HomeMy WebLinkAbout2016-05-03; City Council; Resolution 2016-0873
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RESOLUTION NO. 2016-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP CT 15-06 AND
MAJOR REVIEW PERMIT RP 15-07 TO ALLOW THE CONSTRUCTION
OF A FOUR-STORY MIXED-USE BUILDING CONSISTING OF 8
RESIDENTIAL UNITS, 13 TIMESHARE UNITS, 781 SQUARE FEET OF
COMMERCIAL SPACE AND A TWO LEVEL ENCLOSED PARKING
GARAGE SITUATED ON A 0.249-ACRE PROJECT SITE LOCATED AT
2646 STATE STREET WITHIN DISTRICT 4-RESIDENTIAL SUPPORT
AREA OF THE VILLAGE REVIEW (VR) ZONE AND LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: THE WAVE
CASE NO.: CT 15-06/RP 15-07
The City Council of the City of Carlsbad, California, does hereby resolve as follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on March 16, 2016, hold a duly noticed public hearing as prescribed by law to
consider Tentative Tract Map CT 15-06 and Major Review Permit RP 15-07 and adopted Planning
Commission Resolution No. 7152, recommending approval of Tentative Tract Map CT 15-06 and
Major Review Permit RP 15-07; and
WHEREAS, as a result of an environmental review of the subject project conducted
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be
categorically exempt from the requirement for preparation of environmental documents
pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a
site of less than five acres in an urbanized area that has no habitat value and is served by
adequate facilities.
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.
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2. That Tentative Tract Map CT 15-06 and Major Review Permit RP 15-07 is
approved and that the findings and conditions of the Planning Commission contained in
Resolution No. 7152 on file in the City Clerk's office and incorporated herein by reference are
the findings and conditions of the City Council.
3. That this action is final the date this resolution is adopted by the City
Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on
which this decision becomes final; however, if within ten days after the decision becomes final
a request for the record is filed with a deposit in an amount sufficient to cover the estimated
cost or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
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Carlsbad on the 3rd day of May, 2016, by the following vote, to wit:
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4 AYES: Schumacher, Blackburn, Packard.
5 NOES: Hall, Wood.
6 ABSENT: None.
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9 MICHAEL SCHUMACHER, Council Member
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ATTEST:
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14 (SEAL)
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PLANNING COMMISSION RESOLUTION NO. 7152
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP AND A MAJOR REVIEW PERMIT TO ALLOW FOR THE
DEMOLITION OF ALL STRUCTURES ONSITE AND THE CONSTRUCTION OF
A FOUR STORY MIXED-USE BUILDING CONSISTING OF 8 RESIDENTIAL
UNITS, 13 TIMESHARE UNITS, 781 SQUARE FEET OF COMMERCIAL
SPACE AND A TWO LEVEL PARKING GARAGE SITUATED ON A 0.249-
ACRE PROJECT SITE LOCATED AT 2646 STATE STREET WITHIN DISTRICT 4
RESIDENTIAL SUPPORT AREA OF THE VILLAGE REVIEW (VR) ZONE AND
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: THE WAVE
CASE NO.: CT 15-06/RP 15-07
WHEREAS, MAA ARCHITECTS, "Developer" has filed a verified application with the City
of Carlsbad regarding property owned by SDPB Holdings LLC, "Owner," described as:
The southwesterly 175 feet of the northwesterly half of lot 25 of
Seaside Lands, in the City of Carlsbad, County of San Diego, State of
California, according to Map No. 1722, filed in the office of the County
Recorder of San Diego County, July 28, 1971 and the northwesterly
and southeasterly lines of said property being parallel with the
southwesterly and northwesterly lines respectively of said lot 25
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and
a Major Review Permit as shown on Exhibits "A — 0," dated March 16, 2016, on file in the Planning
Division, CT 15-06/RP 15-07 — THE WAVE, as provided by Title 20 and Chapter 21.35 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on March 16, 2016, 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 all persons desiring to be heard, said Commission considered all factors relating to
the Tentative Tract Map and Major Review Permit.
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.
