HomeMy WebLinkAboutSDP 2019-0014; CARLSBAD OAKS NORTH LOT 2; Admin Decision LetterJune 8, 2020
{'Cityof
Carlsbad
Michael Kalscheur
Suite 100
3405 Highland Drive
Carlsbad, CA 92008
SUBJECT: SDP 2019-0014/CUP 2019-0035 -CARLSBAD OAKS NORTH LOT 2 -Request for approval
of a Minor Site Development Plan and Minor Conditional Use Permit SDP 2019-0014/CUP
2019-0035 for the development of a parking lot, containing 343 parking spaces (319
standard [EV ready], 16 EV, six ADA [EV ready], and two ADA spaces), perimeter
landscaping/screening walls, lighting and improved access entrance on a 7.52-acre,
previously-graded site identified as Lot 2 (APN 209-121-01) of the Carlsbad Oaks North
Specific Plan, SP 211{C), in the Planned Industrial (P-M) Zone and Local Facilities
Management Zone 16.
Dear Mr. Kalscheur,
The City Planner has completed a review of your application for a Minor Site Development Plan SDP 2019-
0014 and Minor Conditional Use Permit CUP 2019-0035 located at the southwest corner of Faraday
Avenue and El Fuerte Street. 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 May 26, 2020). After careful consideration of the circumstances surrounding
this request, the City Planner has made a decision pursuant to Sections 21.06.070 and 21.42.070 of the
City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to
the conditions listed below.
Findings:
Minor Site Development Plan SOP 2019-0014
1. That the proposed development or use is consistent with the general plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code; in that the project consists of the
development of a parking lot, containing 343 parking spaces (319 standard [EV ready), 16 'EV, six
ADA (EV ready], and two ADA spaces}, perimeter landscaping/screening walls, lighting and
improved access entrance on a 7.52-acre, previously-graded site identified as Lot 2 of the Carlsbad
Oaks North Specific Plan, SP 211(C). No development of any building is associated with this project.
The site is across the street from and not adjacent to non-industrial uses. Furthermore, the parking
facility is a conditionally permitted use and does not provide long-term storage. The proposed use
will be a parking facility for nearby product distribution centers; approximately half of the parking
spaces are for employees and their personal vehicles and the remainder are for distribution fleet
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
SDP 2019-0014/CUP 2019-0035 -CARLSBAD OAKS NORTH LOT 2
June 8, 2020
~e2 l~J
vehicles. No vehicle repair will occur on s @1:i'lls: larking facility is for employee vehicle
parking during the day and fleet vehicle overnight parking and, therefore, is consistent with the
Planned Industrial (Pl) General Plan Land Use designation and is a conditionally permitted use
within the Planned Industrial (P-M) zoning designation for the site. All roadways and improvements
necessary to serve the development exist, and no additional improvements are required. The
project is located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport, and
since no buildings are proposed, the project will not interfere with airport operations or cause
obstructions per FAA Part 77.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the parking facility
containing 343 parking spaces has been designed to comply with all applicable development
standards included in the Carlsbad Oaks North Specific Plan and Planned Industrial (P-M) zoning
district, as well as mitigation measures contained in EIR 98-08. The project will not adversely impact
the site, surroundings, or traffic circulation in that the existing surrounding streets, which are fully
improved, have capacity to accommodate the 952 Average Daily Trips (ADTs) generated by the
project through implementation of a Transportation Demand Management Plan. In addition, the
internal traffic circulation complies with Fire Department and Land Development Engineering
requirements. As conditioned, the project will comply with the Carlsbad Oaks North Specific Plan -
-regulations on use of hazardous materials and prohibition on outdoor storage of any materials
onsite other than vehicles. Lastly, the onsite fleet and passenger vehicles shall be effectively
screened by the construction of a six-foot masonry wall along most visible areas from the street,
alongside mature and proposed landscaping, which will diminish daytime views of parked vehicles,
and soften/filter potential glare from headlights shining toward the planned assisted living facility
on the north side of Faraday Avenue.
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 requirements of the Carlsbad Oaks North Specific Plan's
Development Standards and Design Guidelines and the Planned Industrial (P-M) zoning district
{Chapter 21.34 of the Carlsbad Municipal Code) for conditionally permitted uses, including setbacks,
landscaping, parking, and buffering.
