HomeMy WebLinkAbout2017-05-23; City Council; Resolution 2017-091RESOLUTION NO. 2017-091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND MAJOR REVIEW
PERMIT TO DEMOLISH AN EXISTING OFFICE BUILDING, AND CONSTRUCT A
FOUR-STORY, 45-FOOT TALL RESIDENTIAL BUILDING CONSISTING OF 17
MULTI-FAMILY RESIDENTIAL AIR SPACE CONDOMINIUM UNITS ON A 0.487-
ACRE PROJECT SITE LOCATED AT 2501 STATE STREET.
CASE NAME: OCEAN
CASE NO.: CT 16-02/RP 16-08 (DEV15087)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on March 15, 2017, hold a duly
noticed public hearing as prescribed by law to consider Tentative Tract Map No. CT 16-02 and Major
Review Permit No. RP 16-08 and adopted Planning Commission Resolution No. 7229, recommending
approval of Tentative Tract Map No. CT 16-02 and Major Review Permit No. RP 16-08; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Tentative Tract Map and Major Review Permit; 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 Tentative
Tract Map and Major Review Permit.
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 recommendation of the Planning Commission for the approval of Tentative
Tract Map No. 16-02 and Major Review Permit No. 16-08, is approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 7229, on file
with the City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
3. The approved CC&Rs shall include the following provisions:
a) A reminder that short-term vacation rentals are prohibited within the project; and
b) The HOA shall establish guidelines for use of the common roof deck space in order
to minimize noise impacts to the adjacent properties.
4. This action is 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 23rd day of May, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, M. Packard.
C. Schumacher
None.
(SEAL)
SITE MAP
• N
NOT TO SCALE
OCEAN
CT 16-02 I RP 16-08
EXHIBIT 2
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 7229
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP AND MAJOR REVIEW PERMIT TO DEMOLISH AN EXISTING
OFFICE BUILDING FOR THE CONSTRUCTION OF 17 MULTI-FAMILY
RESIDENTIAL AIR SPACE CONDOMINIUM UNITS ON A 0.487-ACRE
PROJECT SITE LOCATED AT 2501 STATE STREET IN LAND USE DISTRICT 4
OF THE VILLAGE REVIEW ZONE AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: OCEAN
CASE NO.: CT 16-02/RP 16-08
WHEREAS, MJFN HOLDING, LLC, "Owner/Developer," has filed a verified application
with the City of Carlsbad regarding property described as:
Northwesterly 100 feet of the southeast 185 feet of lot 18 of Seaside
Lands, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 1722, filed in the office of the County
Recorder of San Diego County, July 28, 1921, the northwesterly and
southeasterly lines thereof being parallel with the dividing line between
lots 17 and 18 in said Seaside Lands
nhe Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and
a Major Review Permit as shown on Exhibit(s) "A" -"NN" dated February 15, 2017, on file in the Planning
Division, CT 16-02/RP 16-08 -OCEAN, as provided by Title 20 and Chapter 21.35 of the Carlsbad Municipal
Code;and
WHEREAS, the Planning Commission did, on March 15, 2017, 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
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)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CT 16-02/RP 16-08 -OCEAN based on the following
findings and subject to the following conditions:
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Findings:
Tentative Tract Map, CT 16-02
1.
2.
3.
4.
5.
6.
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 17 airspace condominium subdivision is consistent with the General Plan and satisfies
all minimum requirements of the Village Master Plan, and Titles 20 and 21 of the Carlsbad
Municipal Code with respect to public facilities, access and parking as discussed in the project
staff report.
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 three story office building and the Maxton
Brown Park; to the south by a newly constructed 47 unit three story air space residential
condominium project (Seagrove by Taylor Morrison); to the east by an established 21 unit three
story air space residential condominium project (Laguna Point); and to the west by the North
County Transit District storage yard and parking lot. 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.
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 0.487 acres, the
proposed 17 residential condominium units have a density of 34.89 dwelling units per acre. As
the proposed project falls within the allowable density range and meets all required
development standards, the project is consistent with this finding.
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.
That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
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 multi-family residential
units have an east-west orientation thereby allowing for passive or natural solar heating and
cooling opportunities.
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 three (3) inclusionary units. Specifically, the applicant proposes
PC RESO NO. 7229 -2-
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8.
9.
10.
to purchase three housing credits within the Tavarua Housing project or an alternative solution
will need to be authorized by the City Council, to satisfy their inclusionary housing obligations prior
to the issuance of a building permit. As such, the project has been conditioned to require the
approval of an Affordable Housing Agreement prior to approval of the final map.
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 previously developed infill lot is devoid of sensitive vegetation and any natural water
features; therefore, the proposed project does not impact any fish, wildlife or habitat.
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.
