HomeMy WebLinkAbout2023-05-16; City Council; Resolution 2023-130RESOLUTION NO. 2023-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING AN APPEAL AND UPHOLDING A DECISION OF THE
PLANNING COMMISSION TO APPROVE A SITE DEVELOPMENT PLAN FOR THE
DEVELOPMENT OF A 164,833-SQUARE-FOOT, 48-FOOT-TALL RESEARCH
AND DEVELOPMENT BUILDING, A 21-FOOT-TALL, THREE-LEVEL PARKING
STRUCTURE AND A PEDESTRIAN BRIDGE ACROSS WHIPTAIL LOOP FOR IONIS
PHARMACEUTICALS, LOCATED ON A 8.37-ACRE VACANT SITE, ON THE
NORTH SIDE OF WHIPTAIL LOOP, COMPRISING LOTS 21 AND 22 (ASSESSOR
PARCEL NUMBERS 209-120-23-00 AND 209-120-24-00 AND WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 16) OF THE CARLSBAD OAKS NORTH
SPECIFIC PLAN, SP 211(()
WHEREAS, the City Council of the City of Carlsbad, California has determined that IONIS
Pharmaceuticals, Inc., "Applicant/Owner," has filed a verified application with the City of Carlsbad
described as:
LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS
NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, AS SHOWN ON MAP THEREOF NO. 16145, RECORDED AS
DOCUMENT NO. 2016-7000438, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan as shown
on Exhibit(s) "A" -"Ill" dated March 1, 2023, on file in the Planning Division, SDP 2021-0029 (DEV2021-
0141) -IONIS LOTS 21 & 22, as provided by Chapters 21.06, 21.34, 21.44 and Title 20 of the Carlsbad
Municipal Code and the Carlsbad Oaks North Specific Plan SP 211((); and
WHEREAS, the Planning Commission did, on March 1, 2023, hold a duly noticed public hearing
as prescribed by law to consider the applicant's request and adopted Planning Commission Resolution
7472;and
WHEREAS, at said hearing the Planning Commission voted 4-0, with two Commissioners Absent
and one vacancy, to approve the site development plan application for the project; and
WHEREAS, on March 13, 2023, the appellant, Lozeau Drury, LLP on behalf of the Supporters
Alliance for Environmental Responsibility, timely filed an appeal with the city as provided in accordance
with Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, Program Environmental Impact Report EIR 98-08, State Clearinghouse No.
2000051057 (Planning Case Nos. EIR 98-08/GPA 97-05/ZC 97-05/SP 211/LFMP 89-16(A)/CT 97-13/HDP
97-10/PIP 02-02/SUP 97-07), was prepared and the City Council certified it on Oct. 8, 2002, for the
Carlsbad Oaks North Specific Plan SP 211; and
WHEREAS, Pursuant to the California Environmental Quality Act, (CEOA, Public Resources Code
section 21000 et. seq.), and its implementing regulations (the CEOA Guidelines), sections 15162
through 15164 set forth the criteria for determining the appropriate additional environmental
documentation, if any, to be completed when there is a previously-certified environmental impact
report (EIR) covering the project for which a subsequent discretionary action is required; and
WHEREAS, there is no "new information of substantial importance" in keeping with CEOA
Guidelines Section 15162(a)(3), and the potential environmental effects of the project were adequately
analyzed by the previously-certified Program Environmental Impact Report EIR 98-08 for the Carlsbad
Oaks North Specific Plan SP 211 (City Council Resolution No. 2002-298), Therefore, the previously
certified EIR is adequate without modification and no additional environmental review is required; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
the appeal of the Planning Commission's decision to approve the project's site development plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the appeal.
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 the appeal of the Planning Commission's decision is denied, that all other matters
not specified in the appeal have been supported by substantial evidence with findings
and approved by the Planning Commission, and that the findings and conditions
contained in Planning Commission No. 7472 on file in the Office of the City Clerk and
incorporated herein by reference and as "Attachment A", are the findings and
conditions of the City Council.
