreen.
Native plants shall be used to the greatest extent feasible in the landscaped areas adjacent to and/or
near mitigation/open space areas and/or wetland/riparian areas. The introduction of invasive exotic
plant species to the landscaped areas adjacent to and/or near the mitigation/open space areas and/or
wetland riparian areas shall be prohibited. Exotic species not to be used include those species listed on
Lists A and B of the California Exotic Pest Plant Council’s list of “Exotic Pest Plants of Greatest
Ecological Concern in California as of October, 1999.” This list includes such species as: pepper trees,
pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle,
sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom.
Perimeter screening area tree suggestions:
Pinus species Pine
Quercus species Oak
Tristania conferta Brisbane Box
Ceratonia siliqua Carob Tree
g. Naturalizing / Exterior Slope:
Perimeter slopes are manufactured slopes that abut both a building pad and open space or native /
naturalized planting. Where naturalizing slopes are adjacent to interior slopes, a transitional planting
area shall be created in the lower third of the slope to carefully blend the two treatments to appear more
natural. The plant palette for this transition zone is to be approved by a biologist prior to installation.
Slopes shall be planted to blend with the native vegetation, and yet produce a low fuel or fire
suppression situation. Trees shall be placed in groups of the same species. Careful consideration will
be given to screening buildings and parking lots where viewed across large open space areas.
Naturalizing / Exterior slopes shall require permanent irrigation and minimal maintenance to eventually
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naturalize. The irrigation should be reduced incrementally in the lower areas to allow the plants to
become less and less dependent on irrigation water and fully naturalize to the site.
Native plants shall be used to the greatest extent feasible in the landscaped areas adjacent to and/or
near mitigation/open space areas and/or wetland/riparian areas. The introduction of invasive exotic
plant species to the landscaped areas adjacent to and/or near the mitigation/open space areas and/or
wetland riparian areas shall be prohibited. Exotic species not to be used include those species listed on
Lists A and B of the California Exotic Pest Plant Council’s list of “Exotic Pest Plants of Greatest
Ecological Concern in California as of October, 1999.” This list includes such species as: pepper trees,
pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle,
sweet alyssum, English ivy, French broom, Scotch broom, and Spanish broom.
Naturalizing slope tree and shrub suggestions:
Pinus species Pine
Platanus racemosa California Sycamore
Quercus species Oak
Arbutus unedo Strawberry Tree
Sambucca mexicana Mexican Elderberry
Artemisia californica California sagebrush
Erioginum fasciculatum Buckwheat
Rhus spp.
Salvia spp.
Baccharis pilularis Coyote Bush
Native hydroseed mix
(see also suggestions in section h)
h. Fire Suppression Setbacks
Much of the open space consists of areas of brush vegetation. These can produce a fire threat to
structures if not treated properly. An adequate separation between structures and high fire fuel
vegetation (30-foot minimum) shall be provided. This buffer shall not extend outside property lines
into native vegetation. The following list provides suggested tree, shrub, and groundcover species
suitable for planting within this 30' fire suppression buffer (see Figure 10, Page II-10). Final selection
of species to be done under the direct supervision of a biologist familiar with the adjacent habitat.
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Fire Suppression Setbacks - Naturalizing Landscape
Shrubs:
Ceanothus verrucosus Wart Stemmed Ceanothus
Ceanothus tomentosus Ramona Ceanothus
Limonium californicum Western Marsh Rosemary
Carpenteria californica Bush Anemone
Comarostaphylis diversifolia Summer Holly
Groundcover:
Atriplex canescens Four-wing Saltbush
Baccharis pilularis Coyote Bush
Lonicera subspicata var. denudata San Diego Honeysuckle
Ceanothus griseus horizontalis 'Yankee Point’ Carmel Creeper
Native Hydroseed Mix - in consultation with Biologist (to exclude restricted high fuel species)
Fire Suppression Internal Facing Slopes
Shrubs:
Raphiolepsis indica India Hawthorne
Abelia grandiflora,'Edward Goucher' Abelia
Rosmarinus officinalis Rosemary
Leptospermum scoparium New Zealand Tea Tree
Leucophyllum frutescens Texas Ranger
Chrysanthemum maximum Shasta Daisy
Phormium tenax New Zealand Flax
Photinia fraseri Photinia
Abelia grandiflora Abelia
Viburnum spp.
Escallonia spp.
Groundcover:
Mimulus aurantiacus San Diego Monkeyflower
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Gaura lindheimeri 'Siskiyou Pink'
Artemisia 'Powis Castle'
Geranium incanum Cranesbill
Oenothera berlandieri Mexican Evening Primrose
Trachelospermum jasminodes Star Jasmine
i. Suggested Shrubs and Groundcovers (all landscape treatment areas)
The following is a list of suggested shrubs and groundcover to be used within each of the landscape
treatment areas throughout the project. They are categorized by intended use.
Accent Shrubs, Ornamental and Massing Shrubs:
Raphiolepsis indica India Hawthorne
Abelia grandiflora,'Edward Goucher' Abelia
Rosmarinus officinalis Rosemary
Leptospermum scoparium New Zealand Tea Tree
Lavandula augustifolia English Lavender
Leucophyllum frutescens Texas Ranger
Chrysanthemum maximum Shasta Daisy
Salvia leucantha Mexican Bush Sage
Phormium tenax New Zealand Flax
Plumbago capensis Cape Plumbago
Acacia redolens
Echium fastuosum Pride of Madeira
Drought Tolerant / Naturalizing Shrubs:
Ceanothus verrucosus Wart Stemmed Ceanothus
Ceanothus tomentosus Ramona Ceanothus
Limonium californicum Western Marsh Rosemary
Carpenteria californica Bush Anemone
Comarostaphylis diversifolia Summer Holly
Heteromeles arbutifolia Toyon
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Rhus integrifolia Lemonadeberry
Malosma laurina Laurel Sumac
Screening Shrubs:
Ligustrum japonicum Privet
Photinia fraseri Photinia
Abelia grandiflora Abelia
Viburnum spp.
Escallonia spp.
Ornamental Groundcover:
Gaura lindheimeri 'Siskiyou Pink'
Heuchera sanguinea Coral Bells
Artemisia 'Powis Castle'
Gazania spp. Gazania
Acacia redolens 'Desert Carpet’
Geranium incanum Cranesbill
Salvia sonomensis Creeping Sage
Lantana montevidensis Lantana
Oenothera berlandieri Mexican Evening Primrose
Trachelospermum jasminodes Star Jasmine
Cool Season Lawn Mix
Drought Tolerant / Naturalizing Groundcover:
Atriplex canescens Four-wing Saltbush
Baccharis pilularis Coyote Bush
Lonicera subspicata var. denudata San Diego Honeysuckle
Ceanothus griseus horizontalis 'Yankee Point' Carmel Creeper
Eriogonum fasciculatum California Buckwheat -
var. foliolosum San Diego Variety
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Native Hydroseed Mix to consist of:
Artemisia californica California Sagebrush
Eriogonum Fasiculatum var. fasciculatum
Salvia apiana White Sage
Lotus scoparius var. scoparius Coastal Deerweed
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F. Maintenance, Architectural Review and Air Quality Control Provisions
Prior to final map approval within the Carlsbad Oaks North Specific Plan, the developer shall prepare
covenants, conditions and restrictions (CC&Rs) applicable to the entire Specific Plan area. The CC&Rs shall
establish a Carlsbad Oaks North Business Park Association, which every lot shall be required to join.
