HomeMy WebLinkAboutSDP 2020-0006; 5980 EAGLE DRIVE; Admin Decision Letter..
July 1, 2021
Beau Brand
FILE Ccityof
Carlsbad
Greystar Development West, LLC
Suite 172
444 S. Cedros Avenue
Solana Beach, CA 92075
SUBJECT:
Dear Mr. Brand,
SDP 2020-0006/CUP 2020-0011 {DEV2020-0291} -5980 EAGLE DRIVE -Request for
approval of a Minor Site Development Plan and Minor Conditional Use Permit SDP 2020-
0006/CUP 2020-0011 for the development and operation of a parking lot, containing 308
parking spaces (269 standard, 16 EV stalls, six ADA, two ADA van stalls, 15 EV capable
stalls), providing perimeter landscaping, lighting and improved access entrance on a 5.94-
acre, previously-graded site identified as Lot 1 (APN 221-015-08-00) located at 5980 Eagle
Drive, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 18.
The City Planner has completed its review of your application for a Minor Site Development Plan SDP
2020-0006 and Minor Conditional Use Permit CUP 2020-0011 located at the northeast corner of Eagle
Drive and Grey Hawk Court. A notice was sent to property owners within a 300-foot radius of the subject
property requesting comments regarding the above request. Staff received public comments by one
individual within the ten-day noticing period that ended on May 28, 2021. Staff addressed the comments
by an administrative hearing held on June 15, 2021 and a response to comments letter that is attached.
After careful consideration of the circumstances surrounding this request, the City Planner has made a
decision pursuantto Sections 21.06.070 and 21.42.070 of the City of Carlsbad Municipal Code to APPROVE
this request based on the following findings and subject to the conditions listed below.
Findings:
Minor Site Development Plan SDP 2020-0006
1. That the proposed development or use is consistent with the general plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code; in that the project consists of the
development of a parking lot, containing 308 parking spaces (269 standard, 16 EV stalls, six ADA,
two ADA van stalls, 15 EV capable stalls,) providing perimeter landscaping, lighting and an improved
access entrance on a 5.94-acre, previously-graded site identified as Lot 7 of the Palomar Forum Tract
Map no. 99-06. No development of any building is associated with this project. The proposed use
will be a parking facility for nearby product distribution centers; approximately half of the parking
spaces are for employees and their personal vehicles and the remainder are for distribution fleet
vehicles. No vehicle repairs will occur on site. The parking facility is for employee vehicle parking
during the day and fleet vehicle overnight and, therefore, is consistent with the Planned Industrial
(Pl) General Plan Land Use designation and Is a conditionally permitted use within the Planned
Industrial (P-M) zoning designation for the site. All roadways and improvements necessary to serve
the development exist, requiring no additional off-site improvements.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
SDP 2020-0006/CUP 2020-0011 (DEV2020-0291)-5980 EAGLE DRIVE
July 1, 2021 c·;3 ~ ! """'j• .. Page 2 :.cc ;l ~ ~ .,,,._ ~J ...,,._, ~} ;
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the parking facility
containing 308 parking spaces has been designed to comply with all applic.ible development
standards required in the Planned Industrial (P-M) zone, as well as mitigation measures contained
in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program adopted
by City Council on December 4, 2001. The project will not adversely impact the site, or traffic
circulation in that the existing surrounding streets, which are fully improved, and have capacity to
accommodate the 924 Average Daily Trips {ADTs) generated by the project through implementation
of a Transportation Demand Management Plan. In addition, the onsite traffic circulation complies
with Fire Department and Land Development Engineering requirements. Lastly, the onsite fleet and
passenger vehicles shall be effectively screened by Its existing topography and perimeter
landscaping, which will mitigate daytime views of parked vehicles.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the 5.94-acre site is adequate in size to accommodate 308 parking stalls that contains
no development of a structure. The location and shape of the site is adequate to accommodate the
use that will provide proper circulation of fleet and personal vehicles on and off-site. Furthermore,
the use complies with the development standards of the Planned Industrial (P-M) zone (Chapter
21.34 of the Carlsbad Municipal Code), and satisfies the policy requirements of the General Plan's
Mobility Element, and the applicable traffic studies and programs.