3.That this action is the final the date this resolution is adopted by the City Council. The
provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16th day of May, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
L,sHERRY �erk �--
(
SEAL)
l
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN FOR
THE DEVELOPMENT OF A 164,833-SQUARE-FOOT, 48-FOOT-TALL
RESEARCH AND DEVELOPMENT BUILDING, A 21-FOOT-TALL, THREE-
LEVEL PARKING STRUCTURE AND A PEDESTRIAN BRIDGE ACROSS
WHIPTAIL LOOP. THE VACANT 8.37-ACRE SITE COMPRISES LOTS 21 AND
22 OF THE CARLSBAD OAKS NORTH SPECIFIC PLAN SP 211(C), ON THE
NORTH SIDE OF WHIPTAIL LOOP, ASSESSOR PARCEL NUMBERS 209-120-
23-00 AND 209-120-24-00 AND WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 16.
CASE NAME: IONIS LOTS 21 & 22
CASE NO: SDP 2021-0029 (DEV2021-0141)
WHEREAS, IONIS Pharmaceuticals, Inc., “Applicant/Owner,” has filed a verified
application with the City of Carlsbad described as
LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS
NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN ON MAP THEREOF NO. 16145,
RECORDED AS DOCUMENT NO. 2016-7000438, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan as
shown on Exhibit(s) “A” – “III” dated March 1, 2023, on file in the Planning Division, SDP 2021-0029
(DEV2021-0141) – IONIS LOTS 21 & 22, as provided by Chapters 21.06, 21.34, 21.44 and Title 20 of the
Carlsbad Municipal Code and the Carlsbad Oaks North Specific Plan SP 211(C); and
WHEREAS, the Planning Commission did, on March 1, 2023, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Site Development Plan;
WHEREAS, a Program Environmental Impact Report EIR 98-08, State Clearinghouse No.
2000051057 (Planning Case Nos. EIR 98-08/GPA 97-05/ZC 97-05/SP 211/LFMP 89-16(A)/CT 97-13/HDP
PLANNING COMMISSION RESOLUTION NO. 7472
Exhibit 1
Attachment A
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97-10/PIP 02-02/SUP 97-07), was prepared and the City Council certified it on Oct. 8, 2002, for the
Carlsbad Oaks North Specific Plan SP 211; and
WHEREAS, Pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code
section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Sections 15162
through 15164 set forth the criteria for determining the appropriate additional environmental
documentation, if any, to be completed when there is a previously-certified environmental impact report
(EIR) covering the project for which a subsequent discretionary action is required; and
WHEREAS, there is no "new information of substantial importance" pursuant to CEQA Guidelines
Section 15162(a)(3), and the potential environmental effects of the project were adequately analyzed by
the previously-certified PROGRAM ENVIRONMENTAL IMPACT REPORT EIR 98-08 for the CARLSBAD OAKS
NORTH SPECIFIC PLAN SP 211 (City Council Resolution No. 2002-298), Therefore, the previously-certified
EIR is adequate without modification and no additional environmental review is required; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)That the foregoing recitations are true and correct.
B)That based on the evidence presented at the public hearing, the Commission APPROVES
of SDP 2021-0029 (DEV2021-0141) – IONIS LOTS 21 & 22, based on the following findings
and subject to the following conditions:
Findings:
Site Development Plan, SDP 2021-0029
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 proposal
to construct a 48-foot-tall, three-story, 164,833-square-foot biomedical research and
development building (R&D) and a 21-foot-tall, three-level parking structure on a vacant
8.37-acre site on the north side of Whiptail Loop (APNs 209-120-23 and 209-120-24), is
consistent with the General Plan, Oaks North Specific Plan 211(C), as well as Titles 20 and
21 of the Carlsbad Municipal Code (CMC). Specifically, the biomedical R&D building is a
permitted use pursuant to SP 211(C) and the project complies with public facilities, access,
setbacks, height, employee eating areas, wall heights, parking requirements and the
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architectural guidelines. As the proposed R&D building is proposed to be developed on two
lots, the project is conditioned to consolidate Lots 21 and 22 of Map No. 16145 into one lot,
consistent with CMC Title 20.
Pursuant to CMC Section 21.34.070.A.2(b),the increase in building height from 35 to 48 feet can
be supported as the setbacks have been increased at a ratio of one horizontal foot for every
one foot of vertical construction beyond 35 feet (i.e., an increased setback of 13 feet).
Consistent with CMC Section 21.34.070.A.2(b), the increased setback area is landscaped. In
addition, the 48-foot-tall building will not adversely affect the surrounding properties and will
not be unduly disproportional to other buildings in the area.