Annexation provisions will be included. An architectural review process shall be required that ensures that the
design of future industrial buildings incorporates the architectural guidelines required by the Specific Plan.
Prior to approval of Planned Industrial Permits, proof that the association architectural review committee has
approved the proposed development must be provided to the Planning Department.
Maintenance responsibility for setback landscaping, perimeter slopes, recreation areas, streets, parking areas and
all common open space areas (including lots 9-12), shall be indicated in the CC&Rs in accordance with the
approved landscape plan and landscape maintenance exhibit on file with the City. The maintenance and
removal of obstructions in the line of sight corridors at all intersections will be indicated in the project CC&Rs.
Open Space Maintenance Responsibilities: The Developer open space maintenance responsibilities for the
Open Space Lots shall consist of active maintenance to protect and preserve the quality of the habitat (including
but not limited to reasonable prevention of trespass) as required by USFWS and CDFG until some future date at
which time ownership will be transferred to the City or its designee for perpetual maintenance.
Open Space Maintenance Financial Responsibility/Obligation: Simultaneous with the transfer of ownership of
open space to the City or its designee, the Developer shall provide funding or other acceptable financial
mechanism to provide for management and conservation in perpetuity.
Air Quality Control: The Carlsbad Oaks North Business Park Association shall require that Development and
businesses within Carlsbad Oaks North:
Encourage commuter usage of busses, carpools and vanpools.
Provide whenever possible, incentives for carpooling, flex-time, shortened work weeks, and telecommunications and other means of reducing vehicular miles traveled.
Develop and implement employer incentive programs to encourage the placement of
strategic bicycle storage lockers, and the construction of safe and convenient bicycle facilities
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These air quality control provisions shall be indicated in the CC&R’s.
G. Signs and Graphic Requirements
Except as otherwise provided herein, all signs within the Carlsbad Oaks North Specific Plan area shall be
subject to and consistent with the provisions of Chapter 21.41 of the Carlsbad Municipal Code (Sign
Ordinance).
1. General Standards:
a. Community Identity Signs:
Signage that identifies the industrial park (community-identity signs consistent with conceptual design
shown on Figure 16) shall be allowed in addition to all other signs permitted by this Specific Plan. One
(primary) permanent ground sign, not to exceed 75 square feet, identifying the project will be allowed at
the intersection of El Fuerte Street and Faraday Avenue, and one (secondary) permanent ground sign, not
to exceed 12 feet in length and 4 feet in height, will be allowed at both intersections of Faraday Avenue
and Street “D.” With the exception of three community-identity (monument) signs, no other freestanding
signs shall be allowed along Faraday Avenue or El Fuerte Street.
b. Project Identity Signs:
Monument signs shall be placed at driveway entries only of each individual lot. Signs may not encroach
into the public right of way or interfere with sight distance requirements. No monument may be placed
around the perimeter of the buildable pad and/or the top of slope away from project entries.
c. Community and Project Identity Signs:
Monument signs should be complementary to the project theme and corporate setting.
d. Building elevations which front along Faraday Avenue and El Fuerte Street shall not have more
than one (1) wall sign on that elevation.
2. Trail Signage/Open Space Signage:
a. Signage should be used in conjunction with any open space easement fencing and along any trails
which border rare plant populations. Note: Refer to the City of Carlsbad Open Space and Conservation
Resource Management Plan for trail marker design concepts and road crossing and information signage
concepts.
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b. The actively utilized mountain bike and hiking trails within the project site boundaries should be
regularly bounded by signage that prohibits/discourages human intrusion into surrounding native habitats.
These signs shall not identify specific rare plant locations, but when warranted shall indicate the presence
of particularly environmentally sensitive areas.
c. Signage should be posted along the perimeter of the open space easements which adjoin the
project site and more frequently in the vicinity of any sensitive habitat.
d. Signage that identifies wildlife crossings should be installed at the two proposed wildlife
corridor/road culverts along Faraday Avenue.
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H. Architectural Guidelines
All structures which are proposed on lots within this Specific Plan shall comply with the following Architectural
Guidelines:
1. Square, box-like buildings without facade fenestration and large, unbroken expanses of wall are prohibited.
No more than 35 linear feet of unarticulated exterior walls shall be allowed in areas visible from parking
lots, public streets, adjacent residential homes, or open spaces. Articulation includes additive elements
(columns, projections, towers, etc.) and subtractive elements (windows, doors, carved openings, niches,
etc.).
2. All building elevations are required to have facade variations in a minimum of three (3) separate materials,
textures, and colors.
3. The rear and sides of buildings are required to have architectural detail similar to the front elevation.
4. Light, neutral colors shall be used on buildings to help reduce their perceived size. Contrasting trim and
horizontal color bands are permitted to break up the vertical monotony of tall flat walls.
5. All mechanical equipment, on the roof or on-grade, is required to e screened from view from all pedestrian,
vehicular, and open space vantage points.
6. Roof lines are required to be articulated with shorter elements to reduce building mass. Occasional sloped
roof forms shall be introduced over special areas and special functions to create visual interest.
7. Front door and entrances to building shall be clearly defied and easily recognizable from the structure’s
parking lot area.
8. Buildings shall be well articulated by changes in height and vertical planes to reduce the appearance of bulk
and create interesting building silhouettes. Special emphasis shall be placed on building form to ensure that
structures have changes in height and vertical planes to avoid monotonous and boxy architecture. Sloping
roof, varying roof heights and forms are encouraged to provide interesting building silhouettes. For large
buildings, flat roofs with appropriate parapet treatment to provide relief will be acceptable.
9. Buildings that are adjacent to Faraday Avenue and the residential land uses to the east shall incorporate roof
equipment into the architecture. No roof equipment requiring separate roof screens will be permitted on
these lots after buildings are constructed.
10. A combination of building materials, including accent materials that are consistent with the surrounding
natural environment such as tile or natural stone shall be required. Exterior walls shall be low intensity
colors and shall be accented with low intensity color compatible natural materials in order to blend with the
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surrounding natural open space. Cube like highly reflective building designs are not considered appropriate
architectural styles. However, the minimal use of glass curtain walls are acceptable when incorporated into
other natural building materials and architectural features.
11. Special emphasis shall be placed on building entries. Entries shall be defined with special enhanced
architectural treatment, enhanced paving on walkways, and enhanced landscaping.
