HomeMy WebLinkAboutSDP 2021-0003; RACEWAY INDUSTRIAL; Admin Decision LetterFILE
("Cityof
Carlstiad
November 3, 2021 r'<\C,,t,'il~d ~ 1i/4/2l
Benton Swift
Hines
600 W. Broadway #1150
San Diego, CA 92101
SUBJECT:
Dear Mr. Swift,
SDP 2021-0003/HDP 2021-0001/MS 2021-0003 -RACEWAY INDUSTRIAL -Request for
approval of a Minor Site Development Plan, Minor Hillside Development Permit, and
Tentative Parcel Map (SDP 2021-0003/HDP 2021-0001/MS 2021-0003) to allow the
development of an industrial shell building totaling 251,687 square feet which includes
4,000 square feet of mezzanine area. Future uses are anticipated to include warehousing,
manufacturing, and associated offices. The subject 19.34-acre property is located on the
south side of Lionshead Avenue between Melrose Drive and Eagle Drive. The property is
identified as Lots 1-4 of Carlsbad Tract CT 98-10, within the Carlsbad Raceway Specific
Plan (SP 2018-0001), in the Planned Industrial (P-M) Zone, and Local Facilities
Management Zone 18. APN's: 221-880-01-00, 221-880-02-00, 221-880-03-00, 221-880-
04-00.
The City Planner has completed a review of your application for a Minor Site Development Plan, Minor
Hillside Development Permit, and Tentative Parcel Map (SDP 2021-0003/HDP 2021-0001/MS 2021-0003)
for Lots 1-4 of Carlsbad Tract CT 98-10. 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 April 26, 2021) and a request for an Administrative Hearing was filed.
On June 15, 2021, the City Planner held an Administrative Hearing to consider said request. Public
testimony was given regarding potential traffic and the city's methods for evaluating project traffic. 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:
SDP 2021-0003
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
construction of a new industrial shell building (251,687 s.f.) with surface parking for 290 vehicles,
outdoor employee eating areas (14,818 s.f.), perimeter and parking lot landscape, retaining walls,
drainage facilities and other ancillary improvements necessary to improve the project site located
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
SOP 2021-0003/HDP 2021-0001/MS 2021-0003 -RACEWAY INDUSTRIAL
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on the south side of Lionshead Avenu~-¼,_ -10). The project site is surrounded by
existing industrial/office buildings and immediately bor ered by Eagle Drive to the east, Melrose
Drive to the west, Lionshead Avenue to the north and Industrial buildings to the south. The
warehouse, manufacturing, and office uses are consistent with the Carlsbad Raceway Specific Plan
(SP 2018-0001) and the Planned Industrial (Pl) General Plan Land Use and 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 building 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 the Carlsbad Raceway Specific Plan and the Planned Industrial
(P-M) Zone. The existing surrounding streets, which are fully improved, have adequate capacity to
accommodate the 1,450 Average Daily Trips (ADT) generated by the project.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be det~imental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the project complies with
all development standards of the Carlsbad Raceway Specific Plan and the Planned Industrial (P-M)
Zone including setbacks, building coverage, employee eating, landscaping, parking, and height
restrictions.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the industrial building, 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 all applicable development standards of the Carlsbad Raceway Specific
Plan and the Planned Industrial (P-M) Zone have been met. Loading areas have been screened
through building orientation. Adequate vehicle circulation has been provided to accommodate
safety and truck turning movements. Access to the site will be provided via a driveway from
Lionshead Avenue and a driveway from Eagle Drive. Pedestrian connection to the existing sidewalks
on Lionshead Avenue and Eagle Drive has been provided via a sidewalk along each driveway.
4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that the proposed industrial building, surface
parking, employee eating areas, and other necessary improvements can fit within the developable
area of the lot and all applicable development standards have been met. Proposed landscaping and
existing slopes will help screen the parking areas. Adequate vehicle circulation has been provided
to accommodate safety and truck turning movements. Access to the site will be provided by a
driveway from lionshead Avenue and a driveway from Eagle Drive.
