HomeMy WebLinkAbout2023-06-20; City Council; ; Summary vacation of relinquishment of access rights over a portion of Lot 13 of Map No. 15013 located at 3266 Lionshead Ave. (VAC 2021-0003)CA Review __RK__
Meeting Date: June 20, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jason Geldert, Engineer Manager
Jason.geldert@carlsbadca.gov, (442) 339-2758
Subject: Summary vacation of relinquishment of access rights over a portion of Lot
13 of Map No. 15013 located at 3266 Lionshead Ave. (VAC 2021-0003)
District: 2
Recommended Action
Adopt a resolution approving a summary vacation of relinquishment of access rights over a
portion of Lot 13 of Map No. 15013.
Executive Summary
The City Council is being asked to approve a request from the developer of an Amazon
distribution center at 3266 Lionshead Ave. to vacate the relinquishment of access rights to
allow new driveway locations.
California Government Code Section 8333(c) of the Streets and Highway Code gives the local
legislative body, in this case the City Council, the authority to act on such summary vacation
requests.
Explanation & Analysis
As a part of a site development plan permit amendment, the developer of the Amazon
distribution center proposed to relocate its driveway access from the location shown on Map
No. 15013 to a slightly different location. The map shows the area along the frontage where
access rights were relinquished and vehicle access to the property in those locations was not
allowed. The new driveways are to be in that area.
The site development plan permit amendment, which included the new driveway locations,
was approved by the City Planner and as a condition of approval, the applicant is required to
process a vacation of relinquishment of access rights for the new driveway locations.
The City Planner approved an amendment to an approved site development permit for the
project on Oct. 5, 2021. (Exhibit 3) The site development plan proposed that the property’s two
existing driveways be relocated to provide better access to the site, considering the building’s
design and layout on the property. The new driveway locations do not conflict with neighboring
driveways, provide clear visibility for drivers exiting the property and for drivers approaching
the driveways (the sight distance), and have been found to comply with all city engineering
standards. The approved site development plan permit included a condition of approval
June 20, 2023 Item #6 Page 1 of 16
requiring the applicant to process a vacation of relinquishment of access rights associated with
the original development approvals.
Section 8333(c) of the California Streets and Highways Code states that a public easement may
be summarily vacated if the easement has been superseded by relocation and there are no
public facilities located within the easement. The proposed vacation complies with this
requirement, so city staff are recommending that the City Council approve the summary
vacation of relinquishment of access rights.
Fiscal Analysis
All fees necessary to process this summary vacation have been paid by the owner in accordance
with the city’s fee ordinance.
Next Steps
The City Clerk will record this resolution, including the legal description and plat map, in the
Office of the County Recorder of San Diego County. Upon the date this resolution is recorded in
the County Recorder’s office, the relinquished access rights will be considered summarily
vacated.
Environmental Evaluation
The City Planner has determined that in accordance with California Environmental Quality Act
Guidelines Section 15168(c)(2) and (e), the project is a subsequent activity of the Carlsbad
Raceway, a project for which a mitigated negative declaration was prepared. This activity is
within the scope of the program approved earlier and the program report adequately describes
the activity for the purposes of CEQA. This project is consistent with the specific plan cited
above and the project has no new significant environmental effects not analyzed as significant
in the prior environmental impact report, so no further environmental review is required.
Exhibits
1. City Council resolution
2. Location map
3. Amendment to site development permit
June 20, 2023 Item #6 Page 2 of 16
RESOLUTION NO. 2023-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SUMMARY VACATION OF RELINQUISHMENT OF
ACCESS RIGHTS OVER A PORTION OF LOT 13 OF MAP NO. 15013
WHEREAS, the City Council of the City of Carlsbad, California has determined that BRE 3261
Lionshead LLC, owner of property described as Lot 13 of Map No. 15013, Carlsbad Raceway, in the City
of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San
Diego County on date, May 3, 2005, has filed an application to vacate a portion of relinquishment of
abutters' rights of access easement along the street frontage of Lot 13 of Map No. 15013; and
WHEREAS, the City Planner on Oct. 5, 2021, approved AMEND2021-0004 to allow parking lot
changes on said Lot 13; and
WHEREAS. AMEND2021-0004 via Engineering Condition No. 9 of the letter of approval dated
Oct 5, 2021, contemplated the vacation of a portion of the relinquished abutters' rights of access
easement along the street frontage of said Lot 13; and
WHEREAS, the City Engineer has determined that the vacated portion of the relinquished
abutters' rights of access easement aligned with the proposed driveways is not needed for present or
future street purposes; and
WHEREAS, this vacation is made pursuant to Section 8333{C) of the California Streets and
Highways Code; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest
to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
l.
