HomeMy WebLinkAboutSDP 2022-0017; 2051 PALOMAR AIRPORT ROAD; Admin Decision LetterApril 11, 2024
Brian Hecktman
City of Carlsbad
APR 11 2024
Planning Division
(City of
Carlsbad
180 Sutter Street Unit 400
San Francisco, CA 92104
SUBJECT: SDP 2022-0017/CUP 2023-0013 (DEV2022-0207) -2051 PALOMAR AIRPORT ROAD -·
Request for approval of a Minor Site Development Plan (SDP 2022-0017) and a Minor
Conditional Use Permit (CUP 2023-0013) for exterior improvements to an existing three
story, 186,717-square-foot office and warehouse building. The project also proposes a
change in use from 165,490 square feet of office and 17,920 square feet of warehouse to
167,112 square feet of office, 18,981 square feet of warehouse, and 624 square•feet of
indoor restaurant with 1,705 square feet of restaurant outdoor dining. The building will
be split into four office tenants and one restaurant tenant for a total of five tenant spaces.
The subject 13.07-acre property is located at 2051 Palomar Airport Road (APN 213-050-
39-00), in the Planned Industrial {P-M) Zone and Local Facilities Management Zone 5.
Dear Mr. Hecktman,
The City Planner has completed a review of your application for a Minor Site Development Plan SDP 2022-
0017 and Minor Conditional Use Permit CUP 2023-0013 for exterior improvements to an existing three
story, 186,717-square-foot office and warehouse building located at 2051 Palomar Airport Road. The
project also proposes a change in use from 165,490 square feet of office and 17,920 square feet of
warehouse to 167,112 square feet of office, 18,981 square feet of warehouse, and 2,329 square feet of
restaurant (624 square feet of interior restaurant space and 1,705 square feet of outdoor restaurant space
converted from existing outdoor employee eating area). The project proposes a new drive-aisle off the
existing private driveway parallel to the north property line and Palomar Airport Road for the purpose of
providing 26 additional parking spaces and associated landscaping. With the additional parking spaces, a
total of 738 parking spaces will be provided onsite. The project also proposes to remove a portion of the
existing employee outdoor eating areas to allow for the drive-aisle improvements and to provide
additional space for the existing truck loading dock. The project will provide 4,034 square feet of new
employee outdoor eating areas which will bring the overall square footage of the employee outdoor
eating area to 11,666 square. The project also includes a 930-square-foot proposed mechanical and
generator enclosure, and a revised tenant fa~ade along Palomar Airport Road. A notice was sent to
property owners within a 300 foot radius of the subject property requesting comments regarding the
above request. No comments were received within the ten-day notice period {ending on September 9,
2023). After careful consideration of the circumstances surrounding this request, the City Planner has
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0017 /CUP 2023-0013 {DEV2022-0207)-2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e 2
made a decision pursuant to Section 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, SOP 2022-0017
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 exterior
changes and a change of use to an existing three story 186,717-square-foot office building to
repurpose the building from 165,490 square feet of office and 17,920 square feet of warehouse to
167,112 square feet of office, 18,981 square feet of warehouse, and 2,329 square feet of restaurant
{624 square feet of Interior restaurant space and 1,705 square feet of outdoor restaurant space
converted from existing outdoor employee eating area). Exterior building improvements consist of
a new drive aisle extending east from the existing driveway, parallel to Palomar Airport Road, for
the purpose of providing 26 additional parking spaces and additional landscaping, a revised building
fa~ade, drainage facilities, additional outdoor dining areas for employees, and a mechanical and
generator enclosure. Surface parking for 738 vehicles (711 spaces required) will be provided.
Employee outdoor eating areas will decrease from 11,730 square feet to 11,666 square feet (11,203
square feet required) as a portion of the existing outdoor eating areas were removed to allow for
the improvements and to provide additional space for the existing truck loading dock. The proposed
office, ancillary warehouse and restaurant are consistent with the Planned Industrial (Pl) General
Plan Land Use designation and are permitted uses within the Planned Industrial (P-M) zoning
designation for the site. The restaurant use requires a Minor Conditional Use Permit which is
included in this entitlement.
