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HomeMy WebLinkAbout2024-08-20; City Council; ; Summary Vacation of Relinquishment of Access Rights over a Portion of Lot 3 of Subdivision Map No. 14962 Located on Whiptail Loop (VAC2023- 0001)CA Review __AF__ Meeting Date: Aug. 20, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: David Rick, Associate Engineer david.rick@carlsbadca.gov, 442-339-2758 Subject: Summary Vacation of Relinquishment of Access Rights over a Portion of Lot 3 of Subdivision Map No. 14962 Located on Whiptail Loop (VAC2023- 0001) District: 2 Recommended Action Adopt a resolution approving a summary vacation of a relinquishment of access rights over a portion of Lot 3 of Subdivision Map No. 14962 located on Whiptail Loop. Executive Summary Access rights are conditions placed on developments in the planning process to establish where driveways can be located along public roads and, in some instances, developers relinquish the right to access certain areas where driveways cannot be built. The developer of three industrial buildings at 2750, 2762, and 2774 Whiptail Loop wants to relocate a driveway and has asked the city to give up part of the relinquishment of access rights that was established when the property was subdivided. The request requires the City Council’s approval because California Streets and Highway Code Section 8333(c) gives the City Council the authority to act on summary vacation requests. Explanation & Analysis As a part of a site development plan permit application, the developer has proposed to relocate the property’s driveway access from where it was initially shown on subdivision Map No. 14962 to a slightly different location. The subdivider relinquished access to an area along the front of the property in the original development process, and vehicle access to the property in those locations was not allowed. The new driveway is to be in a 40-foot-wide portion of that area. The City Planner approved a site development permit for the project on Oct. 31, 2022. (Exhibit 3) The site development plan proposed that the property’s existing driveway be relocated to provide better access to the site, considering the building’s design and layout on the property. Aug. 20, 2024 Item #4 Page 1 of 18 The new driveway location does not conflict with neighboring driveways, provides clear visibility for drivers exiting the property and for drivers approaching the driveways and has been found to comply with all city engineering standards. The approved site development plan permit included a condition of approval 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. Staff have not identified any drawbacks in approving this request. 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 all required recording documents, in the Office of the County Recorder of San Diego County. The relinquished access rights will be considered summarily vacated on the date this resolution is recorded by the County Recorder’s Office. Environmental Evaluation The City Planner has determined that, in accordance with California Environmental Quality Act Guidelines Sections 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.Site development permit Aug. 20, 2024 Item #4 Page 2 of 18 RESOLUTION NO. 2024-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SUMMARY VACATION OF A RELINQUISHMENT OF ACCESS RIGHTS OVER A PORTION OF LOT 3 OF SUBDIVISION MAP NO. 14962 LOCATED ON WHIPTAIL LOOP WHEREAS, the City Council of the City of Carlsbad, California has determined that Carlsbad Oaks North Ventures LP, A California limited partnership, owner of property described as Lot 3 of Carlsbad Tract No. 97-13-1, Carlsbad Oaks Phase 1, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 14926, filed in the Office of the County Recorder of San Diego County, Dec. 15, 2004, has filed an application to vacate a portion of relinquishment of access rights along the street frontage of Lot 3 of subdivision Map No. 14926; and WHEREAS, the City Planner on Oct. 31, 2022, approved SDP2021-0016 for the development of three (3) light industrial buildings totaling 67,714 square feet on said Lot 3; and WHEREAS, the letter of approval dated Oct. 31, 2022, for SDP 2021-0016 included Engineering Condition No. 35 which contemplated the vacation of a portion of the relinquished access rights along the street frontage of said Lot 3; and WHEREAS, the City Engineer has determined that the vacated portion of the relinquished access rights aligned with said driveway is not needed for present or future street purposes; and WHEREAS, this vacation is made pursuant to Section 8333(() of the California Streets and Highways Code; and WHEREAS, the relinquishment of access rights is not useful as a non-motorized transportation facility; and WHEREAS, the proposed vacation is in accordance with growth management policies and is consistent with the city's General Plan; 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: 1.That the above recitations are true and correct. 2.That it is City Council's said intention to vacate a portion of the relinquishment of access rights along the street frontage of Lot 3 of Map No. 14926. Exhibit 1 Aug. 20, 2024 Item #4 Page 3 of 18 3.That pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, said excess easement more particularly described in Attachment A and shown for the sake of clarity in Attachment B, shall be summarily vacated. 4.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. 5.That upon recordation of this Resolution at the County Recorder's Office, this easement no longer contributes as a public street or public service easement. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of August, 2024 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) Aug. 20, 2024 Item #4 Page 4 of 18 EXHIBIT "A" VAC 2023-0001 LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF LOT 3 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 15, 2004, SAID CORNER BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WHIPTAIL LOOP (84.00 FEET WIDE); THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 11°33'31" WEST 122.35 FEET TO THE TRUE POINT OF BEGINNING FOR THE 40.00 FOOT WIDE ACCESS VACATION; THENCE CONTINUING NORTH 11°33'31" WEST 40.00 FEET TO THE END OF SAID ACCESS VACATION. ATTACHED HERETO IS A DRAWING LABELLED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. 6/05/2024 L.S.6404 ti>. 6404 Attachment A Aug. 20, 2024 Item #4 Page 5 of 18 RAMONJ.SP~ EXHIBIT "B" [L@u �� lRal&lP OO©a 'O ® 'O �® - \? � @ � c;l � a 0 8 @ @ � D um\ 8 a � (}!j)® � 00 � @) um\ :z CJl �_.(J1 -I>-(.N (J1 0_. NB4'35'16"E 2B0.24' LEGEND 11=3' 10'04" R=786.00' L=43.46' ACCESS RIGHTS RELINQUISHED \\\\\\ AS DEDICATED PER MAP NO. 14926 VACATION OF RELINQUISHED xxxxx ACCESS RIGHTS ® EXISTING ACCESS OPENINGPER MAP NO. 14926 P.0.8. POINT OF BEGINNING LOT 3 MAP NO. 14926 �ft I") O> I") � 40.00' ACCES�S � VACATION ° JUNE 5, 2024 DATE i--.. z ...... OWNER: CARLSBAD OAKS NORTH VENTURES LP SITE ADDRESS: WHIPTAIL LOOP, CARLSBAD, CA 92010 ENGINEER: 475 PRODUCTION ST., SAN MARCOS, CA 92078 SPEAR c!c ASSOCIATES, INC. (760) 736-2040 WWW.SPEARINC.NET I \ 100 200 SCALE: 1" = 100' CITY OF CARLSBAD LAND DEVELOPMENT ENGINEERING VACATION OF ACCESS PLAT APN# 209-120-02 FILE # VAC 2023-0001 DATE, 6-5-24 SHEET 1 OF 1 20-195REM,D\rlG Attachment B Aug. 20, 2024 Item #4 Page 6 of 18 00 ...... O"<t" b I ! I I P.O.B. S.E. COR. LOT 3 --- I l----------.----------------t----------7 ,I I I I FARADAY AV WH I P T A I L L O O P CA RI B OU CT E L C AMINO R E A L LA COSTA AV A L G A R D C A R L S B A D B L VAC2023-0001 Exhibit 2 SITE MAP J SITE Map generated on: 6/24/2024 Exhibit 2 Aug. 20, 2024 Item #4 Page 7 of 18 {'City ofCarlsbad October 31, 2022 8Fllt COPY RAUL GUZMAN THE TECH BUILT COMPANIES 3575 KENYON STREET, SUITE 200 SAN DIEGO, CA 92110 SUBJECT: SOP 2021-0016 (DEV2021-0137)-CARLSBAD OAKS NORTH, LOT 3 -Request for approval of a Minor Site Development Plan, SDP 2021-0016, for the development of three (3) light industrial buildings totaling 67,714 square feet. Specifically, a total of 20,000 square feet of office, 40,000 square feet of manufacturing, and 7,714 square feet of warehouse uses are proposed. The subject property is located on the west side of Whiptail Loop and identified as Lot 3 of the Carlsbad Oaks North Specific Plan (SP 211/CT 97-13), in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 16. Dear Mr. Guzman, The City Planner has completed a review of your application for a Minor Site Development Plan, SDP 2021- 0016, located on the west side of Whiptail Loop and identified as Lot 3 of the Carlsbad Oaks North Specific Plan (SP 211/CT 97-13). A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. Comments were received within the ten-day notice period (ending on December 9, 2021) and a request for an Administrative Hearing was filed. On January 11, 2022, the City Planner held an Administrative Hearing to consider said request. Public testimony was given. After careful consideration of the evidence presented at the Administrative Hearing, 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: Site Development Plan, SOP 2021-0016 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 2i.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the project consists of the development of three (3) light industrial office buildings totaling approximately 67,714 square feet (20,000 SF of office, 40,000 SF of manufacturing, and 7,714 SF of warehouse uses). Surface parking for 189 vehicles (188 required} and 21 bicycles will be provided, along with 5,000 square feet of outdoor employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and other ancillary improvements necessary to develop the project on the existing 5.18- acre previously graded site located at Lot 3 of the Carlsbad Oaks North Specific Plan (SP 211). Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov Exhibit 3 Aug. 20, 2024 Item #4 Page 8 of 18 SOP 2021-0016 (DEV2021-0137)-CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 Pa e 2 The proposed office, manufacturing, and warehouse uses are consistent with the Planned Industrial (Pl) General Plan Land Use and the 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 project is located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport. 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 consists of the development of three (3) light industrial buildings (67,714 sq. ft.) for office, manufacturing and warehouse uses, with surface parking for 189 vehicles and 21 bicycles, outdoor (5,000 sq. ft.) employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and other ancillary improvements necessary to develop the project on the existing 5.18-acre previously graded site located at Lot 3 of the Carlsbad Oaks North Specific Plan (SP 211). The project site is surrounded by vacant Planned Industrial (P-M) zoned property to the north and east, and Open Space (OS) zoned property to the south and west. The proposed office, manufacturing, and warehouse 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; and the project is located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport. The project will not adversely impact the site, surroundings, or traffic circulation in that the project complies with all applicable development standards included in SP 211 and the P-M Zone; and the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 392 Average Daily Trips (ADT) generated by the project as previously analyzed in the Carlsbad Oaks North Specific Plan Final Environmental Impact Report (EIR 98-08). 