2.
That the above recitations are true and correct.
That it is City Council's said intention to vacate a portion of the relinquishment of
abutters' rights of access along the street frontage of Lot 13 of Map No. 15013.
Exhibit 1
June 20, 2023 Item #6 Page 3 of 16
3.The proposed summary vacation meets the California Streets and Highway Code Section
8333(() as the easement has been superseded by relocation and there are no public
facilities located within the easement.
4.That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways
Code, said access easement more particularly described in Attachment A and shown for
the sake of clarity in Attachment B, shall be summarily vacated.
5.The City Clerk is directed to record this resolution, the attached legal description and
plat in the Office of the County Recorder of San Diego County.
6.That upon recordation of this resolution at the County Recorder's Office, this easement
no longer contributes a public street or public service agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 20th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
�
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
June 20, 2023 Item #6 Page 4 of 16
Attachment A
June 20, 2023 Item #6 Page 5 of 16
EXHIBIT "A"
LEGAL DESCRIPTION OF SUMMARY VACATION
VAC2021 -0003
ALL THAT PORTION OF RELINQUISHED RIGHTS OF ACCESS
PER MAP NO. 15013, CAl~LSBAD TRACT NO. 98-10,
RECORDED P.,S FILE NO. 2005-0371022 ON MAY 3, 2005
IN TH E OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, STA TE OF CALIFORNIA, WITHIN THE FOLLOWING
DESCRIBED REAL PROPERTY:
PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT
OR PARCEL MERGER NO. ADJ 06-07, CE 060030,
AS EVIDENCE BY DOCUMENT RECORDED AUGUST 27, 2007
AS INSTRUMENT NO. 2007-0568170, OF OFFICIAL RECORDS.
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EXP. 12/31/16
8/5/21
Attachment B
June 20, 2023 Item #6 Page 6 of 16
VAC2021-0003
PROPOSED SUMMARY VACATION
OF
RELI NQU ISHME NT OF ACCESS RIGHTS
36' ACCESS
OPE NING
MAP No. 15013
(TYPICAL)
L=16. 94'
R=600.00'
D=1 ·37'02"
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L=57.58'
R=634.00'
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ELI NQU ISHED RIGH TS OF ACCESS
PER MAP No. 15013 --SCALE: 1 "=200'
TO BE SUMMARILY VACATED .
(HATCHED AREA)
BASIS OF BEARING V IC IN ITY MA P
NOT TO SCALE
CITY OF OCEANS/OE_
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CENTERLI NE BEARING OF LIONS HEAD AVE.
AS SHOWN ON MAP No. 15013,
PACIFIC
OCEAN
CITY OF ENCINITAS
SH EETS 16 & 17 OF 22 SHEETS
DEPICTED AS NS8°35'06"E
<y CITY OF VISTA STORM DRAIN EASEMEN T
PER FILE/PAGE No. 87-609285 0 20' CITY OF CARLSBAD STORM DRAIN
EASEM ENT PER MAP No. 1501 3 <» CITY OF VISTA SEWER EASEMENT PER
DOC# 2004-1160412 <9 CITY OF VISTA SEWER EASEMENT PER
FILE/PAGE No. 86-441 919
M 20' CITY OF CARLSBAD V STORM DRAIN ACCESS
EAS EMENT PER MAP No. 15013
~ SDGE EASEMENT PER DOC.# 2005-07411 98
O IND ICATES DIMEN SION POINT W CITY OF VISTA SEWER EASEMENT PER
-------PROPERTY BOUNDARY LI NE DOC# 2004-11 60413
--- ---RIGHT OF WAY LINE <w SITE DISTANCE CORR ID OR
---RIGHT OF WAY CENTERLI NE (MAP No. 15013)
- - - - - - -EASEMENT OR SETBAC K LINE 1 OF 1
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NEXUB3D .CCM
220 108th STREET BAKERSFIELD, CA. 93301
PH: (661) 205-5228 EMAIL: AAR0N@NEXUS3D.C0M
AME ND2021 -0004.
LIONSHEAD AV
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PLO TTED BY: Andy C hang PLO T DATE: 4/17 /2023 PATH: Z:\Ema d_Elias\Lo cationMap\Lionshead\3266L ionshead.mxd
PROJECT NAME EXHIBITPROJECTNUMBERVAC2021-0003 23266 LIONSHEAD AVE.