12. Special emphasis shall be placed on side elevation architecture on lots abutting Faraday Avenue.
13. Windows shall be designed and placed to enhance the exterior appearance of the structure and shall be
consistent in design, size and scale with the building.
14. The north-facing facade of buildings on lots 17 through 21 will not need special details or architectural
treatment.
15. Light colored roof materials shall be used to reflect heat.
I. Employee Eating Areas
This project shall be required to comply with subsection 21.34.070(C), employee-eating areas, of the Carlsbad
Municipal Code and Planning Department Administration Policy #19. All lots, with the exception of Lot 1 as
noted on page III-1, shall be required to provide outdoor eating areas (at least 60% of the eating areas) in
addition to any indoor eating areas provided (up to 40% of the eating areas). Lots which face or have views of
the Agua Hedionda Creek area shall attempt to design those lots such that the employee eating areas face or
have views, taking advantage of future open space vistas. Each eating area will incorporate berms, landscaping,
and furniture (to include picnic benches, tables, and trash receptacles).
J. Lot Coverage
The maximum building coverage shall be in accordance with Section 21.34.070(B)(8) of the Carlsbad
Municipal Code. The maximum building coverage for Lot 1 shall be in accordance with Section
21.27.050(A)(7) of the Carlsbad Municipal Code.
K. Building Height
Except as otherwise specified herein, the maximum building height shall be in accordance with Section
21.34.070(A) of the Carlsbad Municipal Code. The maximum building height for Lot 1 shall be in accordance
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with Section 21.27.050(A) of the Carlsbad Municipal Code. However, to meet FAA requirements, no structures
or protrusions on any lot will be allowed to exceed elevation 548, the highest natural elevation on the property
prior to development.
L. Storage Areas
Except as otherwise stated herein storage areas shall be consistent with the provisions of Section 21.34.090(7) of
the Planned Industrial zone. Outdoor storage areas on Lots 18-21 may be allowed exclusive of solid masonry
wall provided that such storage is entirely screened from the public street and adjacent industrial lots by
buildings and/or landscape screening. Outdoor storage requiring screening shall include the parking of all
company owned or operated motor vehicles with the exception of regular passenger vehicles (automobiles).
No refuse collection or other outdoor storage area shall be permitted between street side and the building line.
M. Metal Structures
No metal structures with metal siding or sheeting exteriors shall be permitted.
N. Bike Lanes
Faraday Avenue and El Fuerte Street include bike lanes in accordance with City standards.
O. Pedestrian Trail
Prior to the approval of a final map for any phase of the Carlsbad Oaks North Business Park, the developer shall
provide an offer of dedication to the City of Carlsbad for a trail easement for Trail Segment 26 within open
space lot 11, and within the right-of-way of El Fuerte Street and Faraday Avenue. If the City of Carlsbad
accepts dedication of the trail easement during this time, the trail shall be constructed as a public trail, and will
be the maintenance responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of
the trail easement, the trail shall be constructed by the developer upon completion of sewer facilities
improvements within Lot 11, but it shall be constructed as a private trail and shall be the maintenance and
liability responsibility of the Carlsbad Oaks North Business Park Association.
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P. Telephone and Electrical Services
All onsite electrical lines (excluding transmission lines) and telephone lines shall be placed underground.
Q. Nuisances
No portion of the property shall be used in violation of the performance standards of this plan or in such a
manner as to create a public or private nuisance.
R. Screening of Equipment
Exterior components of plumbing, processing, heating, cooling and ventilating systems (including but not
limited to piping, tanks, stacks, collectors, heating, cooling and ventilating fans, blowers, ductwork, vents,
louvers, meters, compressors, motors, incinerators, ovens, etc.) shall be screened from adjacent streets and
property. Said screening shall be architecturally compatible with the main building(s) on the site, unless
otherwise required by this document, and shall screen this equipment from the view of adjoining properties and
public streets.
S. Outdoor Lighting
All outdoor lighting shall be designed to reflect downward. Specifically, lighting shall be directed away from
the residential neighborhood to the east to avoid impacts to adjacent homes or property and away from open
space lots surrounding the industrial lots to the maximum extent feasible. A separate lighting plan shall be
required as part of the Planned Industrial Permit for each perimeter lot abutting either residential land uses or
open space.
Energy efficient low sodium parking lot lights shall be required on all lots. Low-pressure sodium lamps are less
likely than other lights to shift circadian rhythms and may be used to reduce the adverse effects of artificial
lighting on wildlife. When warranted, the low-sodium lights should be used in conjunction with cut-off shields
(fully shielded/full cutoff lighting). Such shields eliminate the horizontal and upward projection of light and
direct the light downward, eliminating excess illumination. Lighting on-site should be restricted to this type of
recommended lighting wherever feasible. Lighting should not be installed in the vicinity of the local wildlife
corridor or at primary water sources within the native lands, to promote use of these areas by local wildlife.
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T. Performance Standards
Unless otherwise provided herein, all development within the Carlsbad Oaks North Specific Plan area shall
conform to the Performance Standards of Section 21.34.090 of the Planned Industrial Zone, with the exception
of Lot 1 which shall conform to Chapter 21.27 of the Office Zone..
1. All industrial uses shall be consistent with Section 21.34.090(1) (Planned Industrial (P-M) Zone) of the
zoning ordinance. These noise standards shall be required by the Carlsbad Oaks North Business Park
CC&R’s and enforced by the Carlsbad Oaks North Business Park Association.
a. In addition to these standards, uses on lots 8, 13, and 17 shall not produce noise in excess of 60
Ldn as measured at the property line and 55 Ldn if the noise is repetitive in nature between the
hours of 6:00 p.m. and 7:00 a.m.
2. Each industrial lot will provide for onsite structural filters (BMP’s) to remove pollutants from storm runoff.
Each industrial lot will be responsible for a preliminary Storm Water Management Plan prior to approval of
a Minor Site Development Plan.
3. Drainage and water quality standards will be controlled through compliance with the National Pollution
Discharge Elimination System (NPDES) standard in effect at the time of development.. NPDES discharge
permitting requirements include implementation of a SWPPP and an annual reporting program for
pollutants which are not visually detectable in stormwater discharges.
U. Loading Areas
1. No loading shall be allowed which is visible from Faraday Avenue and El Fuerte Street.
2. No loading bays will be allowed within the front setback and along the front elevation of any structure.
Loading bays should be designed so that they are concealed into the side or rear of structures. All loading
areas must be visually screened from adjacent streets.
3. No loading areas shall be allowed between the buildings and near lot lines of Lots 8, 13, and 17.
4. All loading dock areas must provide access and circulation for semi-trucks, per Cal Trans Design Standards
(ref. turn template 407D). All other circulation and at-grade loading areas must provide for single-unit
truck access and turn-around per Cal Trans Design Standards (ref. turn template 407E).
5. All loading docks shall contain oil water separators and debris racks to filter trash and oil spills from loading operations.