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B) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of CT 15-06/RP 15-07 — THE WAVE based on the following
findings and subject to the following conditions:
Findings:
Tentative Tract Map, CT 15-06
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General 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 the proposed one lot tentative
tract map for a 22 airspace condominium subdivision is consistent with the General Plan and
satisfies all minimum requirements of the Village Master Plan, Titles 20 and 21 with respect
to public facilities, access and parking as discussed in the project staff report.
2. That the proposed project is compatible with the surrounding future land uses since the
surrounding properties are developed, are currently designated as Village (V) in the General
Plan and are located in Land Use District 4 - Residential Support Area, of the Village Master
Plan. The subject property, is bordered to the north by a RV Park; to the south by a
commercial building; to the east by an office building; and to the west by State Street and a
mixture of retail uses. Pursuant to Land Use District 4 of the Village Master Plan, the intent is
to provide for a gradual transition in this district to a mix of higher quality commercial and
residential uses which will provide positive support for the District 1 Village Center and
reinforce the Village area north of Beech Street as a quality residential neighborhood.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed,
in that the Village (V) General Plan Land Use designation allows residential development at a
density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.249 acres, the
proposed 8 residential condominium units have a density of 32.12 dwelling units per acre.
The 13 timeshare units are considered commercial living units for purposes of temporary
lodging and do not count towards project density. The one (1) commercial unit, consisting of
781 sq. ft. of ground floor commercial space, is also not counted towards overall project
density.
4. 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.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the proposed residential units have
a north, south, east and west orientation thereby allowing for passive or natural solar heating
and cooling opportunities.
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7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the
public service needs of the City and available fiscal and environmental resources in that the
project is required to provide a total of one (1) inclusionary unit. Specifically, the applicant
proposes to designate one (1) of the 8 residential condominium units as an inclusionary unit,
which is a one-bedroom unit. In addition, the project has been conditioned to require the
approval of an Affordable Housing Agreement prior to recordation of the final map.
8. 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 developed and, therefore, does not impact any
fish, wildlife or habitat.
9. 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 has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City's sewer and drainage standards and the project is conditioned to comply with
the National Pollutant Discharge Elimination System (NPDES) requirements.
10. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the existing street can accommodate the estimated
200 ADTs and all required public right-of-way has been or will be dedicated and has been or
will be improved to serve the development. In addition, the proposed project would not
result in any significant capacity-related impacts to any road segments or intersections.
Major Review Permit, RP 15-07
11. The Planning Commission finds that-the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, and the development standards of the Village Review
Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff
report dated March 16, 2016, including, but not limited to the following:
a. Land Use. The proposed project, which includes the demolition of one existing
residential structure and construction of a 18,355 square foot four-story mixed-use
building consisting of 8 residential units (One of which is affordable), 13 timeshare
units, and one (1) ground floor commercial unit (781 square feet) will enhance the
vitality of the Village, specifically Land Use District 4 (Residential Support Area). The
proposed mixed use development not only provides mutually supportive uses in the
form of residential, timeshare and commercial opportunity, but reinforces the
pedestrian-orientation desired for the downtown area by providing new residents and
timeshare occupants an opportunity to walk to local shopping, dining, recreation, and
mass transit functions. It's close proximity to existing bus routes and mass transit
help to further the goal of providing new economic and residential development near
transportation corridors. Furthermore, the project will contribute to the revitalization
of the Village area in the form of a new building at the northern end of State Street
with new commercial lease space, new employment opportunities, and new
consumers. Overall, the residential project will contribute to the revitalization of the
Village area.
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b. Housing. The project has been conditioned to enter into an Affordable Housing
Agreement to construct one (1) inclusionary housing unit onsite. The applicant has
set aside one of the (1) bedroom units for inclusionary housing purposes. The project
has been accordingly conditioned to require the approval of an Affordable Housing
Agreement prior to recordation of the final map. In approving a request for an
allocation of excess dwelling units, the project shall meet the findings identified in
City Council Policy No. 43. Specifically, the project location and density shall be found
to be compatible with adjacent land uses and the project is consistent with the
General Plan and any other applicable planning document. As discussed in Findings
13 & 14 below, the proposed project meets these findings.
c. Circulation. The existing street can accommodate the estimated 200 ADTs and all
required public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation have been
designed in relationship to the land use and available parking. Pedestrian circulation
is provided through pedestrian-oriented building design, landscaping, and hardscape.