4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that the proposed parking facility containing 308
parking spaces, with no associated development of a building, and with perimeter landscape,
drainage facilities and other ancillary improvements fit within the developable area. All applicable
requirements of the Planned lndustri-11 {P-M) zoning district have been met, as conditioned.
Adequate vehicle circulatlon is provided to accommodate safe vehicle turning movements and
emergency vehicle access. Access to the site will be provided via a driveway located off Eagle Drive.
A pedestrian connection via sidewalk to the site will be provided off Eagle Drive and Grey Hawk
Court. Lastly, the on-site fleet and personal vehicles will be effectively screened by the existing
topography of the site and proposed landscaping.
5. That the street system serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use; in that proposed conditional use within an Industrial area
satisfies the development standards of the Planned Industrial zone. In addition, the project
conforms with the City's General Plan Mobility Element, and the Transportation Impact Analysis
{TIA) Guidelines by implementing a Tier 3 Transportation Demand Management program and Traffic
Signal Management strategies. The existing surrounding streets, which are fully improved, have
adequate capacity to accommodate the 924 average daily trips generated by the project.
6. That the City Planner finds that the project, as conditioned herein, is in conformance with the
Elements of the city's General Plan and zoning, in that the proposed parking facility use, as
conditioned, is consistent with the Planned Industrial (Pl) General Plan Land Use and Planned
industrial {P-M) Zoning designations for the site; all roadways and Improvements necessary to serve
the development exist, and no additional Improvements are required.
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July 1, 2021
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Conditional Use Permit CUP 2020-0011
7. 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 project consists of the
development of a parking lot, containing 308 parking spaces, 269 standard, 16 EV stalls, six ADA,
two ADA van stalls, and 15 EV capable stalls,) on a previously-graded 5.94-acre site identified as Lot
7 of the Carlsbad Tract Map no. CT 99-06. No development of any structure is associated with this
project. The proposed use will be a parking facility for nearby distribution centers, approximately ·
half of the parking spaces are intended for private vehicles of the employee's and the remainder
for the fleet vehicles. The use is necessary and desirable for the community because it will 'provide
an efficient means of service and support to local businesses and residential areas dependent on
the services provided by the use. The vehicle parking facility is a conditionally permitted use in the
Planned Industrial (Pl) General Plan Land Use designation and the Planned Industrial (P-M) zoning
designation for the site.
8. 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 site identified as Lot 7 of the Carlsbad Tract
Map no. CT 99-06 implements the development standards of the Planned Industrial (P-M) zone that
allows parking facility's as a conditional use. The proposed parking facility is comparable to other
types and intensity of uses allowed in the P-M zone. The use is subject to and will be required to
comply with the performance standards Carlsbad Municipal Code Sections 21.34.090 and
21.42.140(8)(18) which address noise, odors, vibration, glare, air quality and outdoor storage.
9. 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 in order to integrate
the use with other uses in the neighborhood in that the site design proposes on-site and perimeter
landscaping and on-site stormwater drainage and requires no additional amenities. The project
design will screen the site from Eagle Drive through perimeter landscaping. Lastly, all applicable
requirements of the Planned Industrial (P-M) zoning district have been met, as conditioned.
Adequate vehicle circulation has been provided .to accommodate safe vehicle turning movements
and emergency vehicle access. Access to the site will be provided via a driveway located on Eagle
Drive and Grey Hawk Court. A pedestrian connection is provided to the existing sidewalk on Eagle
Drive and Grey Hawk Court.
10. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use in that the project conforms to the City's General Plan Mobility Element, and
the Transportation Impact Analysis (TIA) Guidelines by implementing a Tier 3 Transportation
Demand Management program and Traffic Signal Management strategies. The existing surrounding
streets, which are fully improved, have adequate capacity to accommodate the 924 average daily
trips generated by the project.
General
11. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 18 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.