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V. Refuse Collection Areas
1. All outdoor refuse collection areas shall be completely enclosed and screened from access streets and
adjacent property by a block wall, six feet in height, approved by the City Planner. All such areas shall
have concrete floors, and shall be of sufficient size to contain all refuse generated by the business. These
areas shall be no less than six by eight feet in size, per City Standard (Engineering) GS-16, 1993.
2. No refuse collection areas shall be permitted between the street and the building line.
3. All refuse collection areas shall contain trash and oil filters to remove pollutants from drainage and storm
runoff.
4. Refuse containers shall have lids that are installed and secured at all times.
W. Blasting Areas and Temporary Materials Processing Centers
Portions of the project area could experience noise levels in excess of City standards during grading activities.
Areas of non-rippable rock that would require blasting for removal occur throughout the project site. These
areas, and the potential blast noise impact areas are shown on Figure 17, page III-31. Temporary material
processing centers, also shown on Figure 17, page III-31, may also produce noise levels in excess of City
standards. The following measures will reduce potentially significant noise impacts generated by grading
activities to below a level of significance:
1. Prior to blasting, a blasting schedule shall be prepared by the project applicant and submitted to and
approved by the City Engineer.
2. The blasting contractor shall notify the Carlsbad Police department and the County Sheriff’s Department
prior to commencing any blasting activities.
3. The project proponent shall give a one-time notice in writing to residences within 1,000 feet of a potential
major blast operation as well as the Dawson Los Monos Canyon Reserve. The notice shall disclose the
anticipated blasting schedule and provide a contact phone number for the blasting contractor.
4. A pre-blast inspection of existing structures within 300 feet of any proposed detonation shall be conducted
by an inspector approved by the Carlsbad Police Department, the San Diego County Sheriff’s Department,
and the City of Carlsbad Building Department.
5. The project shall conform to the San Diego County Blasting Ordinance Title 3, Division 5, Chapter II
County Code of Regulatory Ordinance Sections 35.377.101-104, 35.377.301(a), and 35.377.307 to reduce
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the temporary noise impacts due to blasting and Section 8.48.010 of the City’s Municipal Code limiting
allowable hours of activities. The allowable hours of activities associated with blasting are 9:00 am. to 4:00
pm., or one-half hour before sunset, whichever comes first, Monday through Friday. No blasting is allowed
on weekends nor on the holidays specified in Section 8.48.01 of the City’s Municipal Code.
6. A blasting report shall be submitted to the City Engineer prior to any blasting activities. The report shall
conform to the San Diego County Blasting Ordinance (Division 5, Title 3, Section 35) and vibration
standards promulgated by the U.S. Bureau of Mines.
7. No rock crushing activities shall be allowed within 850 feet of 1) the Dawson Los Monos Canyon Reserve
located to the north of the project area, and 2) the residential uses located to the east of the project area.
Compliance with this measure shall be enforced by the City of Carlsbad Planning Department.
Hours of Operation – Grading and Processing
Hours of grading shall be limited to the time period allowed in Carlsbad Municipal Code Section 8.48.010; 7:00
am to sunset of weekdays and 8:00 am to sunset on Saturdays. No grading, except in the event of an emergency
(as determined by the City Manager per Municipal Code Section 8.48.020) shall occur on Sundays and
designated holidays. If grading activities will occur within 150 feet of existing residential areas, those grading
activities shall be limited to an eight-hour period within the allowable timeframe indicated above.
Grading and construction equipment shall be properly maintained and fitted with standard mufflers.
Verification shall be provided to the satisfaction of the Planning Department Director prior to the
commencement of grading.
Hours of operation of the materials processing centers (which shall be a minimum of 850 feet from the northern
and eastern property boundaries) shall be limited to the time period allowed in Carlsbad Municipal Code section
8.48.010. No construction, except in the event of an emergency (as determined by the City Manager per
Municipal Code Section 8.48.020) shall occur on Sundays and designated holidays.
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IV. PUBLIC FACILITIES INFRASTRUCTURE PLAN
A. Introduction
The Carlsbad Oaks North Specific Plan land area lies entirely within Local Facilities Management Zone 16.
The public facility requirements for this property are fully addressed in the Zone 16 Local Facilities
Management Plan (LFMP). The approved Zone 16 LFMP was prepared pursuant to the City’s Growth
Management Program. The Zone 16 LFMP: 1) provides a detailed description of how the zone will develop, 2)
demonstrates how and when each required facility and improvement will be constructed to accommodate phased
development within the zone, and 3) provides a complete description of how each facility and improvement will
be financed when mitigation is necessary.
The Carlsbad Oaks North Specific Plan implements, but does not supersede the Zone 16 Local Facilities
Management Plan. The specific plan has been designed to be consistent with the purpose and intent of the Zone
Plan. The following are the development policies as they pertain to the community facilities identified in the
Zone 16 Local Facilities Management Plan. The following also identifies specific mitigation requirements of
the Zone 16 LFMP. Development within the Carlsbad Oaks North Specific Plan shall be responsible for
providing its fair share of required facilities within Zone 16 as well as impacted facilities outside of Zone 16.
B. City Administrative Facilities and Library Facilities
Zone 16, including the Carlsbad Oaks North Specific Plan area, will be developed with entirely non-residential
uses. Therefore no impacts will be generated by development in Zone 16 to the City’s adopted performance
standard, and no mitigation is required for Zone 16 to meet the adopted performance standards.
C. Park Facilities
Since the Carlsbad Oaks North Specific Plan and the entire Zone 16 LFMP will be developed for non-residential
uses, the established performance standard of 3 acres of Community Park or Special Use Area per 1,000
population within the Park District does not apply to Zone 16 or the Carlsbad Oaks North Specific Plan.
However, the City has concluded that non-residents who work in the City also have an impact on the City’s
recreational facilities.
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Mitigation Recommendations: The Zone 16 LFMP recommendation for park mitigation is to establish a park fee
of $0.40 per square foot on the zone’s non-residential development. This fee would be collected at the time of
building permit issuance and would be used to construct recreational facilities to offset the demand created by
employees within Zone 16.
D. Open Space
The Growth Management performance standard requires that 15% of the total land area in the zone exclusive of
environmentally constrained non-developable land be set aside for permanent open space and must be available
concurrent with development. There are 175.6 net acres per the LFMP constraints analysis in Zone 16,
therefore, at build out, Zone 16 will require 26.3 acres of performance standard open space. This demand is
more than satisfied by the provision of 219.5 acres of open space in Carlsbad Oaks North Business Park. This
specific plan also proposes the development of a trail system/pedestrian walkway to allow occupants to move
freely within the Carlsbad Oaks North Specific Plan area and to access both the open space and recreational
amenities provided. They are also designed to tie into the Future Citywide Trail System. Signage for the
specific plan’s proposed trail system will be consistent and meet the signage requirements of the Future
Citywide Trail System.
E. Fire
Within the growth Management Program, a fire performance standard for non-residential uses is not identified.