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 136
average daily trips {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 16-08
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 February 15, 2017, including, but not limited to the following:
A. Land Use: The proposed project, which includes the demolition of an existing one story
office building located at 2501 State Street and the construction of 17 new townhomes,
will enhance the vitality of the Village, specifically Land Use District 4 {Residential
Support Area), by providing new residential land uses in close proximity to the
downtown core area as well as the train station. The project reinforces the pedestrian-
orientation desired for the downtown area by providing the residents an opportunity
to walk to shopping, recreation, and mass transit functions. The project's proximity to
existing bus routes and mass transit will help to further the goal of providing new
economic development near transportation corridors. Further, the proposed project
contributes towards the overall goal of creating a quality residential neighborhood
north of Beech Street in that an older commercial land use (office building) is proposed
to be removed and replaced with 17 high-quality townhomes which exhibit a coastal
Contemporary architectural design. Overall, the residential project will contribute
towards the revitalization of the Village area.
B. Housing: The proposed project is consistent with the Housing Element of the General
Plan and the City's lnclusionary Housing Ordinance, in that the proposed project is
conditioned to purchase three housing credits to fully satisfy the inclusionary
requirement. On March 17, 2016, the City's Housing Policy Team recommended
approval of the above-noted proposal. The provision for inclusionary housing will
contribute towards achieving the city's Regional Housing Needs. The project has been
accordingly-conditioned to require the approval of an Affordable Housing Agreement
prior to approval of the final map.
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C.
D.
E.
F.
Circulation: State Street can accommodate the estimated 136 ADTs. In addition, all
required public right-of-way has been, or will be, dedicated and improved to serve the
development. The circulation has been designed in relationship to the proposed
residential land use and available parking. Public improvements including but not
limited to curb, gutter, and sidewalk will be constructed to serve the proposed project.
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.
Noise: The project site is primarily impacted by noise from the train which is located
approximately 415 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 analysis report (Michael
Baker International, dated August 2016) to ensure that the proposed building design
adequately attenuates the noise levels for the new condominiums. While no significant
impacts were identified, the Noise Impact Study recommendations include 1) sound
rated windows and entry doors for residential units located along the southern and
eastern portions of the development, and 2) noise attenuating treatment (42 inch high
barrier) for the outdoor deck areas located within the same portions of development
noted above.
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. The project is not requesting any deviations to the
development standards.
City Council Policy No. 43, Allocation for Excess Dwelling Units
12.
13.
14.
That the City's Housing Policy Team recommended approval of the request for an allocation of
17 units from the EDUB on March 17, 2016.
That pursuant to CMC Chapter 21.85.030, for any market-rate residential development of seven
(7) 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 17 multi-family
condominium units is satisfying its inclusionary housing obligation through the purchase of
three (3) housing credits within the Tavarua Affordable Housing Project if available at time of
building permit issuance, or an alternative solution will need to be authorized subject to City
Council approval. The project has been accordingly conditioned to require the approval of an
Affordable Housing Agreement prior to approval of the final map.
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 non-residential 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.
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15.
16.
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 0.487 acres, the proposed 17 residential condominium
units have a density of 34.89 dwelling units per acre. The proposed project is consistent with
the intent of Land Use District 4 of the Village Master Plan and will contribute towards the
overall revitalization of the Village Area.
That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest
quadrant to allocate 17 units. Per the city's Quadrant Dwelling Unit Report {dated November
2016), 759 units remain available for allocation in the Village.
California Environmental Quality Act:
17.
General
18.
19.
20.
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.
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,
A.
B.
C.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
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.
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.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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.
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1.
2.
3.
4.
5.
6.
7.
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.
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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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 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.
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 Tentative Map/Site
Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision making body. The copy shall be submitted to the city planner, reviewed and, if
found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
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.
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9.
10.
11.
12.
13.
14.
15.
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.
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 CFO
#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.
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(s} No. 7229 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.
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.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
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.
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.
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16.
8.
C.
D.
E.
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.
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.
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 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.
Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ___ _
This project is being approved as a condominium permit for residential 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.
17. 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
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18.
19.
20.
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.
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 purchase three (3) inclusionary housing
credits within the Tavarua Affordable Housing Project if available at time of building permit
issuance or an alternative solution will need to be authorized subject to City Council approval.
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.
Prior to recordation of the parcel 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).
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 (Michael Baker International, August 2016}.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
14 this proposed subdivision, must be met prior to approval of a final map, building or grading permit
whichever occurs first.
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General
21.
22.
23.
24.
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.
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.
Developer shall submit to the city engineer an acceptable instrument, via CC&Rs 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, landscaping,
enhanced paving, water quality treatment measures, low impact development features, storm
drain facilities, etc., located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the properties within this subdivision.