SDP 2020-0006/CUP 2020-0011 (DEV2020-0291) -5980 EAGLE DRIVE
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Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District that
the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to
the issuance of grading permit.
c. The Local Facilities Management fee for Zone 18 is required by Carlsbad Municipal Code Section
21.90.050 and will be collected prior to issuance of grading permit.
d. A growth management park fee of $0.40 per square foot of non-residential development will
be collected at the time of building permit issuance. This fee will be used to construct
recreational facilities to offset demand created by employees within Local Facilities
Management Zone 18.
12. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
13. That the request for a Minor Site Development Plan and Minor Conditional Use Permit was adequately
noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060
of the Carlsbad Municipal Code.
14. The City Planner has determined that:
a. The project is a project for which a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program were previously adopted [CEQA Guidelines Section 15162] (City Council
Resolution No. 2001-352, dated December 4, 2001); and
b. This project is consistent with the project cited above; and
c. The Mitigated Negative Declaration and Mitigation Monitor and Reporting Program was
adopted by the City Council on December 4, 2001 in connection with the prior project or plan;
and
d. The project has no new significant environmental effect not analyzed as significant in the prior
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and
e. None of the circumstances requiring further environmental compliance under CEQA Guidelines
Sections 15162 or 15163 exist; and
f. The City Planner finds that all feasible mitigation measures identified in the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, which are appropriate to this
Subsequent Project, have been incorporated into this Subsequent Project.
15. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is in
rough proportionality to the impact caused by the project.
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading permit.
1. Approval is granted for SOP 2020-0006/CUP 2020-0011 as shown on Exhibits "A" -''T" dated May 28,
2021 on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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 Minor Site Development Plan and Minor Conditional Use
Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan and Minor 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.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
5. 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.
6. Developer/Operator shall implement, or cause the implementation of, the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program approved by City Council Resolution
No. 2001-352, dated December 4, 2001 and the performance standards of Carlsbad Municipal Code
Sections 21.34.090 and 21.42.140{8){18).
7. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking
areas. All outdoor lighting shall be designed to reflect downward and avoid any impacts on adjacent
property. Energy efficient parking lot lights shall be required. When warranted, the lights should be
used in conjunction with cut-off shields {fully shielded/full cutoff lighting). Such shields shall
eliminate the horizontal and upward projection of light and direct the light downward, eliminating
excess illumination.
8. 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 Minor Site Development Plan and Minor Conditional Use Permit, {b) City's approval or
SDP 2020-0006/CUP 2020-0011 (DEV2020-0291) -5980 EAGLE DRIVE
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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.
9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
10. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits, including, but not limited to the following:
a. A growth management park fee of $0.40 per square foot of non-residential development
will be collected at the time of building permit issuance. This fee will be used to construct
recreational facilities to offset demand created by employees within Local Facilities
Management Zone 18.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
12. 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.
13. Prior to the issuance of the grading permit, 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 Minor Site
Development Plan and Minor Conditional Use Permit on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The City Planner has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer or successor
in interest.
14. Prior to issuance of a grading permit, Developer shall submit and obtain City Planner approval of a
Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape
Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans, subject to necessary corrections noted on the
Preliminary Landscape Plans. All landscaping shall be maintained in a healthy and thriving condition,
free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
15. The first submittal of Final Landscape and irrigation Plans shall be pursuant to the landscape plancheck
process on file in the Planning Division and accompanied by the project's building, improvement, and
grading plans.
16. No outdoor storage of materials shall occuronsite 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.
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SDP 2020-0006/CUP 2020-0011 (DEV2020-0291) -5980 EAGLE DRIVE
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17. This approval shall become null and void if grading permits are not issued for this project within 24
months from the date of project approval.
18. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Site Plan), conceptual
grading plan and preliminary utility plan reflecting the conditions approved by the final decision-
making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable,
signed by the city's project planner and Project Engineer. If no changes were required by these
conditions, the approved exhibits shall fulfill this condition.
19. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad School District that this project has satisfied its obligation to provide school
facilities.
20. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
21. This approval for Minor Site Development Plan and Minor Conditional Use Permit SDP 2020-
0006/CUP 2020-0011 is granted for a period of ten (10) years from July 1, 2021 through July 1, 2031.