However, a fire performance standard was adopted for the non-residential uses in zone 5. The Carlsbad Oaks
North Specific Plan does not exceed any of the three thresholds applied to zone 5 as discussed below:
1. Daily work force in excess of 12,000 people.
2. Specific plan is beyond the five-minute response time for fire protection.
3. The Fire Department is unable to provide 1,000 gallon per minute of fire flow in 10 minutes or less.
Zone 16, and the Carlsbad Oaks North Specific plan currently and at build out, meet all three non-residential
fire-service thresholds. For this reason the specific plan and all development in Zone 16 is not required to
provide additional fire facilities. However, the specific plan will be required to meet the landscaping restrictions
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identified in the city of Carlsbad’s Landscape Manual as well as provide required sprinkler systems in all
proposed development.
F. Schools
Under the Growth Management Program, a performance standard for non-residential uses is not identified.
However, a school performance standard was adopted for the non-residential uses in zone 5 which assumed that
non-residential zones would be required to pay a school fee based on the square footage of development. The
fee is based on legislation which determined that employees can educate their children in the same school
district in which their place of employment is located. The fee is intended to offset the cost of the construction
of school facilities required to accommodate children of parents working within the school district.
G. Transportation Facilities
Access to the property will be provided by the extension of El Fuerte Street from the south and Faraday Avenue
from the east and west. Both El Fuerte Street and Faraday Avenue are shown as 84’ ROW Secondary Arterial
roadways on the Circulation Element of the General Plan.
Driveway locations have been determined as part of this Specific Plan, as shown on Figure 10, page II-10.
These driveway locations are in conformance with the City Standard, and will be adhered to when future Minor
Site Development Plans are applied for. Deviations from this plan or from City Standards may necessitate an
amendment to this Specific Plan.
El Fuerte Street will be extended as a part of this Specific Plan with the first phase of development to intersect
with the future Faraday Avenue, shown as an 84-foot ROW Secondary Arterial on the Circulation Element of
the General Plan. The roadway alignments will be carefully considered to minimize any impacts on La Mirada
Creek and still function as intended by the Circulation Element. Faraday Avenue will be constructed to
secondary arterial street standards connecting Orion Drive on the west and Melrose Drive to the east with the
first phase of this development. The County of San Diego has agreed to dedicate the right-of-way across their
property as part of the settlement agreement for the trash/transfer station with the City of Carlsbad.
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Transportation financing for off-site facilities (and on-site Faraday Avenue) may be financed by an assessment
district, financing (fee) district with reimbursement or other financing means acceptable to the City.
This development will construct and contribute its share (including Traffic Impact Fees) to the construction and
improvements of major streets including, but not limited to, the extension of El Fuerte Drive and Faraday
Avenue and other transportation facilities identified in the Carlsbad Oaks North traffic analysis. This project
shall be approved under the express condition that the applicant shall pay a public-facilities fee as required by
City Council Policy No. 17 on file with the City Clerk and incorporated herein by reference and according to the
agreement executed by the applicant for payment of said fee. Refer to Local Facilities Management Plan Zone
16 for additional and specific information and timing requirements.
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H. Sewer Facilities
The South Agua Hedionda Sewer interceptor would serve existing and planned industrial development within
the South Agua Hedionda Basin. The proposed interceptor segment is a 15-inch, gravity-flow, pump station and
force main, trunk sewer and will be approximately 2.7 miles in length.
Figure 21 on page IV-9 depicts the approved sewer alignment. The sewer alignment consists of a gravity sewer
within an existing sewer easement road south of Faraday Avenue from the Carlsbad Oaks North eastern
boundary to the El Fuerte Street right-of-way where it continues north to Lot 9. A t Lot 9, the sewer will
become a force main sewer utilizing a pump station. The force main sewer will be constructed within the rights
of way of El Fuerte Street north to Faraday Avenue and west in Faraday Avenue to El Camino Real and north to
the connection of the South Agua Hedionda gravity sewer near College Blvd.
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I. Drainage Facilities
A Preliminary hydrology analysis has been conducted for the project and drainage facilities are proposed that
will control runoff. A detailed hydrology analysis must be prepared prior to approval of a final map or issuance
of grading permit to address specific drainage characteristics of the proposed development and supporting
infrastructure. The drainage control plan will be implemented in accordance with the recommendations of the
detailed hydrology study and will address on-site and off-site drainage requirements to ensure on-site runoff will
not adversely affect off-site areas. This shall include the design and construction of the detention basin as
identified in the Rick Engineering “Rancho Carlsbad Channel and Basin Project” report dated June 30, 1998.
All graded lots within Carlsbad Oaks North Business Park with the exception of a small (2-acre) portion of Lot
24, will be graded to direct flows into an onsite desiltation basin and then directly into an underground system
that either connects to the major onsite drainage system or in some cases of small drainage areas, into a rock
dissipater and then to a natural drainage swale. The major onsite drainage system in "D" Street flows
underground to Faraday Ave. and into two separate pollution control basins prior to discharging into La Mirada
Creek.
Where La Mirada Creek crosses under Faraday Avenue, a major detention facility will be constructed (see
drainage report from Howard Chang, Ph.D., PE., dated April 1997, and Rick Engineering Company report for
Rancho Carlsbad Channel and Basin project, job #13182, dated 6/30/98). The March 1994 City Master
Drainage Plan requires several existing storm drain systems that were constructed with the original Carlsbad
Oaks East and West Projects to provide attenuation to bring these older systems into conformity with current
design standards. All of the existing system flows will be detained in the new basin at Faraday. In addition, the
drainage Master Plan cost estimate includes a provision for a potential bridge structure (Paragraph BP on page
83) on Faraday Ave. across La Mirada Creek. The Carlsbad Oaks North Business Park project is proposing a 6’
x’ 7’ box culvert (per Rick Engineering Company study) with a detention basin. Another Master Drainage Plan
Facility (BPB 36” and 45” RCP) will be constructed on-site in "D" Street.
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J. Storm Water Pollution Prevention
Implementation of the project will result in a change in the topographical conditions of the area and
development of the site. Because a majority of the project area topography is in its natural condition, a
substantial increase in impervious surfaces and corresponding stormwater runoff volumes is anticipated.
Approximately 200 acres will be graded and developed with the Specific Plan and supporting infrastructure on
and off-site.
After project implementation, the project site will generally drain in the same manner as the existing condition;
however, grading requirements of the project will alter the existing drainage patterns causing erosion or siltation
on the site or in the area on a short-term basis during construction. The short-term erosion and siltation will be
controlled through compliance with the National Pollution Discharge Elimination System (NPDES) standard in
effect at the time of development.. NPDES discharge permitting requirements include implementation of a
SWPPP (including a sampling and analysis strategy and sampling schedule for pollutants which are not visually
detectable in stormwater discharges), which consists of eight required elements necessary to control erosion and
siltation and contaminated runoff from construction sites.