Developer shall include rain gutters and storm drain piping system on the building plans to route
storm water to the proposed raised planters/podium (Biofiltration BMPs} on building decks and
patios as shown on the tentative map/site plan to satisfaction of the city engineer.
25. 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.
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26. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property owner
shall maintain this condition.
Fees/ Agreements
27.
28.
29.
30.
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.
Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
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.
Developer shall replace the existing 8" ACP waterline with an 8" C900 DR 14 pipeline as shown
on the tentative map. Developer shall enter into Reimbursement Agreement with CMWD for
the cost of the material, fittings and appurtenances to the satisfaction of the District Engineer,
City Attorney and Finance Director.
Grading
31.
32.
33.
34.
Upon a review of the proposed grading and the grading quantities shown on the tentative map, a
grading permit forth is 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.
Developer shall coordinate with the adjacent property owners for the temporary removal and
replacement of the existing driveway and portions of existing parking area located within the
existing CMWD easement during the installation of the proposed water and sewer lines as
shown on the tentative map.
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.
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.
35. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
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36.
37.
This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP}, subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
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, and Low Impact Design (LID} facilities.
Dedications/Improvements
38.
39.
40.
41.
Developer shall cause owner to dedicate State Street to the city and/or other appropriate entities
for the public street and public utility and access purposes as shown on the tentative map. The
offer shall be made by a certificate on the final map. All land so offered shall be free and clear of
all liens and encumbrances and without cost to the city. Streets that are already public are not
required to be rededicated. Additional easements may be required at final design to the
satisfaction of the city engineer.
Developer shall cause owner to vacate excess street right-of-way as shown on the tentative map
to the satisfaction of the city engineer.
Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems 12" diameter storm drain and larger
shall be inspected by the city. Developer shall pay the standard improvement plan check and
inspection fees for private drainage systems.
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 in the tentative map, per city standards to the satisfaction of the city engineer as shown
on the Tentative Map. Said improvements shall be installed to city standards to the satisfaction
of the city engineer. These improvements include, but are not limited to:
A.
B.
C.
D.
E.
F.
Driveway approaches as shown on the tentative map.
Remove and replace existing curb and gutter and sidewalk as shown on the tentative
map.
Grind and overlay existing AC pavement, half street width, as shown on the tentative
map.
Remove existing public 10" VCP sewer line and replace with 12" PVC C 900 DR 14 sewer
line as shown on the tentative map. Reinstall existing sewer services.
Modify existing upstream and downstream manholes for compatibility with the new
12" PVC sewer line.
Remove existing public 8" ACP waterline and replace with an 8" PVC C 900 DR 14 as
shown on the tentative map. Reinstall existing water services.
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.
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42.
43.
Developer shall provide all-weather maintenance access roads to the public drainage facilities 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.
Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative map. Sewer services shall be provided to the satisfaction of the city
engineer.
Non-Mapping Notes
44. Add the following notes to the final map as non-mapping data:
A.
B.
C.
D.
E.
Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the Tentative Map. These improvements include, but are not
limited to:
A. Driveway approaches as shown on the tentative map.
B. Remove and replace existing curb and gutter and sidewalk as shown on the
tentative map.
C. Grind and overlay existing AC pavement, half street width, as shown on the
tentative map.
D. Remove existing public 10" VCP sewer line and replace with 12" PVC C 900 DR 14
sewer line as shown on the tentative map. Reinstall existing sewer services.
E. Modify existing upstream and downstream manholes for compatibility with the
new 12" PVC sewer line.
F. Remove existing public 8" ACP waterline and replace with an 8" PVC C 900 DR 14 as
shown on the tentative map. Reinstall existing water services.
Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
Geotechnica I Caution:
1) The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
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.
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
45.
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so.
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Developer shall meet with the fire marshal to determine if fire protection measures {fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
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.
Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
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.
The developer shall design and construct public water, and sewer facilities substantially as shown
on the tentative map to the satisfaction of the district engineer and city engineer.
The developer shall provide separate potable water meters for each separately owned unit within
this subdivision.
The developer shall submit a detailed recycled water study, prepared by a registered engineer
that identifies the peak demands of the project. The study shall identify velocity in the main lines
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:
53.
54.
55.
56.
57.
58.
Developer shall pay park-in-lieu fees to the City, prior to the approval of the parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
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.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
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.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
This tentative parcel map shall expire two years from the date on which the City Council votes to
approve this application.
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62.
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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance with
the Village Master Plan and Design Manual or subsequent plan, and shall require review and
approval of the City Planner prior to installation of such signs.
Developer shall pay traffic and sewer impact fees based on Section 18.42 and Section 13.10 of the
City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the site plan/tentative map are for planning purposes
only.
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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 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
8 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
9 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, hetd on March 15, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Anderson, Black, Goyarts,
Montgomery and Siekmann
Commissioner L'Heureux
JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
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