This permit may be revoked at any time after a public hearing, if it is found that the use has a
substantial detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a reasonable period
oftime not to exceed ten {10) years, unless determined otherwise by the decision-maker per Carlsbad
Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90
days prior to the expiration date. The City Planner may not grant such extension, unless it finds that
there are no substantial negative effects on surrounding land uses or the public's health and welfare.
If a substantial negative effect on surrounding land uses or the public's health and welfare is found,
the extension shall be denied or granted with conditions which will eliminate or substantially reduce
such effects. There is no limit to the number of extensions the City Planner may grant.
22. No auto repair, servicing, vehicle washing or other activity not strictly consistent with a parking
facility and consistent with the general plan and zoning as determined by the City Planner is allowed
on-site.
Engineering:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading permit.
General
23. 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.
Fees/ Agreements
24. 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.
25. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
26. 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.
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SDP 2020-0006/CUP 2020-0011 {DEV2020-0291)-5980 EAGLE DRIVE
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27. Developer shall implement Transportation Demand Management strategies per the city's Mobility
Element policy 3-P.11 and Carlsbad Municipal Code section 18.51. The Transportation Demand
Management {TOM) Plan prepared during discretionary review is preliminary and shall be finalized
and approved prior to finalizing the grading permit. Prior to grading permit issuance, the Developer
shall submit a Tier 3 Transportation Demand Management Plan for review and approval to the
satisfaction of the city engineer.
28. Prior to finalizing of the grading permit, the developer shall install transportation demand
management infrastructure measures, in accordance with the projects Transportation Demand
Management Plan, as shown on the site plan, including but not limited to the following, to the
satisfaction of the City Engineer:
a. 4 bike storage boxes with spaCf: for 4 future bike storage boxes
b. 1 bike repair kit
c. 1 transit shelter
d. 16 car/vanpool preferential parking
e. 1 passenger loading zone
29. Developer shall implement Transportation System Management strategies per the city's Mobility
Element policy 3-P.11. Prior to issuance of a grading permit, developer shall pay for the installation
of one traffic signal controller.
Grading
30. 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
31. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable. Developer shall notify prospective owners and tenants of the above requirements.
32. 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.
33. 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 .
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SDP 2020-0006/CUP 2020-0011 (DEV2020-0291)-5980 EAGLE DRIVE
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34. 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
35. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of
the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection fees
for private drainage systems.
36. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
of-way permit to the satisfaction of the city engineer.
37. Developer shall design all proposed public improvements including but not limited to driveways,
pedestrian ramps, striping, eastbound transit stop at Palomar Airport Road and Eagle Drive
intersection improvements including a concrete pad, bench, and trash can, and westbound transit
stop at Palomar Airport Road and Eagle Drive intersection Improvements including a bench and
trash can as shown on the site plan and local mobility analysis. These improvements shall be shown
on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance with
the city's current fee schedule. Developer shall execute a city standard Development Improvement
Agreement to install said improvements and shall post security in accordance with C.M.C. Section
18.40.060. Developer shall apply for and obtain a right-of-way permit prior to performing work in the
city right-of-way.
Code Reminders:
38. 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 grading permit issuance, except
as otherwise specifically provided herein.
39. 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.
40. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
41. 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.
42. Premise identification (addresses) shall be provided c.onsistent with Carlsbad Municipal Code Section
17.04.060.
SDP 2020-0006/CUP 2020-0011 (DEV2020-0291) -5980 EAGLE DRIVE
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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 the 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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at
1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within such
time limit shall stay the effective date of the order of the City Planner until such time as a final decision
on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Paul
Dan at paul.dan@carlsbadca.gov
Sincerely,
~?i
DON NEU
City Planner
DN:PD:cf
Attachments: LDE Response Letter to Public Comment
c: Kyrenne Chua, Project Engineer
Don Neu, City Planner
Data Entry
Steve Linke via email splinke@gmail.com
"'"' -•-------
("cuyof
Carlsbad
Memorandum
June 28, 2021
To: Paul Dan, Project Planner
FILE
From: Jennifer Horodyski, Associate Engineer
Via: Jason Geldert, Engineering Manager
Re: SDP 2020-0006 5980 EAGLE DRIVE PARKING LOT
RESPONSE TO COMMENTS RECEIVED JUNE 14, 2021
Land Development Engineering staff has completed a review of the comments submitted by
Steve Linke on June 14, 2021 regarding the proposed project. Responses to the questions and
comments are provided below:
Questions 1 through 5 are not specific to the project.