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 building footprint is
not being expanded and the project complies with all applicable development standards of the
Planned Industrial {P-M) zoning district. The project will not adversely impact the site, surroundings,
or traffic circulation in that the existing surrounding streets, which are fully improved, have
adequate capacity to accommodate the additional 49 Average Daily Trips (ADTs) generated by the
project. In addition, the internal traffic circulation complies with Fire Department and Land
Development Engineering requirements.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the project complies with all development standards of the Planned Industrial (P-M)
zoning district {Chapter 21.34 of the carlsbad Municipal Code), Including setbacks, building
coverage, employee eating areas, landscaping, parking, and height restrictions. The existing slope
and landscaped area between the building pad and Palomar Airport Road is proposed to be
regraded slightly steeper to allow for the proposed drive aisle and will be re-landscaped. The
proposed slope and landscaping will adequately screen the proposed drive aisle from Palomar
Airport Road.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0017 /CUP 2023-0013 (DEV2022-0207}-2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e 3
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 site improvements for the office, ancillary
warehouse and restaurant uses include surface parking, employee eating areas, drainage facilities,
perimeter and parking lot landscaping fit within the developable area and meet all required
setbacks. The project meets all applicable development standards of the Planned Industrial (P-M}
zone.
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 existing-surrounding streets; which are fully
improved, have adequate capacity to accommodate the additional 49 ADTs generated by the
project.
6. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301(a}-Existing Facilities of the state CEQA Guidelines. In making
this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the
state CEQA Guidelines do not apply to this project.
7. That the request for a Minor Site Development Plan 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.
8. 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.
9. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that the existing structure is located entirely
within Safety Zone 6. Offices, warehouses and eating and drinking establishments are identified in
the ALUCP as "compatible" uses in Safety Zone 6 without intensity restrictions. The project is
compatible with the projected noise levels of the ALUCP; and, based on the noise/land use
compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the
existing building is located outside of the exterior noise level contours however a small portion of
the property is located within the 60-65 dB CNEL. Office, warehouse and eating and drinking
establishment uses are identified in the ALUCP as "compatible" indoor and outdoor uses withing
the 60-65 dB CNEL.
Minor Conditional Use Permit, CUP 2023-0013
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0017 /CUP 2023-0013 (DEV2022-0207} -2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e4
11. 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 restaurant will
provide food and beverage options for the employees on site and in the surrounding office buildings
as well as residents within the community. The proposed restaurant is consistent with the General
Plan in that the Pl General Plan Use Designator allows for industrial lands primarily for corporate
office, research and development (R&D) and manufacturing use with ancillary commercial uses. The
restaurant is an ancillary commercial use to the existing office on site. Additionally, in accordance
with Industrial Land Use Policy 2-P.29 of the General Plan Land Use Element, the proposed use will
provide support uses in an area designated Planned Industrial. The proposed use is also consistent
with the P-M zone which allows restaurants with the approval of a minor conditional use permit.
12. 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 restaurant is a conditionally
permitted use with the PM zone and is compatible with the surrounding uses. The restaurant was
previously approved as an eating establishment/cafeteria for onsite employees only with offsite
catering. The proposed restaurant requires no changes to t_he existing site design as the restaurant
is already in operation.
13. 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 proposed restaurant will occupy an existing
624-square-foot suite that was previously a cafeteria within the existing office building as well as
1, 705-square-feet of outdoor dining in existing patio space (2,329 square feet total). The patio space
will be shared with the office as outdoor employee dining and the restaurant is conditioned to share
that space and allow employees of the office to occupy the patio. No additional improvements are
required for the restaurant as the restaurant will occupy existing space. The restaurant meets all
required setbacks. All required parking for the restaurant (24 spaces) is provided on site along with
the parking for the office and ancillary warehouse. A total of 711 parking spaces are required for
the light industrial and restaurant uses and a total of 738 are proposed. Parking lot landscaping and
perimeter landscaping is proposed.
14. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use in that project has direct access off Palomar Airport Road. The existing-
surrounding streets, which are fully improved, have adequate capacity to accommodate the
additional 49 ADTs generated by the project.
15. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301(a) -Existing Facilities of the state CEQA Guidelines. In making
this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the
state CEQA Guidelines do not apply to this project.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2022-0017 /CUP 2023-0013 (DEV2022-0207) -2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e 5
16. That the request for a 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.
17. 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.
Conditions:
NOTE: Unless specifically stated in the condition, all ofthe following conditions, upon the approval of this
proposed development, must be met prior to approval of a building or grading permit whichever occurs
first.
1. Approval is granted for SDP 2022-0017 /CUP 2023-0013 as shown on Exhibits "A" -"CC" dated April
11, 2024 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 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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0017 /CUP 2023-0013 (DEV2022-0207)-2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e6
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
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.
7. 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.
8. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
9. Building permits will not be issued for this project unless the local agency providing water and sewer
services to the project provides written certification to the city that adequate water service and sewer
facilities, respectively, are available to the project at the time of the application for the building
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
11. 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.
12. 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.
13. 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 Final
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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2022-0017 /CUP 2023-0013 (DEV2022-0207) -2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e 7
14. 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.
15. This Conditional Use Permit is granted without an expiration date. 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.
16. 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, 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 5, 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.
17. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed
from view and the sound buffered from adjacent properties and streets, in substance as provided in
Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic
Development Department and Planning.
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.
19. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction of the City Planner.
20. The 1,705-square-foot outdoor dining patio, as shown on Exhibits "A" -"CC" as Outdoor Amenity 1
shall be shared between the on-site restaurant and the on-site employees and building occupants.
The outdoor dining patio shall be open seating and shall be available to on-site employees and
building occupants at all times.
Engineering:
General
21. 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.
22. 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2022-0017 /CUP 2023-0013 (DEV2022-0207) -2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e8
23. 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.
24. 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.
25. Property owner shall maintain all landscaping {street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Palomar Airport Road as shown on the Site Plan.
Fees/ Agreements
26. 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.
27. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
28. 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
29. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
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
30. 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.
31. 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0017 /CUP 2023-0013 (DEV2022-0207) -2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e 9
32. This project is subject to 'Priority Development Project' requirements and trash capture
requirements. Developer shall prepare and process a Storm Water Quality Management Plan
(SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest
version. The final SWQMP required by this condition shall be reviewed and approved by the city
engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and
inspection fees per the city's latest fee schedule.
33. Developer is responsible to ensure that all final design plans (grading plans, landscape plans, building
plans, etc) incorporate all source control, site design, pollutant control BMP and applicable
hydromodification measures.
Dedications/Improvements
34. 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.
35. 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.
36. 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.
37. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the site plan and to the
satisfaction of the city engineer. These facilities shall be constructed within the property.
Utilities
38. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project.
39. Developer shall evaluate the strength of the existing storm drain impacted by this development. If
the strength of the existing storm drain cannot be determined or cannot handle the proposed load,
then the existing storm drain shall be removed and replaced.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0017 /CUP 2023-0013 (DEV2022-0207) -2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e 10
40. 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.
41. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
42. 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.
43. 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.
44. 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.
45. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
46. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for
Zone 5 as required by Carlsbad Municipal Code Section 21.90.050.
47. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
48. Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG)
reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are
not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California
Green Building Standards Code (CCR, Title 24, Part 11 -CALGreen), as amended from time to time.
GHG reduction requirements may be different than what is proposed on the project plans or in the
Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that
new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging,
water heating and traffic demand management requirements as set forth in the ordinances and codes
may impact, but are not limited to, site design and local building code requirements. If incorporating
GHG reduction requirements results in substantial modifications to the project, then prior to issuance
of development (grading, building, etc.) permits, Developer may be required to submit and receive
approval of a Consistency Determination or Amendment for this project through the Planning
Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or
with the construction plans prior to issuance of the applicable development permits.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0017 /CUP 2023-0013 {DEV2022-0207) -2051 PALOMAR AIRPORT ROAD
April 11, 2024
Pa e 11
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 $900. 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
Lauren Yzaguirre at (442) 339-2634.
Sincerely,
ERIC LARDY
City Planner
EL:LY:cf
c: Nathan Dean, 3911 Sorrento Valley Blvd, STE 120, San Diego, CA 92121
Nichole Fine, Project Engineer
Eric Lardy, City Planner
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600