Each graded lot within the project site will be graded to direct flows into an on-site temporary desiltation basin
and then directly into an underground system that either connects to the major on-site drainage system or in
some cases of small drainage areas, into a rock dissipator and then to a natural drainage swale. Each developed
lot will have a structural BMP or drainage filtration basin to collect and filter pollutants from the point source.
The major drainage system in Street D flows underground to Faraday Avenue and into two and separate
pollution control basins prior to discharging into Agua Hedionda Creek. Figure 23 (NPDES Facilities) depicts
the location of temporary and permanent desilting basins and future NPDES facilities. Where Agua Hedionda
Creek crosses under Faraday Avenue, a major detention facility will be constructed. The permanent water
quality basins are located south of Faraday Avenue as the majority of the on-site stormwater runoff drains south
to La Mirada Creek and westward to Agua Hedionda Lagoon.
A Concept Water Quality Plan has also been prepared for the project to assist in defining the permit
requirements needed for the construction and post-construction scenarios. The Concept Water Quality Plan
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includes a discussion of the project BMP) plan implementation (construction BMP options, post-construction
BMP options, BMP options for future development, sizing criteria, pollutant loads, detention basins, and
SWPPP monitoring). During construction, BMPs such as desilting basins, hydroseeding, and other erosion
control measures will be employed consistent with the SWPPP; however, BMPs may change based on the City’s
interpretation of NPDES requirements.
Phase 1. Construction
The greatest potential for short-term water quality impacts to the drainage basin would be expected during the
grading and construction of the project when cleared and graded areas are exposed to rain and storm water
runoff. Improperly controlled runoff could result in erosion and sediment transportation into the existing
drainage basin. During construction, the objectives for implementing BMP’s as described in the “California
Storm Water Best Management Practice Handbook,” are for the following: practice good housekeeping, contain
waste, minimize disturbed areas, stabilize disturbed areas, protect slopes and channels, control site perimeter
and control internal erosion.
To mitigate storm water pollution, mostly sediment, during construction, both BMP’s for contractor activities
and BMP’s for erosion and sedimentation shall be used.
BMP’s for contractor activities include the following:
1. Managing dewatering and paving operations and structure construction and painting.
2. Management of material delivery, use and storage.
3. Spill prevention and control.
4. Waste management for solid, hazardous and sanitary waste, contaminated soil, concrete.
5. Vehicle and equipment cleaning, fueling and maintenance.
6. Contractor, employee and subcontractor training.
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BMP’s for erosion and sedimentation control include the following:
1. Vegetative stabilization such as hydroseeding or mulching.
2. Physical stabilization such as dust control, geotextiles and mats, construction road stabilization and
stabilized construction entrance.
3. Diversion of run-off using earth dikes, temporary swales and drains.
4. Velocity reduction using outlet control, check dams and slope roughening.
5. Sediment trapping using silt fence, gravel bag barrier, inlet protection, sediment traps and basins.
A storm water pollution prevention plan (SWPPP) will be prepared and implemented during this construction
phase. The SWPPP will consist of the selected BMP’s, guidelines and activities to carry out actions which will
prevent the pollution of storm water runoff. A preliminary SWPPP has been prepared as part of the concurrent
applications and is attached as an appendix to this Specific Plan.
Phase 2. Post Construction
Of the three phases the post construction phase should generate the least amount of urban pollutants. The
grading has been completed, slopes have been landscaped and irrigated, the storm drain system, temporary
desilting basins and the permanent water quality basins have been installed. During this phase a combination of
source and treatment control BMP’s shall be implemented.
Potential Source Control BMP’s
1. Street/Storm Drain Maintenance
2. Non storm water discharge to drains
3. Waste handling and disposal
4. Landscaping and grounds maintenance
5. Over watering activities
6. Employee training
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Potential Treatment Control BMP’s
1. Storm drain outlet controls
2. Temporary desilting basins on each lot (see Figure 23, page IV-20)
3. Permanent water quality basins
This phase will continue until all individual lots within the project have been developed. As each lot is
developed, the temporary desilting basins will be replaced with permanent BMP measures that will be
appropriate for the specific use of each lot.
Phase 3. Future Development
When each individual lot is developed, it shall provide both source control and treatment control BMP’s as
described in the “California Storm Water Management Practice Handbook” for industrial and commercial
projects. Each development shall use source control BMP’s and one or more of the following treatment control
BMP’s:
Potential Source Control BMP’s
1. Non-storm water discharges
2. Vehicle and equipment fueling, cleaning and maintenance
3. Material management and storage
4. Outdoor storage of materials and by-products
5. Waste handling and disposal
6. Building and grounds maintenance
7. Building repair, remodeling and construction
8. Over-water activities
9. Employee training
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Potential Treatment Control BMP’s
1. Infiltration
2. Wet ponds
3. Constructed wetlands
4. Biofilters
5. Extended detention basins
6. Media filtration
7. Oil/water separators and water quality inlets
8. Multiple systems
Since a Minor Site Development Plan permit is required for each development, the specific BMP’s for each
development will be determined at the time development is proposed. As required, a storm water pollution
prevention plan will also be prepared and implemented for each lot. The SWPPP consist of guidelines and
activities to select and carry out actions which prevent the pollution of storm water discharge. In addition to the
selected BMP’s for each lot, the permanent water quality basins, located downstream, will serve as additional
treatment in removing pollutants from storm water runoff prior to discharge into the existing natural drainage
course.
Sizing Criteria
The sizing of the treatment control BMP’s shall comply with the RWQCB’s numeric sizing criteria. As required
by the RWQCB, the project, depending on the type of BMP, will use one of the following numeric sizing
criteria:
Volume based BMP is volume of runoff produced from a 0.6” storm event.
Flow based BMP is volume of runoff produced from rainfall of 0.2 in./hr.
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The following pollutant loads are based on a commercial/office/industrial development with 70 to 90%
imperviousness (California Storm Water Best Management Practice Handbook, Municipal).
Description mg/L
Oxygen Demand and Sediment: BOD 9.7 COD 61.0 TSS 91.0 TDS 100.0
Nutrients: TP 0.24 SP 0.10
TKN 1.28 NO2/NO3 0.63 Heavy Metals: Pb 0.13
Cu 0.04 Zn 0.33 Cd 0.002
Oil & Grease: 24.01 Total 288.5 mg/L (0.018 lb/cf)
For a typical 1 acre development, the minimum size for a structural BMP and pollutant
load would be:
Area: 1 acre Storm event: 0.6”
Direct Runoff: 0.12” Min. volume: (43,560 sf)(0.12”)/(12”/ft) = 436 cf
Pollutant load: (436 cf)(0.018 lb/cf) = 7.8 lbs.
Detention
As part of the project, a detention basin is proposed at the Faraday Avenue crossing of the existing drainage
channel. The detention basin is one of four basins along the south tributary of the South Agua Hedionda Lagoon
proposed by the City of Carlsbad. Since the storm drain outlets for this project are located upstream of this
crossing/detention basin, the basin will ensure that there is no significant impact to downstream properties due to
increased runoff.