Pursuant to CMC Section 21.44.020, a total of 549 spaces are required based on a parking ratio
of one parking space per 300 square feet of building area. Pursuant to a Parking Study prepared
by Urban Systems for the project (February 2023), a minimum of 217 parking spaces are
recommended based on a parking ratio of 1.316 parking space per 1,000 square feet of building
area. The details of the request include the added provision of 426 total parking spaces, which
exceeds the recommendations of the February 2023 Parking Study. The City Planner, through
the authority granted by CMC Section 21.44.040 (B) has reviewed the study from the qualified
traffic engineer and has determined that a reduction is justified based on hourly parking
demand. Due to the special conditions referred to in the February 2023 Parking Study, and
considering the availability, if any, of public transportation within convenient walking distance,
the reduced amount of parking will be adequate for the activities served, and that the reduction
will not contribute to traffic congestion, circulation problems, traffic safety, or impair the
efficiency of on-street parking. Peak parking demand does not occur frequently enough to
justify building more parking.
In addition, all roadways necessary to serve the development exist and only minor
modifications are needed to the existing frontage improvements along the Whiptail Loop to
provide access to the development. Furthermore, the proposed pedestrian bridge across
Whiptail Loop complies with the minimum Engineering and Fire Department standards and will
provide safe and efficient access between the IONIS campus properties.
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 Carlsbad Oaks North Specific Plan SP 211(C) was approved to be developed with a 414-acre
light industrial park. SP 211(C) identified 23 industrial lots, three open space lots, and one lot
for an employee picnic area that would serve the industrial business park. The project consists
of the construction of a 48-foot-tall, three-story, 164,833-square-foot biomedical R&D building
and a 21-foot-tall, three-level parking structure on Lots 21 and 22 of SP 211(C). The project site
is 8.37 acres and located on the north side of Whiptail Loop.
The site is bordered by light industrial buildings south, east and west and open space to the
north. The proposed 164,833-square-foot R&D building and three-level parking structure is
compatible with the surrounding similar land uses. Specifically, the R&D building is terraced to
follow the existing step in topography between Lots 21 and 22 of SP 211(C) and the proposed
colors, materials and architectural features are well-coordinated with the exiting IONIS
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buildings to the south, complementary to the site and its surroundings and would enhance the
appearance of the surrounding light industrial park. The parking structure will be partially
screened with a berm as viewed from the open space parcel to the north and a green screen
will further soften the views. No evidence has been submitted or discovered that would suggest
that the proposed project would cause any material depreciation in appearance or detriment
in value to the surrounding neighborhood. In addition, the proposed project will not adversely
impact the site, surroundings, or traffic circulation in that the existing surrounding streets have
adequate capacity to accommodate the 1,319 Average Daily Trips (ADT) generated by the
project. The project complies with all minimum development standards pursuant to SP 211(C),
in that the setbacks have been increased 13 feet to accommodate the additional building height
and the Parking Analysis prepared by Urban Systems (February 2023) provides the evidence to
support the applicant’s request to reduce the required number of parking stalls onsite from 549
to 426 spaces.
3.That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the lots were approved as part of a 23-lot light industrial subdivision pursuant
to SP 211(C) and the project is consistent with the Carlsbad Oaks North Specific Plan’s
Development Standards and Design Guidelines and the Planned Industrial (P-M) Zone.
Adequate onsite circulation is provided with the proposed two (2) driveway off Whiptail Loop.
The biomedical R&D building complies with the development standards pursuant to SP 211(C)
and CMC Chapter 21.34 in that the setbacks have been increased to accommodate the
additional building height and a Parking Analysis (Urban Systems, February 2023) has been
submitted to support the request to reduce the minimum required number of parking stalls
from 549 to 426 spaces.
4.That all 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 pursuant to CMC Section
21.34.070.A.2(b), the required setbacks have been increased by 13 feet to accommodate the
additional increase in building height from 35 to 48 feet, the additional setback area is
landscaped and the Parking Analysis prepared by Urban Systems (February 2023) provides the
justification to support the request to reduce the required number of parking stalls onsite from
549 to 426 spaces in that a minimum of 217 parking spaces are recommended. In addition, the
retaining walls onsite do not exceed 42 inches in height in the front yard setback or six feet in
height outside of the front yard setback. Adequate vehicle circulation has been provided to
accommodate truck turning movements and emergency vehicle access. The proposed 60-foot-
wide fire buffer has been approved by the Fire Department and the landscaping proposed
around the perimeter of the property and within the 60-foot-wide fire buffer is consistent with
the requirements of the city’s Landscape Design Manual.