5. That the street system serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use; in that the proposed use is consistent with the use analyzed
in the circulation analysis prepared for Mitigated Negative Declaration GPA 98-05/ZC 01-07/CT 98-
10/HDP 98-09/PIP 01-01 for the Carlsbad Raceway Business Park subdivision. Furthermore, the
existing surrounding streets, which are fully improved, have adequate capacity to accommodate
the 1,450 Average Daily Trips (ADT) generated by the project.
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HOP 2021-0001
6. · Hillside conditions have been properly identified on the constraints map which show existing
and proposed conditions and slope percentages.
7. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the
constraints map.
8. The areas of the project, i.e. slopes over 40%, have been properly identified on the constraints
map.
9. The proposed grading and development will not occur in the undevelopable portions of the site.
10. The grading design minimizes disturbance of hillside lands in that walls into hillside slopes are
located at the base of the slope at the rear of the property and screened from view by the
proposed building.
11. The project design substantially conforms to the intent of the concept illustrated in the Hillside
Development Guidelines Manual.
MS 2021-0003
12. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the Gene.ral Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act,
and will not cause serious public health problems, in that a Tentative Parcel Map is being
processed in lieu of an adjustment plat to consolidate the four existing lots into one,
developable lot. The newly consolidated lot meets all applicable standards of the Carlsbad
Raceway Specific Plan and the P-M Zone.
13. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for Planned Industrial development on.the General Plan, in that the
warehouse, manufacturing and office project complies with all development standards of the
Carlsbad Raceway Specific Plan and the Planned Industrial (P-M) Zone including setbacks,
building coverage, employee eating, landscaping, parking, and height restrictions.
14. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
15. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
16. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the project site has been previously graded and is surrounded by existing development.
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17. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project will adhere to the city's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion.
General
18. The City Planner has determined that:
a. this project is a project for which a Mitigated Negative Declaration was previously
adopted [15162];
b. this project is consistent with the project cited above;
c. the Mitigated Negative Declaration GPA 98-05/ZC 01-07 /CT 98-10/HDP 98-09/PIP 01-01
-Carlsbad Raceway Business Park was adopted in connection with the prior project or
plan;
d. the project has no new significant environmental effect not analyzed as significant in the
prior Mitigated Negative Declaration; and
e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration or a
Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist.
19. The City Planner finds that the project, as conditioned herein, is in conformance with the
Elements of the City's General Plan and the Carlsbad Raceway Business Park subdivision in that
the proposed development consists of an industrial building which is consistent with the
Carlsbad Raceway Specific Plan {SP 2018-0001) and the Planned Industrial {P-M) Zone which
implements the Planned Industrial {Pl) General Plan Land Use Designation applied to the
property. The project is also consistent with the city's Climate Action Plan, as conditioned.
20. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 18 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Vista Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
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d. The Local Facilities Management fee for Zone 18 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
e. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This fee will be
used to construct recreational facilities to offset demand created by employees within
Local Facilities Management Zone 18.
21. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
22. 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 parcel map, building
permit or grading permit issuance, whichever comes first.
1. Approvalis granted for SDP 16-19 as shown on Exhibits "A" -"XX" dated November 3, 2021 on file in
the Planning Division and. incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to b~ 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, Minor Hillside Development
Permit, and Tentative Parcel Map.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan, Minor Hillside Development Permit, and
Tentative Parcel Map 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, substantially 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
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d_etermined 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 Raceway Business Park
Project Mitigation Monitoring and Reporting Program {GPA 98-05/ZC 01-07 /CT 98-10/HDP 98-09/PIP
01-01).
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, Minor Hillside Development Permit, and Tentative Parcel Map,
(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 Vista 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 18 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
10. 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.
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. 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.
13. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction
to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying
all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site
Development Plan, Minor Hillside Development Permit, and Tentative Parcel Map 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.
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14. 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.
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. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking
areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes
or property.
17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry
wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105.
Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors
and/or materials to the project to the satisfaction of the City Planner.
18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an
Outdoor Storage Plan, and thereafter comply with the approved plan.
Engineering:
General
19. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the city engineer for the proposed haul
route.
20. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property, unless the district engineer has determined that adequate
water and sewer facilities are available at the time of permit issuance and will continue to be available
until time of occupancy.
21. 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.