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Urban Pollutants
Construction Post Construction Future Development
Sediment x x x Nutrients x x x Bacteria and Viruses x
Oxygen Demanding Substances x x x Oil and Grease x x x anti-freeze x x x hydraulic fluids x x x
cleaners/solvents x x Heavy Metals chromium x x copper x x
lead x x zinc x x iron x x
cadmium x x nickel x x manganese x x paint x
wood preservatives x Toxic Materials fuels x x PCB’s x
pesticides x x x herbicides x x x Floatables x x x
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V. SPECIFIC PLAN IMPLEMENTATION MEASURES
A. Regulations and Ordinances
The Carlsbad Oaks North Specific Plan shall be implemented in conjunction with the following regulations and
ordinances:
1. Carlsbad General Plan
2. Carlsbad Zoning Ordinance - Title 21
3. Environmental Protection Procedures - Title 19
4. Subdivision Ordinance - Title 20
5. Uniform Building Code - Title 18
6. City Landscape Manual
7. Carlsbad Municipal Code
8. Carlsbad Municipal Water District Regulations
9. Airport Land Use Plan (CLUP)
10. Performance Standards and Mitigation requirements of Zone 16 Local Facilities Management Plan
11. Drainage and Water Quality Standards per the National Pollution Discharge Elimination System (NPDES)
standard in effect at the time of development..
12. All other relevant City Regulations, Standards, and Policies
B. Enforcement
1. Before this project is reviewed by the City council, the applicant shall execute the agreement to pay the fees
for facilities and improvements as required by the Growth Management Program and any other agreement
required by municipal Code Section 21.90.
2. As a condition of subdivision approval, planned industrial permit or building permit under Title 21 of the
Carlsbad Municipal Code, the subdivider shall enter into an agreement with the City whereby the subdivider
covenants on behalf of the subdivider and subdivider’s successors in interest to the following:
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a. Not opposing the formation of a financing district in the area of this project for Circulation Element
roadways or City Master Plan Facilities.
b. Payment of the bridge and major thoroughfare fee for the area of the district in which this development
is located.
c. Payment of the adopted traffic impact fee for the appropriate area of the City in effect at the time the
building permits are received.
3. 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 65913.5. 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.
4. Unless noted, approval of this document does not excuse compliance with all other applicable City
ordinances in effect at the time building permits are issued.
5. General Notes:
a. Except as specified in this plan, the requirements of the PM zone and all other applicable provisions of
the zoning, subdivision, grading, and building codes (and any amendments thereto) of the City of
Carlsbad shall apply.
b. Where minor questions arise regarding interpretation of this Specific Plan, the City Planner shall
resolve them in a manner consistent with the Municipal code, adopted City plans and city policy. Such
decisions by the City Planner may be appealed to the Planning Commission and the City Council.
c. The developer or property owners’ association shall be responsible for maintaining all fill and cut
slopes adjacent to public streets and all special landscape areas as outlined in this text.
C. Amendment Procedures: Minor, Major, and Five-Year Comprehensive Review and Update
Approval of this Specific Plan indicates acceptance by the City Council of a general framework for the
development of Carlsbad Oaks North Business Park. Part of that framework establishes specific development
standards. It is anticipated that certain amendments to the Specific Plan may be necessary during the
development of the area. Any amendments to the Specific Plan shall occur in accordance with the City of
Carlsbad's Municipal Code and the specific amendment process described below.
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Amendments are divided into three categories: 1) Minor (administrative); 2) Major (discretionary); and 3) Five-
Year comprehensive review and update. Major and Minor amendments must be consistent with the goals of the
Specific Plan, the General Plan, Zone 16 Local Facilities Management Plan, current City policies, ordinances
and standards. Amendments may be initiated by the City Council or property owner(s).
1. Minor (administrative) Amendment
All amendments that meet the criteria noted below shall be reviewed for approval administratively by the City
Planner. Any revision to lot areas would require a lot line adjustment. The City Planner has the authority to
approve modification to the Specific Plan as follows:
a. Up to a 10% expansion or reduction in area of recorded lots if the overall yield or use specified for
each of the recorded lots affected does not increase.
b. A Minor realignment or modification of driveway locations and internal streets of the Specific Plan if
approved by the City Planner and City Engineer as not constituting a significant change to any
individual recorded lot.
2. Major (discretionary) Amendment
All Specific Plan Amendments that do not meet the above Minor Amendment criteria shall require a Major
Amendment to the Specific Plan. Major Amendments shall be processed in the same manner as Master Plan
Amendments, as described in Section 21.38.120 of the City of Carlsbad's Municipal Code. All Major
Amendments shall be reviewed for approval by the Planning Commission and City Council. Requests for Major
Amendments to the Specific Plan shall require serious consideration as it relates to the intent of the original
Specific Plan. As a condition of consideration of any amendment to the Specific Plan it shall be the applicant's
responsibility to:
a. Ensure that the proposed amendment meets the goals of the Specific Plan.
b. Ensure that any impacts on the Specific Plan community or surrounding area resulting from the
amendment can be satisfactorily mitigated.
c. Update any Specific Plan studies and/or provide additional studies when determined necessary by the
City Planner.
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d. Provide a dated strike-out/underline copy of the Specific Plan text where changes are proposed and
update any Specific Plan exhibits affected by the proposed amendment.
3. Five Year Comprehensive Review and Update
If determined necessary, at the direction of the City Council, the Specific Plan shall be comprehensively
reviewed by the City of Carlsbad Planning Department every five years or more frequently at the discretion of
the City Council. The review shall consider but not be limited to the following topics:
a. The Specific Plan’s fulfillment of current City policies and standards.
b. The fiscal impact of the Specific Plan's implementation.
c. The Specific Plan's maintenance of environmental quality.
d. Adequacy of public facilities
e. Additional improvement or modifications to correct deficiencies or improve design.
D. Financing
Refer to the Zone 16 Local Facilities Management Program
E. Capital Improvements Program
Refer to the Zone 16 Local Facilities Management Program
F. Phasing
The Carlsbad Oaks North Specific Plan will be developed in three phases. The phasing schedule will depend
largely on market conditions and the timing of the development of adjoining parcels. All public improvements
required by a subsequent tentative map for a specific plan area shall be constructed prior to issuance of building
permits for any lot within that specific plan area. Design and secured agreements for all phases of construction
that affect public improvements shall be posted, as required.