5.That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the site has frontage along Whiptail Loop to the
south. Primary access to the site would be provided by two private driveways off Whiptail Loop.
Pursuant to the Local Mobility Analysis prepared by Urban Systems (December 2022), Whiptail
Loop, which is fully improved, can adequately handle the 1,319 Average Daily Trips (ADT)
generated by the project and the ADTs fall within the scope of the circulation analysis prepared
for the Program Environmental Impact Report for the Carlsbad Oaks North Specific Plan, EIR 98-
08.In addition, the internal traffic circulation and the 16’-11”-tall pedestrian bridge across
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Whiptail Loop comply with the minimum Land Development Engineering and Fire Department
standards.
Pursuant to CMC Section 21.34.070.A.2(b), building height above 45 feet may be permitted through the
approval of a Site Development Plan provided the following additional findings are made:
6.The project complies with CMC Section 21.34.070.A.2(c) in that the required front, side and rear
yard setbacks have been increased at a ratio of one horizontal foot for every one foot of vertical
construction beyond 35 feet. As 35 feet is the permitted height and a 48-foot-tall building is
proposed on the lower building pad, the setbacks have been increased by 13 feet and the
increased setback area is landscaped.
7.The allowed height protrusions as described in 21.46.020 do not exceed the height authorized by
the decision making authority in that a 48-foot-tall building with allowable architectural
projections up to 60 feet is proposed on the lower building pad and roof equipment is necessary.
The proposed 60-foot-tall roof screen is an allowable architectural projection since it does not
provide useable floor area, does not adversely impact the adjacent properties and is necessary
to ensure the building’s design excellence. In addition, the roof equipment is centrally-located
on the roof and setback from the edge of the building to minimize the visual impacts associated
with the additional height for the roof screen.
8.The height of the building will not adversely affect the surrounding properties in that the
proposed 48-foot-tall, three-story, 164,833-square-foot biomedical R&D building has been
designed to follow the existing step in topography thus minimizing the grading and visual
impacts as viewed from the open space to the north and light industrial buildings to the south,
east and west. The portion of the building which exceeds the building height is setback 135 feetfrom the front property line, 164 feet from the nearest side property line and 190 feet from the
rear property line. The building incorporates enhanced architectural features and will be
softened with landscaping proposed around the perimeter of the site and in the parking lot.
The pad elevation of the adjacent building to the east is approximately 20 feet higher than the
upper building pad and 36 feet higher than the lower building pad of the proposed R&D
building. The light industrial buildings located on the adjacent parcel to the west are located a
minimum of 20 feet below the subject site. The building on the south side of Whiptail Loop is
developed with the IONIS employee conference center. As the setbacks have been increased 13
feet as required, the building is setback a significant distance from the adjacent property lines
and the adjacent properties are located a minimum of 20 feet above or below the project site,
the surrounding properties will not be adversely impacted.
9.The building will not be unduly disproportional to other buildings in the area in that the three (3)
light industrial buildings on the adjacent lot to the west (Pacific Vista Commerce Center, Lot 23
of SP 211C) total 411,000 square feet and are 38-feet-tall with allowable architectural
projections up to 43 feet. As the building to the west also exceeded the 35-foot maximum
building height by three feet, the required setbacks were also increased by three feet. The
building to the east, is 37,578 square feet, two stories in height and located on a building pad
approximately 20 feet higher in elevation than the upper building pad of the subject site and 36
feet higher than the lower building pad, where the 48-foot-tall section of the building is
proposed. The existing IONIS R&D building located off Whiptail Loop at 2855 Gazelle Court is
approximately 173,000 square feet in size. In addition, the project site comprises two of the 23
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light industrial lots created as part of the SP 211(C). As such, the proposed 164,833-square-foot,
48-foot-tall building is not unduly disproportional to other buildings in the area.