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) Zone (Chapter 21.34 of the Carlsbad Municipal Code) and the Carlsbad Oaks North Specific Plan (Development Standards & Design Guidelines), including setbacks, building coverage, employee eating, landscaping, parking, and height restrictions. 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 three (3) light industrial buildings for office, manufacturing, and warehouse uses, surface parking, employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and other ancillary improvements can all fit within the developable area, and that all applicable development standards of the Planned Industrial (P·M) Zone (Chapter 21.34 of the Carlsbad Municipal Code), including the Carlsbad Oaks North Specific Plan (Development Standards & Design Guidelines), have been met. Parking and loading areas are screened through the combined use of building orientation and landscaping. Adequate vehicle circulation has been provided to accommodate truck turning movements and emergency vehicle access. Access to the site will be provided via a singular driveway on Whiptail Loop. Pedestrian connection to the existing· sidewalk on Whiptail Loop has been provided via a sidewalk near the project entrance. Aug. 20, 2024 Item #4 Page 9 of 18 SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 Pa e 3 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 project, consisting of three (3) light industrial buildings for office, manufacturing, and warehouse uses are consistent with the uses analyzed in the circulation analysis prepared for the Final Environmental Impact Report (EIR 98-08} for the Carlsbad Oaks North Specific Plan (SP 211). The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 392 Average Daily Trips (ADT) generated by the project. General 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 the Carlsbad Oaks North Specific Plan (SP 211), in that office, manufacturing, and warehouse uses are consistent with the Planned Industrial (Pl) General Plan Land Use designation and Planned Industrial (P-M) Zoning for the site; the development project meets all applicable development standards of the P-M Zone and SP 211; all roadways and improvements necessary to serve the development exist, and no additional improvements are required; and the project is located outside the 60 dB(A) CNEL noise contour of the McClellan­ Palomar Airport. 7.That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 16 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A.The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B.The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. C.The Local Facilities Management fee for Zone 16 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. D.A growth management park fee of $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 16. 8.That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). Aug. 20, 2024 Item #4 Page 10 of 18 SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 Pa e4 9.The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan­ Palomar Airport (ALUCP), adopted January 25, 2010, and amended on March 4, 2010, and December 1, 2011, in that neither structure nor any protrusion will exceed a total elevation of 548 feet above mean sea level within the airport influence area, and thus will not create any obstructions of navigable air space. In addition, the project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the property is not located within any noise contours greater than 60 dB(A) CNEL as created by airport operations and that office, manufacturing, and warehouse uses are considered to be compatible uses in Safety Zone 6 without any additional conditions or limitations placed upon them. 10.The City Planner has determined that: a.The project is a subsequent activity of the Carlsbad Oaks North Specific Plan (SP 211), a project for which a program EIR was prepared, and this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)]; and b.This project is consistent with the Specific Plan cited above; and c.The Carlsbad Oaks North Specific Plan Final EIR 98-08 was certified by the City Council on October 8, 2002, in connection with the prior project or plan; and d.The project has no new significant environmental effect not analyzed as significant in the prior EIR; and e.None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and f.All feasible mitigation measures or project alternatives identified in the EIR 98-08, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design, or are required as conditions of approval for this Subsequent Project. 11.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. 12.The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and here.by 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. Aug. 20, 2024 Item #4 Page 11 of 18 SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 Pa e 5 Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 1.Approval is granted for SDP 2012-0016 as shown on Exhibits "A" -"AA" dated October 31, 2022, 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. 3.Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan 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 shall implement, or cause the implementation of, the Carlsbad Oaks North Specific Plan Mitigation Monitoring and Reporting Program (EIR 98-08) and the performance standards of the Carlsbad Oaks North Specific Plan, including but not limited to the following: a.