3266 LIONSHEAD AVE
LOCATION MAP
CARLSBAD
VISTA
SAN MARCOS
ENCINITAS
OCEANSIDE
SITE
³NOT TO SCALE
Vicinity Map
³NOT TO SCALE
Exhibit 2
June 20, 2023 Item #6 Page 7 of 16
October 5, 2021
Alexandria Smille
Permit Advisors
8370 Wilshire Blvd #330
Beverly Hills, CA 90211 {'city ofCarlsbad 8FILE COPY
tY!,�l'(./ 10/rs/z1
SUBJECT: AMEND 2021-0004 (DEV16036)-DISTRIBUTE LOTS 13-15 SHELL BUILDING -Request for
approval to amend Minor Site Development Plan SOP 16-19 (AMEND 2021-0004), to allow
modifications on the site of an industrial/office building located at 3266 Lionshead
Avenue in Local Facilities Management Zone 18
Dear applicant,
The City Planner has completed a review of your application for an amendment to Minor Site
Development Plan SOP 16-19 (AMEND 2021-0004) located at 3266 Lionshead Avenue. The proposed
modifications to the building include removing some existing rollup doors and exterior wall segments and
replacing with louvered ventilation. Proposed site modifications include reconfiguring the parking lot to
accommodate larger vehicles by relocating existing landscape islands and restriping the parking spaces,
adding an external generator with screening, and adding bike racks and a ride-share waiting area. After
careful consideration of the circumstances surrounding this request, the City Planner has made a decision
pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this request based on
the following findings and subject to the conditions listed below.
Findings:
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 minor
building and site modifications on a site with an existing industrial shell building with surface
parking for 249 vehicles, outdoor employee eating areas, perimeter and parking lot landscape,
retaining walls, and drainage facilities. The project site is bordered by an existing car wash in the
City of Vista to the east, open space and an electric vehicle sales and repair business to the west,
Lionshead Avenue and industrial buildings to the south and open space and Industrial buildings in
the City of Vista to the north. The proposed warehouse/distribution center and associated office
uses are 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. The building is located outside
the 60 dBA CNEL noise contour of the McClellan-Palomar Airport. The proposed modifications will
not adversely impact the site, surroundings, or traffic circulation in that the project complies with
all applicable developme�t standards included in the Planned Industrial (P-M) Zone. The existing
surrounding streets, which are fully improved, have adequate capacity to accommodate the 7,299
Average Daily Trips (ADT) generated by the project.
Community Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
Exhibit 3
June 20, 2023 Item #6 Page 8 of 16
AMEND 2021-0004 -DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page 2
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 project complies with
all development standards of the Planned Industrial (P-M) Zone including setbacks, building
coverage, employee eating, landscaping, parking, and height restrictions.
3.That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the existing industrial/office building with proposed modifications, surface parking,
employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and
other ancillary improvements all fit within the developable area and all applicable development
standards of the Planned Industrial (P-M) Zone have been met. Loading areas have been screened
through building orientation by their location in the rear of the building. Adequate vehicle
circulation has been provided to accommodate safety and truck turning movements. Access to the
site is provided by two driveways from Lionshead Avenue. Pedestrian connection to the existing
sidewalk on Lionshead Avenue has been provided by a sidewalk along the western driveway.
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 existing industrial/office building with
proposed modifications, surface parking, employee eating areas, and other necessary
improvements fit within the developable area of the lot and all applicable development standards
have been met. Existing and proposed landscaping and existing slopes will help screen the parking
areas. Adequate vehicle circulation has been provided to accommodate safety and truck turning
movements. Access to the site will be provided by two driveways from Lionshead Avenue.
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 the proposed use is consistent with the use analyzed
in the circulation analysis prepared for Mitigated Negative Declaration GPA 98-05/ZC 01-07 /CT 98-
10/HDP 98-09/PIP 01-01 for the Carlsbad Raceway Business Park subdivision; and the existing
surrounding streets, which are fully improved, have adequate capacity to accommodate the 7,299
Average Daily Trips (ADT) generated by the project.
6.The City Planner has determined that:
a.this project is a project for which a Mitigated Negative Declaration was previously adopted
(15162];
b.this project is consistent with the project cited above;
c.the Mitigated Negative Declaration GPA 98-05/ZC 01-07 /CT 98-10/HDP 98-09/PIP 01-01 -
Carlsbad Raceway Business Park was adopted in connection with the prior project or plan;
d.the project has no new significant environmental effect not analyzed as significant in the prior
Mitigated Negative Declaration; and
e.none of the circumstances requiring a Subsequent Mitigated Negative Declaration or a
Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist.