McClellan Palomar Airport Land Use Compatibility Plan
10.The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that pursuant to Exhibit III-2 of the ALUCP
(Safety Compatibility Policy Map), the site is located within Safety Zone 6, the Traffic Pattern
Zone. Light industrial buildings such as the proposed biomedical R&D building are considered
to be compatible land uses within Safety Zone 6. At the tallest point, the proposed 48-foot-tall
building, including the architectural projections up to 60 feet, is at 478 AMSL, which is below
the Federal Aviation Regulation (FAR) Part 77 obstruction surface of 548 feet AMSL established
at the project site and pursuant to SP 211(C). In addition, pursuant to Exhibit III-1 of the ALUCP,
the project is located outside of the 60 dB CNEL noise contour, but within the Overflight
Notification area pursuant to Exhibit III-6. As such, the project will be conditioned to require the
recordation of an Overflight Notification Notice. Therefore, the project is consistent with SP
211(C) and the McClellan-Palomar ALUCP.
California Environmental Quality Act
11.Record and Basis for Action. The Planning Commission has considered the full record before it,
which includes the Record of Proceedings. Furthermore, the recitals set forth above are found to
be true and correct and material to this resolution; and are incorporated herein by reference.
12.Compliance with CEQA. Pursuant to CEQA Guidelines sections 15162, this project is covered by a
previously-certified Program Environmental Impact Report EIR 98-08, State Clearinghouse No.
2000051057 (Planning Case Nos. EIR 98-08/GPA 97-05/ZC 97-05/SP 211/LFMP 89-16(A)/CT 97-
13/HDP 97-10/PIP 02-02/SUP 97-07), that was prepared and the City Council certified it on Oct.
8, 2002, for the Carlsbad Oaks North Specific Plan SP 211. The effects of the project were
examined in the previously-certified EIR and all feasible mitigation measures developed in the EIR
are incorporated into the appropriate entitlements to ensure that the mitigations measures will
be implemented.
a.There are no substantial changes proposed in the project which will require major
revisions of the certified EIR.
b.There are no substantial changes with respect to the circumstances under which the
project is undertaken which will require major revisions of the certified EIR.
c.There is no new information of substantial importance, which was not known at the time
the EIR was certified by the City Council on October 8, 2022 pursuant to City Council
Resolution No. 2002-298.
d.The Planning Commission considered the EIR and all significant impacts and mitigation
measures in the certified EIR, and considered all written and oral communications from
the public regarding the environmental analysis, and found that (1) The project falls under
the scope of the certified EIR; (2) All significant impacts were adequately addressed in the
certified EIR; (3) The project would not make a considerable contribution to a new
significant cumulative impact; and (4) None of the triggers for subsequent/supplemental
EIRs in CEQA apply. The project is, therefore, determined to within the scope of the
certified EIR and the certified EIR satisfies all requirements of CEQA for this later activity.
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e.The custodian of the documents and other materials which constitute the record of
proceedings upon which this decision is based is the Office of the City Clerk of the City of
Carlsbad, 1200 Village Drive, Carlsbad, CA 92008.
f.The Planning Commission directs the City Planner to file the notice of determination
required by Public Resources Code section 21152(a) within five days after project
approval.
General
13.The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, based on the facts set forth in the staff report dated
March 1, 2023, including, but not limited to the following:
a.Land Use & Community Design – The project site is identified as Lots 21 and 22 of the
Oaks North Specific Plan, SP 211(C). The proposed project includes a request to develop an 8.73-acre property designated PI in the General Plan with a 164,833-square-foot, 48-
foot-tall, three-story R&D building, a 21-foot-tall, three-level parking structure and a
pedestrian bridge across Whiptail Loop.
A majority of the light industrial park is developed with light industrial building such as
the proposed R&D building. The site can be adequately served by existing utilities and
is convenient to public transit located along El Camino Real, Faraday Avenue and
Melrose Drive. The proposed office building will provide employment opportunities for
residents who live within proximity to the site and will enhance the city’s position as a
premier regional employment center.