Question 6: How are the two transit stops on Palomar Airport Road going to be improved to
achieve the required level of service under the LMA (currently LOS "F" according to the
documentation)?
Per Section 6.6 of the Local Mobility Analysis prepared for the project, the project is
required to improve the eastbound and westbound transit stops at the intersection of Palomar
Airport Road and Eagle Drive. The project will install a concrete pad, a bench, and a trash can on
the south side of the street for the eastbound bus stop, and it will install a bench and a trash
can on the existing pad on the north side of the street for the westbound bus stop. The
improvements bring the transit stops to an acceptable level of service.
Question 7: Traffic will be added to portions of Melrose Drive and/or Palomar Airport Road that
have been exempted from the GMP LOS standard due to over-congestion. How will this vehicle
traffic be mitigated under the LMA?
Based on the project's trip generation ancl assignment, it adds traffic to a section of
Palomar Airport Road that has been exempted from vehicular level of service standards and is
required to comply with Mobility Element Policy 3-P.ll. The project will implement
transportation demand management (TDM) and transportation systems management
strategies by preparing a Tier 3 TDM plan and paying for the installation of a traffic signal
controller.
Question 8: The on-site Transit Shelter is being counted twice-as both a "Transit Shelter" and
an "Innovation." Presumably, there will be no actual bus service to this shelter, so it should only
~ Community Development V 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov
be counted once for o single point. How can.this dbub/e counting of a single measure be , .
justified? ,
Unlike traditional transit shelters constructed in the right-of-way for users of public
transit, the transit shelter provided by the project will be constructed on private property and is
considered innovative as it will serve to support several of the project's TDM measures, rather
than just being utilized by traditional bus services, It is designed to be a stop for the Carlsbad
Connector or similar on-demand shuttle. Typically these shuttles do not have improved stops
that offer shelter from the elements. Additionally, the stop will serve as a waiting space for
ride-hailing services, carpools, and van pools. A display kiosk with project-specific transportation
demand management information will be provided within the transit shelter. These uses go
above and beyond those associated with a typical transit shelter. Ride-matching services will be
supported by providing a comfortable and easily accessible place for employees to wait and to
meet. Additionally, the TDM plan will be subject to the monitoring and reporting required by
the TDM Ordinance. As stated in Section IV ofthe TDM plan, should the mode share goals not
be achieved, the transportation coordinator agrees to work with the citywide program to
identify and implement additional measures for the site.
Question 9: How is the maximum 5 points for "TOM in Leases and Purchase Agreements"
justified, particularly given that it is a parking Jot?
The parking lot will be leased for storage of Amazon delivery vans and associated
delivery driver parking. The delivery vans are operated by third party contracted drivers who
are not directly associated with the owner of the parking lot and are not Amazon employees.
Therefore, TDM in Leases and Purchase Agreements is a critical TDM measure for ensuring that
implementation of the TDM measures and requirements associated with the project are
transferred to the holder of the lease and to the third-party vendor employees using the site.
The project earns five points for this measure, which is within the point range identified in the
TDM Handbook.
Question 10: The TOM Handbook says that the lease language should be included in the TOM
plan. Where is this specific language?
Plan guidance in the TDM Handbook states that the "TDM in Leases and Purchase
Agreements" measure should provide language that will be included in the lease that will allow
for TDM supporting roles. It does not state that the lease's specific language must be included
in the TDM plan. The leases and purchase agreements measure in the project's TDM plan
appropriately describes that the lease agreement will bind the User (Amazon) to provide
ongoing TDM services as outlined in the approved TDM plan. Additionally, it states that the
User's contract with third party vendors will include a disclosure statement that the vendors
will be required to use commercially reasonable efforts to follow TDM measures, as well as a
copy of the approved TDM plan.
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