June 20, 2023 Item #6 Page 9 of 16
AMEND 2021-0004 -DISTRIBUTE LOTS 13-15 SHELL BUILDING October 5, 2021
Page 3
7.The City Planner finds that the project, as conditioned herein, is in conformance with the Elements of
the City's General Plan and the Carlsbad Raceway Business Park subdivision in that the proposed
development consists of modifications to an industrial/office building and surrounding site
improvements which is consistent with the Planned Industrial (P-M) Zone which implements the
Planned Industrial (Pl) General Plan Land Use Designation applied to the property.
8.The project is consistent with the Citywide 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.
Specifically,
a.The project has been conditioned to provide proof from the San Marcos Unified School District
that the project has satisfied its obligation for school facilities.
b.Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected
prior to issuance of building permit.
c.The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to
the issuance of building permit.
d.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 building permit.
9.That the project is consistent with the City's Landscape Manual and Water Efficient LandscapeOrdinance (Carlsbad Municipal Code Chapter 18.50).
10.The City Planner has reviewed each of the exactions imposed on the Developer contained in thisapproval 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.
June 20, 2023 Item #6 Page 10 of 16
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AMEND 2021-0004-DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page 5
9.Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the San Marcos 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 ofthe Zone 18 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
11.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.
12.Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
13.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.
14.Prior to the issuance of the Building 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, notifyingall interested parties and successors in interest that the City of Carlsbad has issued a Minor Site
Development Plan Amendment 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.
15.Developer shall make a separate formal landscape construction drawing plan check submittal to the
Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing
conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual.
Developer shall construct and install all landscaping and irrigation as shown on the approved FinalPlans. 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 thelandscape for plant growth without causing soil erosion and runoff.
16.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.
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.
June 20, 2023 Item #6 Page 12 of 16
AMEND 2021-0004 -DISTRIBUTE LOTS 13-15 SHELL BUILDING October 5, 2021
Page 6
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.
Engineering:
General
19.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.
20.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.
Fees/ Agreements
21.Developer shall implement Transportation Demand Management strategies per the city's Mobility
Element policy 3-P.11 and the Transportation Demand Management ordinance per Carlsbad
Municipal Code section 18.51. The Transportation Demand Management (TDM) Plan prepared
during discretionary review is preliminary and shall be resubmitted and approved prior to
occupancy. Prior to building permit issuance, the Developer shall have a consultation with city staff
regarding submittal of the TDM Plan. Prior to occupancy, the Developer shall submit a Tier 2
Transportation Demand Management Plan to the satisfaction of the City Engineer.
Prior to occupancy, the developer shall install transportation demand management infrastructure
measures, in accordance with the project's Transportation Demand Management Plan, as shown
on the site plan, including but not limited to the following, to the satisfaction of the City Engineer:
a.Secure bike lockers
b.Public bike parking
c.Bicycle repair station
d.Carpool/vanpool spaces
June 20, 2023 Item #6 Page 13 of 16
AMEND 2021-0004-DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Pa e 7
Grading
22.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
23.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 qevices, 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.
24.Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
25.The project is subject to 'Priority Development Project' requirements. Developer shall verify
compliance of the existing 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.
26.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
27.Developer shall cause owner to submit to the city engineer for recordation a vacation of
relinquishment of access rights purposes as shown on the site plan. Developer shall pay processing
fees per the city's latest fee schedule.
28.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.
29.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.
30.Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic inde� 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.
June 20, 2023 Item #6 Page 14 of 16
AMEND 2021-0004 -DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page 8
Public Works:
Traffic
31.Developer shall design all proposed public improvements including but not limited to 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 concrete pad, a bench and trash can as discussed in the local
mobility analysis. These improvements shall be shown on a Construction Revision to an existing record
public improvement drawing, subject to city engineer approval.
32.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.
33.Developer shall implement Transportation System Management strategies per the city's Mobility
Element policy 3-P.11. Prior to issuance of a building or grading permit, developer shall pay for the
installation of one traffic signal controller.
Code Reminders:
34.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.
35.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.
36.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 tentative map are for planning purposes only.
37.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.
38.Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
co·uncil Policy No. 17.
39.Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
40.The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
41.Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320.
June 20, 2023 Item #6 Page 15 of 16
AMEND 2021-0004-DISTRIBUTE LOTS 13-15 SHELL BUILDING
October 5, 2021
Page 9
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 GovernmentCode 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 $786.00. 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 Chris Garcia at (760) 602-4622.
Sincerely,
CLIFF JONES
Principal Planner
CJ:CG:cf
c: BRE 3261 Lionshead Owner LLC, 602 W. Office Center Dr #200, Fort Washington, PA 19034
Emad Elias, Project Engineer
File Copy/Data Entry/Laserfische
June 20, 2023 Item #6 Page 16 of 16