The building use and design is compatible with the existing light industrial buildings tothe south, east and west. The site is suitable for the proposed light industrial
development as the building setbacks have been increased to comply with CMC Section
21.34.070. Specifically, the maximum allowable building height in the P-M zone is 35
feet. As the applicant is proposing a 48-foot-tall building, the setbacks are required to
be increased one foot for every foot of height above 35 feet. Therefore, the required
front, side and rear yard setbacks have been increased by 13 feet. Further, views of the
parking structure from the north are softened through the use of berms and a green
screen to allow vines to grow up the screen. In addition, the building design steps with
the topography to limit the grading and retaining wall heights and reduce the visual
impacts. A total of 549 parking spaces are required and 426 parking spaces are
proposed. Pursuant to a Parking Study prepared for the proposed project (Urban
Systems, February 2023), a minimum of 217 parking spaces are recommended for Lots
21 and 22 of SP 211(C). As 426 spaces are provided onsite, adequate parking is provided.
b Mobility – The proposed project has been designed to meet all circulation requirements,
including vehicular and Fire access. In addition, the applicant would be required to pay
any applicable traffic impact fees, prior to building permit issuance, which would go
toward future road improvements. Pursuant to the Local Mobility Analysis prepared
by Urban Systems Associates, Inc. (December 2022), the average daily trips (ADTs)
generated by the project, 1,319 ADTs, falls within the scope of what was analyzed
pursuant to EIR 98-08 and no new significant impacts have been identified. A
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Transportation Demand Management Plan (Urban Systems, October 2022) has also
been prepared for the proposed project.
c.Public Safety – The proposed structural improvements would be required to be designed
in conformance with all seismic design standards. In addition, the proposed project is
consistent with all the applicable fire safety requirements, including fire sprinklers and
a minimum 60-foot-wide fire buffer around the perimeter of the buildings. Two
bioretention basins and a storm water vault are proposed in between the building and
parking lots and Whiptail Loop to treat the stormwater before entering the storm drain
system. Furthermore, the project has been conditioned to develop and implement a
program of “best management practices” for the elimination and reduction of
pollutants which enter into and/or are transported within storm drainage facilities.
d.Noise – The project site is located approximately 1.1 miles northeast of McClellanPalomar Airport and is subject to the McClellan Palomar Airport Land Use Compatibility
Plan (ALUCP). The project is consistent with the noise policies in the ALUCP in that 1)
the proposed light industrial R&D building is located outside of the 60 dB CNEL noise
contour and thus is not impacted by airport noise; and 2) the site is within the Overflight
Notification area pursuant to Exhibit III-6. As a result, the project is conditioned to
require the recordation of an Overflight Notification Notice.
14.The project is consistent with the Citywide 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.
15.This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 16.
16.That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
17.The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, 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.
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading
permit, or building permit, whichever comes first.
1.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 Site Development Plan.
2.Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the 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.
3.Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4.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.
5.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 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.
6.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.
7.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
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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,
the approved exhibits shall fulfill this condition.
8.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.
9.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.
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. A note to this effect shall be placed on the Grading Permit.
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, any change in the telecommunications provider,
or any transfer in ownership of the site.
12.Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax, subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 16,
pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the
taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
13.Prior to the issuance of the grading permit, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is 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 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.
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.
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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.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 Development and Planning.
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.Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction of the City Planner.
19.Prior to the issuance of grading permit, the Developer shall prepare and record a Notice that
this property is subject to overflight, sight and sound of aircraft operating from McClellan-
Palomar Airport, in a form meeting the approval of the City Planner and the City Attorney (see
Noise Form #2 on file in the Planning Division).
20.A construction change to the landscape plan approved in association with DWG # 514-7L (SDP
2018-0012) to address the changes to the landscaping in association with the construction of
the pedestrian bridge on APN 209-120-27-00 shall be approved prior to issuance of the grading
permit, to the satisfaction of the City Planner.
21.The approval of SDP 2021-0029 is granted subject to the Program EIR for the Oaks North Specific
Plan SP 211. (EIR 98-08, SCH No. 2000051057), and all project features and mitigation measures
contained therein. The applicant shall implement or cause the implementation of the Final EIR
MMRP, pursuant to Planning Commission Resolution No. 5244 and pursuant to Section V.H of
SP 211(C), which is incorporated herein by reference as though fully set forth herein.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building or grading permit, whichever
occurs first.
General
22.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.
23.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
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to be available until time of occupancy.
24.The developer shall complete processing of an adjustment plat for the lot line adjustment
between lot 21 and lot 22 as shown on the site development plan. Developer shall pay processing
fees per the city’s latest fee schedule.
25.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.
26.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.
27.Prior to building permit issuance, developer shall show all transportation demand management
infrastructure measures on the building plans.