The first phase of lot development will occur along Faraday Avenue. Phase I development will consist of lots 1-
12 created by CT 97-13. Excluding streets, this area contains approximately 62.9 acres of lot area. Phase II of
lot development will consist of lots 13-19, located on the eastern portion of “D” street. Approximately 37.3
acres of lot acreage is included in this phase. Phase III consists of lots 20-27, to the west of Phase II, containing
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approximately 54.0 acres of lot area. The total area of Phases I, II, and III is 167.3 acres. Lot 9, a lot reserved
for future pump station and/or open space, contains 0.6 acres, and will be developed with Phase I. In addition,
Open Space lots 10, 11, and 12 (101.4 acres + 18.5 acres + 99.6 = 219.5 acres) will be a part of Phase I. Phase
II and Phase III are interchangeable with each other, and developed after Phase I. When Phase II or III is
developed, the balance of the loop road (Street “D”) will be completed to provide the necessary traffic, utility
and public safety/service connections. Phasing may be altered by the provisions of the Citywide and Local
Facilities Plan required pursuant to Chapter 21.90 of the Carlsbad Municipal Code and Conditions of Approval
for the subdivision of the project (CT 97-13).
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G. Grading/Erosion Control
The following mitigation measures shall control the overall development of the Carlsbad Oaks North Specific
Plan. The developer shall be responsible for implementing the mitigation measures for the project. The
development of the Carlsbad Oaks North Specific Plan shall be consistent with the Zone 16 Local Facilities
Management Plan.
1. Grading/Foundation Design
a. The conclusions and recommendations of the final geotechnical study required by the Subdivision Map
Act shall be incorporated into this project, as well as the Geotechnical Update, dated January 4, 2000
by Geocon, included in the appendices.
2. Drainage/Erosion Control/Water Quality
a. Future development within this project shall provide facilities to comply with the National Pollution
Discharge Elimination System (NPDES) standard. These facilities could include, but are not limited to
one or more of the following: vegetated swales, fossil filter system, oil/water separator or drainage
basin. Also, any loading area located in a sump must have facilities to direct drainage to a pollution
mitigation area as described above. Storm Water Pollution Prevention measures, as discussed on page
IV-13, will be required.
b. Drainage and siltation-control facilities shall be constructed by the developer prior to or concurrently
with grading operations.
c. Ground cover suitable for slope erosion control will be planted and maintained by the developer
immediately following grading.
d. A regular street and parking lot cleaning and drainage pollutant basin maintenance program will be
implemented by the developer or the property owners’ association to minimize pollutant runoff from
internal private roadways and parking areas related to the project.
H. Environmental Impacts/Mitigation
The Program Environmental Impact Report prepared by Cotton/Bridges/Associates, Inc. analyzed the Carlsbad
Oaks North Specific Plan in regard to impacts associated with land use, transportation/traffic, air quality, noise,
biological resources, geology and soils, hazards and hazardous materials, hydrology and water quality, cultural
resources, paleontological resources, aesthetics, public services and utilities, and population and housing. The
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following table presents a summary of the environmental impacts, the mitigation measures required to reduce
potentially significant impacts, and the level of significance of each impact after mitigation. Theses mitigation
measures shall be incorporated into the development and operation of the Carlsbad Oaks North Business Park
project or completed as otherwise specified.
Figure 26 EIR Summary Table
See the following table (Figure 26) 2-1-Summary of Environmental Impacts and Mitigation Measures prepared by
Cotton Bridges Associates dated August 2002.
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VI. SPECIFIC PLAN ENVIRONMENTAL REVIEW
A. Relationship to Environmental Impact Report 98-08
As required by the California Environmental Quality Act, a Program Environmental Impact Report (EIR) was
prepared as a separate document concurrently with the Carlsbad Oaks North Specific Plan. The Environmental
Impact Report, prepared by Cotton/Bridges/Associates, Inc. analyzed the Specific Plan in regard to impacts
associated with land use, transportation and traffic, air quality, noise, biological resources, geology and soils,
hazards and hazardous materials, hydrology and water quality, cultural resources, paleontological resources,
aesthetics, public services and utilities, and population and housing.
Through implementation of the mitigation measures identified in Section V.H., Environmental Impacts
Mitigation, of this document, development of the Carlsbad Oaks North Specific Plan will not result in significant
project specific and/or cumulative impacts to the physical environment with the exception of traffic, air quality,
and biological resources. Overriding consideration have been made by the City Council for traffic, air quality,
and biological impacts through certification of the EIR. Development of the Carlsbad Oaks North Business
Park in accordance with the Carlsbad Oaks North Specific Plan therefore requires that all mitigation measures
imposed by the certified Environmental Impact Report (EIR 98-08) be incorporated into the project or
completed as required by each mitigation measure.
B. Subsequent Environmental Review
As detailed planning progresses, it is anticipated that Minor Site Development Plans, Conditional Use Permits,
Non-Residential Planned Unit Developments and/or Tentative Maps will be submitted for City review in
accordance with the Specific Plan. A Program Environmental Impact Report was required for the Carlsbad
Oaks North Specific Plan to determine and evaluate the project’s potential impacts. If subsequent activities are
proposed outside of the scope of the Program Environmental Impact Report, then an Initial Study shall be used
to determine whether an additional California Environmental Quality Act (CEQA) document must be prepared.
Potential additional CEQA documents include Negative Declarations, Mitigated Negative Declarations, Project,
Supplemental and Subsequent EIRs. Subsequent CEQA documents may be tiered with the original EIR and
may incorporate and reference aspects and elements of the original EIR.
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VII. SPECIFIC PLAN ADMINISTRATION
A. Introduction
Amendments to the Carlsbad Oaks North Specific Plan shall be subject to the review and approval of the City
Council provided public input has been solicited through public hearings. The Planning Commission shall first
hear and consider all applications for an amendment to the specific plan. The Planning Commission shall
prepare a recommendation and findings on all applications for an amendment to the City Council. As required
by the Government code and the California Environmental Quality Act, all agencies significantly affected by the
amendment to the plan shall also be notified of the proposed action prior to approving the amendment of the
specific plan.
Depending on the extent and impact of the Specific Plan Amendment, a subsequent environmental Impact
Report or mitigated negative declaration which focuses on the new impacts may be warranted.
B. State Requirements
As contained in section 65450, et.seq. of the California Government Code, a specific plan shall be prepared,
adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by
resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. No
specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the city’s
General Plan.
C. Local Requirements
Certain amendments to the specific plan may be necessary during the development of the area. Any
amendments to the specific plan shall occur in accordance with the Carlsbad General Plan and processed in
accordance with Section V.C., Amendment Procedures, of this document. Amendments may be initiated by the
City Council or the property owner. Amendments to the Specific Plan shall be processed in accordance with the
applicable requirements of law which include Section 65450, et.seq. of the California Government Code.
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VIII. SPECIFIC PLAN ENFORCEMENT
A. Violation of Specific Plan
The Carlsbad Oaks North Specific Plan shall constitute the orderly development and the zoning for the
property. Consistent with the City of Carlsbad Municipal Code, any violation to the standards and regulations
identified in the Carlsbad Oaks North Specific Plan adopted by Carlsbad’s City Council constitutes a violation
of the zoning ordinance. Where the Specific Plan is silent on an issue, the requirements of the Carlsbad
Municipal Code shall apply.