4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that the proposed parking facility containing 343
parking spaces, with no associated development of a building, and with perimeter landscape,
drainage facilities and other ancillary improvements fit within the developable area. All applicable
requirements of the Carlsbad Oaks North Specific Plan Development Standards and Design
Guidelines and the Planned Industrial (P-M) zoning district have been met, as conditioned.
Adequate vehicle circulation is provided to accommodate safe vehicle turning movements and
emergency vehicle access. Access to the site will be provided via a driveway located on El Fuerte
Street. A pedestrian connection to the existing sidewalk on El Fuerte Street will be provided via a
sidewalk along the southe·ast side of the driveway. lastly, the onsite fleet and passenger vehicles
shall be effectively screened by the construction of a six-foot masonry wall along most visible areas
from the street, alongside mature and proposed landscaping.
SOP 2019-0014/CUP 2019-0035-CARLSBAD OAKS NORTH LOT 2
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5. That the street system serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use; in that proposed light industrial 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. The. existing surrounding streets, which are fully
improved, have adequate capacity to accommodate the 952 ADTs generated by the project.
6. That the City Planner finds that the· project, as conditioned herein, is in conformance with the
Elements of the city's General Plan and the Carlsbad Oaks North Specific Plan, in that the proposed
parking facility use, as conditioned, is consistent with the Planned Industrial (Pl) General Plan Land
Use and Planned lndustria.I (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 dB(A) CNEL noise contour and will not interfere with operations of
the McClellan-Palomar Airport.
Conditional Use Permit CUP 2019-0035
7. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the general plan, including, if applicable, the
certified local coastal program, specific plan or master plan in that the project consists of the
development of a parking lot, containing 343 parking spaces (319 standard [EV ready), 16 EV, six
ADA [EV ready), and two ADA on a 7.52-acre, previously-,graded site identified as Lot 2 of the
Carlsbad Oaks North Specific Plan, SP 211(C). No development of any structure is associated with
this project. The proposed use will be a parking facility for nearby distribution centers,
approximately half of the parking spaces are for employees and their private vehicles and the
remainder for the fleet vehicles. The use is necessary and desirable for the community because it
will provide an efficient means of service to local businesses and residential areas that depend on
the services provided by the use. The parking facility vehicle parking is a conditionally permitted
use with the Planned Industrial (P1) General Plan Land Use designation and the Planned Industrial
(P-M) zoning designation for the site.
8. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone
in which the proposed use is to be located in that the site identified as Lot 2 of the Carlsbad Oaks
North Specific Plan, SP 211(C) implements the development standards of the Planned Industrial (P·
M) Zone that allow for office uses, manufacturing, research and development and other
conditionally-permitted uses, including a parking facility with no long-term storage. The proposed
parking facility Is consistent with other types and intensity of uses allowed in the P-M zone. The·
project is located outside the 60 dB(A) CNEL noise contour and Is located within Safety Zone 4 of
the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). Pursuant to ALUCP Table 111-2
(Pgs. 3-45 through 3-52), the use is considered compatible within Safety Zone 4 The use is subject
to-and will be required to comply with the performance standards listed in the Carlsbad Oaks North
Specific Plan, SP 211(C) and Carlsbad Municipal Code Sections 21.34.090 and 21.42.140{8)(17) which
address noise, odors, vibration, glare, air quality and outdoor storage.
9. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner in order to integrate
the use with other uses in the neighborhood in that the site also indudes existing onsite landscaping·
and onsite stormwater drainage and requires no additional amenities. The project design will screen
SDP 2019-0014/CUP 2019-0035 -CARLSBAD OAKS NORTH LOT 2
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the site from both Faraday Avenue and El Fuerte Street through perimeter landscaping added to
the existing mature landscaping. A proposed stone-clad wall will bolster the landscape's screening
effect and will be located In the site's most visible areas adjacent to streets. Lastly, all applicable
requirements of the Carlsbad· Oaks North Specific Plan Development Standards and Design
Guidelines and the Planned Industrial (P-M) zoning district have been met, as conditioned.
Adequate vehicle circulation has been provided to accommodate safe vehicle turning movements
and emergency vehicle access. Access to the site will be provided via a driveway located on El
Fuerte Street, not on Faraday Avenue. A pedestrian connection to the existing sidewalk on El Fuerte
Street will be provided via a sidewalk along the northwesterly side of the driveway.
10. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use in that the project is located on the corner of Faraday Avenue and El Fuerte
Street. Access to the site will be provided from El Fuerte Street, an Industrial street, which is
accessed from Palomar Airport Road and Faraday Avenue and is currently operating at an
acceptable level of service.
General
11. 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 Pubtic 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.
12. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
13. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), adopted January 25, 2010 and amended March 4, 2010, in that neither the
parking facility nor vehicles parking in the facility 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
SDP 2019-0014/CUP 2019-0035 -CARLSBAD OAKS NORTH LOT 2
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ALUCP in that the property is not located within any noise contours greater than 60 db(A) CNEL
The project is located entirely within the boundary of Safety Zone 4 of the ALUCP Safety
Compatibility Map, which conditionally permits a parking facility use. Safety Zone 4 also has no
intensity restrictions that would affect the use.
14. That the request for a Minor Site Development Plan and Minor Conditional Use Permit was adequately
noticed at least ten (10) calendar days before the date of this_ decision pursuant to Section 21.54.060
of the Carlsbad Municipal Code.
15. The City Planner has determined that:
a. The project is a subsequent activity of the carlsbad Oaks North Specific Plan, SP 211(C), 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 sig_nificant 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.
16. 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 otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
building permit.
1. Approval is granted for SDP 2019-0014/CUP 2019-0035 as shown on Exhibits "A" -"K" dated June 8,
2020 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
SOP 2019-0014/CUP 2019-0035 -CARLSBAD OAKS NORTH LOT 2
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further condition issuance of all future building permits; deny, revoke·, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the city's approval of this Minor Site Development Plan and Minor
Conditional Use Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan and Minor Conditional Use Permit documents, as
necessary to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition is
determined to be invalid, this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
6. Developer/Operator shall implement, or cause the implementation of, the Carlsbad Oaks North
Specific Plan Mitigation Monitoring and Reporting Program (EIR 98-08) and the performance
standards of the Carlsbad Oaks North Specific Plan (page 111-29) and Carlsbad Municipal Code
Sections 21.34.090 and 21.42.140(0)(17).
7. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking
areas. All outdoor lighting shall be designed to reflect downward and avoid any impacts on adjacent
property. Specifically, lighting shall be directed away from open space lots surrounding the site and
the planned commercial living facility to the north to the maximum extent feasible. Energy efficient
parking lot lights shall be required. When warranted, the lights should be used in conjunction with
cut-off shields {fully shielded/full cutoff lighting). Such shields shall eliminate the horizontal and
upward projection of light and direct the light downward, eliminating excess Illumination.
8. Developer/Operator shalt and does hereby agree to indemnify, protect, defend,-and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the city arising, directly or indirectly, from (a} City's approval and issuance
of this Minor Site Development Plan and Minor Conditional Use Permit, (b} City's approval or
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.
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9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
10. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 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.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
'12. Building permits will not be issued for this project unless the local agency providing water and sewer
services to the project provides written certification to the city that adequate water service and sewer
facilities, respectively, are available to the project at the time of the application for the building
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
13. Prior to the issuance of the grading permit, Developer shall submit to the city a Notice of Restriction
to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying
all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site
Development Plan and Minor Conditional Us~ Permit on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of
. Restriction. The City Planner has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer or successor
in interest.
14. Prior to issuance of a grading permit, Developer shall submit and obtain City Planner approval of a
Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape
Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans, subject to necessary corrections noted on the
Preliminary Landscape Plans. All landscaping shall be maintained in a healthy and thriving condition,.
free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck
process on file in the Planning Division and accompanied by the project's building, improvement, and
grading plans.
16. No outdoor storage of materials shall 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.
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17. 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.
18. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Site Plan), conceptual
grading plan and preliminary utility plan reflecting the conditions approved by the final decision
making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable,
signed by the city's project planner and Project Engineer. If no changes were required by these
conditions, the approved exhibits shall fulfill this condition.
19. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad School District that this project has satisfied its obligation to provide school
facilities.
20. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
21. This approval for Minor Site Development Plan and Minor Conditional Use Permit SOP 2019-
0014/CUP 2019-0035 is granted for a period of ten (10) years from June 8, 2020 through June 8, 2030.