Public facilities have been, or will be constructed to serve the proposed project.
Further, 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. Public Safety. The proposed building is required to be designed in conformance with
all seismic design standards of the California Building Code (CBC) and State building
requirements. Additionally, the proposed project design is consistent with all of the
applicable fire safety requirements; and the entire building is designed to be sprinkled
in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad
regulations. 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.
e. Noise. The project site is primarily impacted by noise from the train which is located
approximately 350 feet to the west of the project site. The proposed project is
consistent with the Noise Element of the General Plan in that the project has been
conditioned to comply with the recommendations of the noise report (Rincon
Consultants, Environmental Scientists, Planners and Engineers, July, 2015) to ensure
that the proposed building design adequately attenuates the noise levels for the new
condominiums. Overall, no significant adverse noise impacts were identified that
would not be reduced by standard construction practices prescribed by the California
Energy Code Title 24 standards. In addition, a Notice will be required to be recorded
on title to notify future owners that the property is subject to noise from the railroad.
f. Land Use District 4 Standards. The project as designed is consistent with the
development standards for Land Use District 4, the Village Design Guidelines and all
other applicable regulations set forth in the Village Master Plan and Design Manual as
discussed in the project staff report.
PC RESO NO. 7152 -4- 10
City Council Policy No. 43, Allocation for Excess Dwelling Units
12. That pursuant to CMC Chapter 21.85.030, for any market-rate residential development of
seven (7) units or more units, not less than 15% of total units shall be restricted both as to
occupancy and affordability to lower income households. The proposal to construct 8 multi-
family condominium units includes one inclusionary unit which will satisfy the above-noted
requirement. The project has been conditioned to require the approval of an Affordable
Housing Agreement prior to recordation of the final map.
13. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project is consistent with the
adjacent mix of residential and commercial land uses and anticipated uses in that Land Use
District 4 of the Village Master Plan is intended to provide for a gradual transition in this
district to a mix of higher quality commercial and residential uses which will provide positive
support for the District 1 Village Center and reinforce the Village area north of Beech Street as
a quality residential neighborhood.
14. That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document, in that the Village (V) General Plan
Land Use designation allows residential development at a density range of 28 to 35 dwelling
units per acre. Based on a net acreage of 0.249 acres, the proposed 8 residential
condominium units have a density of 32.12 dwelling units per acre. The 13 timeshare units
are considered commercial living units for purposes of temporary lodging and do not count
towards project density. The one (1) commercial unit, consisting of 781 sq. ft. of ground floor
commercial space, is also not counted towards overall project density.
15. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest
quadrant to allocate 8 units. Per the city's Quadrant Dwelling Unit Report, 764 units remain
available for allocation in the Village.
California Environmental Quality Act:
16. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development
project. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the State CEQA Guidelines do not apply to this project.
General
17. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public 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,
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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 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
18. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
19. 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of the
final map, demolition permit, grading permit or building permit whichever occurs 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 Tentative
Tract Map and Major Review Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
• modifications to the Tentative Tract Map and Major Review Permit documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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
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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 Tentative Tract Map and Major Review Permit
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues even if the City's approval is not
validated.
6. Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the
Tentative Map and Site Plan reflecting the conditions approved by the final decision-making
body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 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 Final Map.
11. 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 (if applicable), 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 1, 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.
12. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
13. 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.
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14. 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 Director of the
Community and Economic Department.
15. Prior to the recordation of the Final Map, 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
Tentative Tract Map and Major Review Permit by Resolution No. 7152 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.
16. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner
prior to final map approval. Prior to issuance of a building permit, the Developer shall provide
the Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the City. The City shall have the right, but not the obligation,
to enforce those Protective Covenants set forth in this Declaration in favor of, or in
which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event that
the Association fails to maintain the "Common Area Lots and/or the Association's
Easements" as provided in Article , Section the City shall
have the right, but not the duty, to perform the necessary maintenance. If the City
elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
period specified by the City's notice, the City shall be entitled to cause such work to be
completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
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Easements. The City shall provide a copy of such invoice to each Owner in the Project,
together with a statement that if the Association fails to pay such invoice in full within
the time specified, the City will pursue collection against the Owners in the Project
pursuant to the provisions of this Section. Said invoice shall be due and payable by the
Association within twenty (20) days of receipt by the Association. If the Association
shall fail to pay such invoice in full within the period specified, payment shall be
deemed delinquent and shall be subject to a late charge in an amount equal to six
percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without
limiting the generality of the foregoing, in addition to all other rights and remedies
available to the City, the City may levy a special assessment against the Owners of each
Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing lien
upon each Lot against which the special assessment is levied. Each Owner in the Project
hereby vests the City with the right and power to levy such special assessment, to
impose a lien upon their respective Lot and to bring all legal actions and/or to pursue
lien foreclosure procedures against any Owner and his/her respective Lot for purposes
of collecting such special assessment in accordance with the procedures set forth in
Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
17. This project is being approved as a condominium permit for residential, timeshare, and
commercial ownership purposes. If any of the residential units in the project are rented, the
minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the
project shall include this requirement.
18. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit
shall be four (4) months and the minimum time increment shall be no less than seven (7)
consecutive days. A note indicating this requirement shall be placed on the final map for the
project. The CC&Rs for the project shall also include this requirement.
19. Prior to recordation of the final map, the Developer shall prepare and record a Notice that
this property may be subject to noise impacts from the proposed or existing Transportation
Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise
Form #1 on file in the Planning Division).
20. Prior to issuance of the building permit, verification shall be submitted confirming that the
buildings have been designed to comply with the recommendations of the noise study
prepared for the project (Rincon Consultants, Environmental Scientists, Planners and
Engineers, July, 2015).
21. 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
an Outdoor Storage Plan, and thereafter comply with the approved plan.
22. Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall
enter into an Affordable Housing Agreement with the City to provide and deed restrict one (1)
dwelling unit as affordable to lower-income households for 55 years, in accordance with the
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requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft
Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days
prior to the request to final the map. The recorded Affordable Housing Agreement shall be
binding on all future owners and successors in interest.
23. Developer shall construct the one (1) required inclusionary unit concurrent with the project's
market rate units, unless both the final decision-making authority of the City and the Developer
agree within an Affordable Housing Agreement to an alternate schedule for development.
24. Prior to the issuance of building permits, the applicant shall submit a lighting plan for review
and approval by the City Planner that includes:
a. Lighting at the first floor of the building exterior along the street frontage; and
b. Exterior tree lighting.
25. 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.
26. The project site is located in an area that may contain soil material that is suitable for beach
sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP)
adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a
grading permit, and as a part of the grading plan preparation, the developer shall test the soil
material to be exported from the project site to determine the materials suitability for sand
replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable
for beach replenishment the developer is encouraged to comply with the process outlined in
the COBFP to transport and place the beach quality material on the beach site identified in the
COBFP.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed subdivision, must be met prior to approval of a demolition permit, grading permit,
building permit, grading permit or as determined by the city engineer and the city building official.
General
27. 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.
28. 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.
29. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private utilities, street trees,
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landscaping, enhanced paving, water quality treatment measures, low impact development
features and storm drain facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this
subdivision.
30. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
31. Developer shall install sight distance corridors at all driveway intersections with streets in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
32. 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.
33. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
34. 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.
35. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering any private improvements located over
public right-of-way or easements. Developer shall pay processing fees per the city's latest fee
schedule. No enhanced pavement will be allowed within the public right-of-way.
36. Prior to approval of any grading or building permits for this project, developer shall cause
owner to give written consent to the city engineer for the annexation of the area shown within
the boundaries of the subdivision) into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1 and/or to the formation or annexation into an additional Street
Lighting and Landscaping District. Said written consent shall be on a form provided by the city
engineer.
37. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Street Tree Maintenance Agreement for any trees located
within the public right of way.
Grading
38. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
39. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements are to become effective
in February 2016, and likely affect the design of this project. Developer shall demonstrate
compliance with latest storm water requirements to the satisfaction of the city engineer.
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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.
41. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to
the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city's latest fee schedule.
42. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to demonstrate how this project meets storm water treatment requirements per the
city's BMP Design Manual, latest version. In addition to new treatment control BMP selection
criteria in the Manual, the developer shall use low impact development (site design)
approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained
through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable
SWQMP plan review and inspection fees per the city's latest fee schedule.
43. Developer acknowledges hydromodification (runoff reduction) requirements impact how project
treats and/or retains storm runoff. Currently, the 2013 Hydromodification Exemption Analysis
for Select Carlsbad Watersheds has not been approved as part of the BMP Design Manual.
During final design, developer shall demonstrate compliance with all storm water requirements
to the satisfaction of the city engineer.
44. 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, treatment
control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
45. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with hydromodification requirements. Documentation shall be included
within the Storm Water Quality Management Plan (SWQMP).
Dedications/Improvements
46. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. No direct connection of private storm drains to public facilities
shall be allowed without the approval 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.
47. 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 tentative map. Said improvements shall be installed to city
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standards to the satisfaction of the city engineer. These improvements include, but are not
limited to:
A. Removal and replacement of curb, gutter and sidewalk.
B. Driveway approach, sidewalk underdrains and curb outlets.
C. Water services and water meters.
D. Sewer lateral.
Developer shall pay the standard improvement plan check and inspection fees. 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.
48. Developer shall design all proposed public improvements including but not limited to (sewer
lateral, driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the tentative
map and as determined by the city engineer. These improvements shall be shown on one of
the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
Non-Mapping Notes
49. 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 to the satisfaction of the city engineer.
These improvements include, but are not limited to:
1. Removal and replacement of curb, gutter and sidewalk.
2. Driveway approach, sidewalk underdrain(s) and curb outlet(s).
3. Water service(s) and water meter(s).
4. Sewer lateral.
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. 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.
D. 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 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, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
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Utilities
50. Developer shall meet with the fire marshal to determine fire protection measures (fire flows,
fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains
to the satisfaction of the district engineer.
51. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
52. The developer shall 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.
53. 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 or as determined by the city engineer.
54. The developer shall 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 or as
determined by the city engineer.
55. Prior to using one potable water meter to serve a multi-ownership building, developer shall
apply for and receive approval from the utilities director. Upon application for and good cause
shown, the utilities director may allow a single potable water service connection and meter to a
multi-ownership building within this subdivision provided:
A. Developer shall record a deed restriction or other such document as approved by the
public works director and general counsel placing future Owners on notice that each
and every residential or commercial/office unit is served by a single service connection
and meter, and in the event that the water bill is not paid by the party or entity
responsible for paying the monthly water service charges to Carlsbad Municipal Water
District (CMWD) for the respective building occupied by the multi-ownership CMWD
may at its direction shut off the water service to such multi-ownership building in
accordance with CMWD adopted rules and regulations.
B. Developer shall install a private sub-meter for each separately established residence or
business within a multi-ownership building having a single potable water service
connection and meter.
If denied, developer shall revise all design drawings to provide separate potable water meters
for each separately owned unit within this subdivision per district requirements.
56. If required by the Carlsbad Municipal Water District (CMWD), the developer shall submit a
detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the
project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of
the existing infrastructure. Said study shall be submitted concurrently with the improvement
plans for the project and the study shall be prepared to the satisfaction of the district engineer.
57. If required by the Carlsbad Municipal Water District (CMWD), the developer shall submit a
detailed potable water study, prepared by a registered engineer that identifies the peak
demands of the project (including fire flow demands). The study shall identify velocity in the
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main lines, pressure zones, and the required pipe sizes. Said study shall be submitted
concurrently with the improvement plans for the project and the study shall be prepared to the
satisfaction of the district engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
58. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
59. 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.
60. 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.
61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
62. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
63. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
64. This tentative map shall expire two years from the date on which the City Council voted to
approve this application.
65. 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.
66. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
67. Any signs proposed for this development shall at a minimum be designed in conformance with
the Village Master Plan and Design Manual and shall require review and approval of the City
Planner prior to installation of such signs.
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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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on March 16, 2016, by the following vote, to wit:
AYES: Commissioners Black, Montgomery, Segall and Siekmann
NOES: Chairperson Anderson, Goyarts and L'Heureux
ABSENT:
ABSTAIN:
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
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