22. Developer shall prepare, submit and process for city engineer approval a parcel map to consolidate
lots 1 through 4 of Map No. 15013. There shall be one Parcel Map recorded for this project. Developer
shall pay the city stan'dard map review plan check fees.
23. 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.
24. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and
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irrigation along the parkway frontage of the subject property with Melrose Drive, Lionshead Avenue
and Eagle Drive as shown on the Tentative Map/Site Plan.
Fees/ Agreements
25. 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.
26. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
27. 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.
28. Developer shall implement Transportation Demand Management strategies per the city's Mobility
Element policy 3-P.11 and Carlsbad Municipal Code section 18.51. The Transportation Demand
Management (TOM) Plan prepared during discretionary review is preliminary and shall be
resubmitted and approved prior to occupancy. Prior to building permit issuance, the Developer shall
have a consultation with city staff regarding submittal of the TOM Plan. Prior to occupancy, the
Developer shall submit a Tier 3 Transportation Demand Management Plan to the satisfaction of the
City Engineer. .
29. Prior to occupancy, the developer shall install transportation demand management infrastructure
measures, in accordance with the project's Transportation Demand Management Plan, as shown
on the site plan, including but not limited to the following, to the satisfaction of the City Engineer:
a. Secure bike parking
b. Public bike parking
c. Bicycle repair station
d. Carpool/vanpool parking spaces
Grading
30. Based upon a review of the proposed grading arid 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.
31. Concurrent with the grading plans, Developer shall include structural plans for any proposed non-
standard retaining walls as part of the grading plans to the satisfaction of the city engineer. Structural
calculations by a structural engineer shall be required for any non-standard retaining walls and shall
be submitted for review and approval by the city engineer. Developer shall pay all deposits necessary
to cover any third-party review.
Storm Water Quality
32. 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
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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.
33. 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.
34. The project is subject to 'Priority Development Project' 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.
35. 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
36. Developer shall design the private drainage systems, as shown on the tentative map 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.
37. 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.
38. Developer shall prepare and process public improvement plans and, prior to city engineer approval of
said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 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. Remove two existing driveways and install curb, gutter and sidewalk
b. Expand two of the existing driveways
c. Connect to existing potable water service with new water meter and backflow
preventer
d. Install 12" fire service and double detector check valve (DDCV)
e. Remove existing sewer and water laterals that will not be utilized
f. Construct new sewer and water laterals
g. Reconstruct existing ADA curb ramps fronting the property to meet ADA standards
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
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agreement.
39. 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.
Non-Mapping Notes
40. Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
i. Remove two existing driveways and install curb, gutter and sidewalk
ii. Expand two of the existing driveways
iii. Connect to existing potable water service with new water meter and backflow
preventer
iv. Install 12" fire service and double detector check valve (DDCV)
v. Remove existing sewer and water laterals that will not be utilized
vi. Construct new sewer and water laterals
vii. Reconstruct existing ADA curb ramps fronting the property to meet ADA
standards
b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
c. Geotechnical Caution:
i. Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
ii. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
d. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
e. The owner of this property on behalf of itself and all of its successors in jnterest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise
through any diversion of waters, the alteration of the normal flow of surface waters or
drainage, or the concentration of surface waters or drainage from the drainage system or
other improvements identified in the city approved development plans; or by the design,
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Utilities
construction or maintenance of the drainage system or other improvements identified in
the city approved development plans.
41. 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. Fire hydrants, if proposed,
shall be considered private improvements and shall be served by private water mains to the
satisfaction of the district engineer.
42. 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. ·
43. 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.
44. 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.
45. 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:
46. 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.
47. Developer shall pay planned loq:11 area drainage fees in accordance with Section 15.08.020 of the City
of Carlsbad Municipal Code to the satisfaction of the city engineer.
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 tentative map are for planning purposes only.
49. 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.
SO. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
51. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
52. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
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24 of the California Building Code.
53. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320.
54. 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.
SOP 2021-0003/HDP 2021-0001/MS 2021-0003 -RACEWAY INDUSTRIAL
November 3, 2021
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 $786.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact Jessica Evans at (760) 602-4631.
Sincerely,
Cl~
DON NEU
City Planner
DN:JE:cf
c: Steve Linke, splinke@gmail.com
Emad Elias, Project Engineer
Laserfische/File Copy
Data Entry