This permit may be revoked at any time after a public hearing, if it is found that the use has a
substantial detrimental effect on surrounding land uses and the public's health and welfare, or the
conditions imposed herein have not been met. This permit may be extended for a reasonable period
of time not to exceed ten (10) years, unless determined otherwise by the decision-maker per Carlsbad
Municipal Code Section 21.42.110, upon written application of the permittee made no less than 90
days prior to the expiration date. The City Planner may not grant such extension, unless it finds that
there are no substantial negative effects on surrounding land uses or the public's health and welfare.
If a substantial negative effect on surrounding land uses or the public's health and welfare is found,
the extension shall be denied or granted with conditions which will eliminate or substantially reduce
such effects. There is no limit to the number of extensions the City Planner may grant.
22. No auto repair, servicing, vehicle washing or other activity not strictly consistent with a parking
facility and consistent with the Carlsbad Oaks Specific Plan as determined by the City Planner is
allowed onsite.
Engineering:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a·
grading permit.
General
23. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the city engineer for the proposed haul
route.
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24. 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.
25. 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.
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.
29. 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.
30. Developer shall comply with the Transportation Demand Management ordinance per Carlsbad
Municipal Code section 18.51 and Mobility Element policy 3-P .11. Prior to grading or building permit
issuance, the Developer shall submit a Tier 3 Transportation Demand Management Plan to the
satisfaction of the city engineer.
31. The developer shall install the following transportation demand management infrastructure
measures, in accordance with the project Transportation Demand Management Plan, to the
satisfaction of the City Engineer:
a) Secure Bike Parking (4 bike boxes).
b) Transit Shelter (1 ea.).
c) Car/vanpool spaces (4 ea.).
d) Passenger loading zone (1 ea.}.
Grading
32. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports as required by city engineer, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
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Storm Water Quality
33. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, 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 ofthe above requirements.
34. 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.
35. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and
process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to
comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this
condition shall be reviewed and approved by the city engineer with final grading plans. Developer
shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule.
36. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP
and applicable hydromodification measures.
Dedications/Improvements
37. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement
for public water purposes as shown on the site plan. The offer shall be made by a separate recorded
document. All land so offered shall be free and clear of all liens and encumbrances and without cost
to the city. Streets that are already public are not required to be rededicated. Additional easements
may be required at final design to the satisfaction of the city engineer.
38. 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. 0 shall pay the standard improvement plan check and inspection fees for
private drainage systems.
39. Prior to issuance of a grading permit, proof of vacation of an existing Buena Sanitation District
easement as noted on the site plan shall be submitted to the city engineer. If the easement is not
quitclaimed, then the developer shall submit written proof from Buena Sanitation District that the
proposed improvements within the easement are acceptable.
40. Developer shall design all proposed public improvements including but not limited to (pedestrian
ramps, driveways, sidewalk, water services/meters, etc.) as shown on the site plan. These
improvements shall be shown on one of the following, subject to city engineer approval:
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Page 11
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in
accordance with the city's current fee schedule. Developer shall execute a city standard
Subdivision Improvement Agreement to install said Improvements and shall post security
in accordance with C.M.C. Section 20.16.070. Developer shall apply for and obtain a right-
of-way permit prior to performing work in the city right-of-way.
41. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck .access through
the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final
structural pavement design of the aisle ways shall be submitted together with required R-value soil
test information subject to the review and approval of the city engineer ..
Utilities
42. 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.
43. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance, access
and/or joint utility purposes.
44. 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.
45. 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.
46. 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:
47. 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.
48. 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.
49. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
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SDP 2019-0014/CUP 2019-0035 -CARLSBAD OAKS NORTH LOT 2
June 8, 2020
Page 12
SO. 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.
51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
SDP 2019-0014/CUP 2019-0035 -CARLSBAD OAKS NORTH LOT 2
June 8, 2020
Page 13
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and
file the protest and any other required information with the City Manager for processing in accordance
with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.·
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact Paul Dan at paul.dan@carlsbadca.gov
Sincerely,
fe_,-~-
TERI DELCAMP
Principal Planner
TD:PD:mf
c: Allison Mclaughlin, Project Engineer
Don Neu, City Planner
HPRM/File Copy
Data Entry