28.Prior to building permit issuance, the developer shall show an updated title report reflecting
the adjustment plat and certificate of compliance.
Fees/Agreements
29.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.
30.Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
31.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.
32.Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private pedestrian bridge located over
existing public right-of-way or easements as shown on the site plan. Developer shall pay
processing fees per the city’s latest fee schedule.
33.Developer shall implement Transportation Demand Management strategies per Carlsbad
Municipal Code section 18.51. Prior to building permit issuance, the Developer shall have a
consultation with city staff regarding submittal of the final TDM Plan. Prior to occupancy, the
Developer shall submit a final Tier 3 Transportation Demand Management Plan to the satisfaction
of the Engineering Manager.
34.Prior to building permit issuance, the developer shall include all transportation demand
management infrastructure measures, in accordance with the project’s Transportation Demand
Management Plan, in the building plan set to the satisfaction of the Engineering Manager. Items
include, but not limited to:
a)Secure bike parking
b)Outdoor bike racks with shared bikes.
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c)Designated parking space for car/vanpools, in addition of Cal Green requirements, along
signage and striping.
d)Showers and lockers
e)Basketball/badminton court, half basketball court and a fitness center
f)Bicycle and pedestrian connections and wayfinding
g)Passenger loading zone
35.Prior to occupancy, all infrastructure measures shall be installed and approved by the Engineering
Manager.
Grading
36.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.
37.Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities.
38.Developer shall prepare and submit a separate grading plan and an addendum to the Storm
Water Management Plan for Ionis Pharmaceuticals Conference Center (Parcel 1, Map 21705) toincorporate the improvements depicted on the site plan, including but not limited to: proposed
sidewalk, pedestrian ramp, retaining wall, storm drain, biofiltration basin revision and
implementation of trash capture. Developer shall pay all applicable fees per the city’s latest
fee schedule.
39.Improvements of the private pedestrian bridge depicted on the site plan shall be conveyed on
the grading plans for the site improvements or by separate document. The developer shall
prepare and submit plans and technical studies/reports as required by the engineering manager
of land development engineering, post security and pay all applicable plan review and permit
fees per the city’s latest fee schedule.
Storm Water Quality
40.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.
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41.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.
42.This project is subject to ‘Priority Development Project’ requirements and Trash Capture
requirements. Developer shall prepare and process a Storm Water Quality Management Plan
(SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual
latest version. The final SWQMP required by this condition shall be reviewed and approved by
the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review
and inspection fees per the city’s latest fee schedule.
43.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
44.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.
45.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.
46.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 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.Demolition of Existing Sewer and Water Laterals
B.Sewer Laterals
C.Water Laterals
D.Driveway
E.Pedestrian Ramps
F.AC Grind & Overlay
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.
47.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
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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.
48.Developer shall provide all-weather maintenance access roads to the public drainage facilities
(e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where
maintenance access roads are not practical and/or permitted, developer shall incorporate low-
maintenance design features to the satisfaction of the city engineer.
Utilities
49.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.
50.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.
51.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.
52.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.
53.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.
54.The developer shall apply for a provisional source control permit with Encinas Wastewater
District for any conveyance of flows from this development other than wastewater. Prior to
the issuance of a grading permit, the developer shall comply with all conditions and pay all fees
required by the Encinas Wastewater District to obtain the provisional source control permit.
55.This project is approved for 105 equivalent dwelling unit (EDUs) for sewer generation. Any
future tenant improvement permit applications subsequent to this approval shall include a
sewer study and/or plumbing calculations to demonstrate that the 105 EDU is not exceeded. If
the tenant improvements exceed the 105 EDU sewer generation, the project may be subject to
public infrastructure improvements, including but not limited to upsizing the impacted
downstream sewer mains and modifying the sewer pump facilities. In addition, an amendment
to SDP 2021-0029 may be required.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
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56.Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
57.Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 16 as required by Carlsbad Municipal Code Section 21.90.050.
58.Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
59.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.
60.The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
61.Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division.
62.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.
63.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.
64.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.
65.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.
66 . Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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 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.
AYES: Commissioners Kamenjarin, Meenes, Merz, and Sabellico
NAYS:
ABSENT: Commissioners Lafferty and Stine
ABSTAIN:
v~~
PETER MERZ, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
CITY PLANNER
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