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. Specifically, lighting shall be directed away from open space lots surrounding the industrial lot to the maximum extent feasible. Parking lot lighting adjacent to open space shall utilize low pressure sodium or amber LED luminaires. When warranted (i.e., •adjacent to natural open space), 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. Aug. 20, 2024 Item #4 Page 12 of 18 SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 Pa e 6 7.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, (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. 8.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. ~ 9.This project shall comply with all conditions and mitigation measures which are required as part of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, 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 16. 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.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 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. Aug. 20, 2024 Item #4 Page 13 of 18 SDP 2021-0016 (DEV2021-0137) - CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 Pa e 7 14.Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Pfan 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. 15.The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 16.Developer shall 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. 17.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. 18.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. 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. 21.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. 22.Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Whiptail Loop as shown on the Site Plan. Aug. 20, 2024 Item #4 Page 14 of 18 SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 Pa e 8 Fees/ Agreements 23.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. 24.Developer shall cause property owner to execute and submit to the City Engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 25.Developer shall cause j'.lroperty owner to submit an executed copy to the City Engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 26.Developer shall comply with 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 wrrh city staff regarding submittal of the TDM Plan. Prior to occupancy, the Developer shall submit a Transportation Demand Management Plan to the satisfaction of the City Engineer. Grading 27.Based upon a review of the proposed grading and the grading quantities shown on the site plan, a precise grading perrnit 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 28.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. 29.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. 30.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. Aug. 20, 2024 Item #4 Page 15 of 18 SOP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 Pa e 9 31.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, trash capture BMPs and applicable hydromodification measures. Dedications/Improvements 32.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. 33.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. 34.Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 18.40.060 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: A.Install curb gutter and sidewalk. 8.Install driveway approach. C.Install sewer lateral and remove 12-inch water service from the water main to the property line with trench repair and grind and overlay pavement. D.Plot private backflow devices. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 35.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. 36.The relinquishment of access rights at the proposed driveway opening shall be vacated. Developer shall submit the ;:1ppropriate application and pay the standard fee for plan checking and processing said vacation documents. Aug. 20, 2024 Item #4 Page 16 of 18 SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 Page 10 Utilities 37.The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 38.Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 39.The developer shall agree to install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 40.The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer. Code Reminders: 41.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. 42.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. 43.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 this administrative approval letter and shown on the site plan are for planning purposes only. 44.Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 45.Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 46.The project shall comply with the latest nonresidential disabled access requirei:nents pursuant to Title 24 of the California Building Code. 47.Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 48.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. Aug. 20, 2024 Item #4 Page 17 of 18 SOP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3 October 31, 2022 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 Se_ction 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 $847.00. 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 Jason Goff at {442) 339-2643. Sincerely, CLIFF JONES Principal Planner CJ:JG:JC c: Theodore Tchang, Carlsbad Oaks North Ventures LP, 3575 Kenyon St., Suite 200, San Diego, CA 92110 David Rick, Project Engineer Eric Lardy, City Planner Laserfiche/File Copy Data Entry Aug. 20, 2024 Item #4 Page 18 of 18