HomeMy WebLinkAbout2018-02-27; City Council; Resolution 2018-027RESOLUTION NO. 2018-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND MAJOR REVIEW
PERMIT FOR THE CONSTRUCTION OF A MIXED-USE BUILDING CONSISTING
OF 943 SQUARE FEET OF COMMERCIAL SPACE AND SIX RESIDENTIAL
CONDOMINIUM UNITS LOCATED AT THE NORTHWEST CORNER OF
MADISON STREET AND OAK AVENUE IN LAND USE DISTRICT 1 OF THE
VILLAGE REVIEW ZONE.
CASE NAME: SIX ON MADISON
CASE NO.: CT 2017-0004/RP 2017-0009 (DEV2017-0069)
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 December 20, 2017, hold a duly
noticed public hearing as prescribed by law to consider Tentative Tract Map No. CT 2017-0004 and
Major Review Permit No. RP 2017-0009, as referenced in Planning Commission Resolution No. 7282;
and the Planning Commission adopted Planning Commission Resolution No. 7282 recommending to
the City Council that it be approved; 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. 2017-0004 and Major Review Permit No. 2017-0009, is approved, and that the findings
and conditions of the Planning Commission contained in Planning Commission Resolution No. 7282 on
file with the City Clerk and incorporated herein by reference, are the findings and conditions ofthe City
Council.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
"NOTICE"
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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of February, 2018, by the following vote, to wit:
AYES: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES:
ABSENT:
None.
M. Hall.
(SEAL)
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EXHIBIT 4
PLANNING COMMISSION RESOLUTION NO. 7282
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP AND A MAJOR REVIEW PERMIT FOR THE CONSTRUCTION OF
A MIXED-USE BUILDING CONSISTING OF 943 SQUARE FEET OF
COMMERCIAL SPACE AND SIX RESIDENTIAL CONDOMINIUM UNITS
LOCATED AT THE NORTHWEST CORNER OF MADISON STREET AND OAK
AVENUE IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SIX ON MADISON
CASE NO.: CT 2017-0004/RP 2017-0009 (DEV2017-0069)
WHEREAS, Oak & Madison, LLC, "Developer/Owner," has filed a verified application with
the City of Carlsbad regarding property described as
All of Lots 31 and 32 in Block 39, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 535, recorded
in the office of the County Recorder of San Diego County, May 2, 1888;
Together with that portion of Oak Avenue, adjoining Lot 32 as vacated
on September 17, 1985 by Resolution No. 8181 of the City Council of the
City of Carlsbad
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and
Major Review Permit as shown on Exhibit(s) "A" -"N" dated December 20, 2017, on file in the Planning
Division CT 2017-0004/RP 2017-0009 -SIX ON MADISON, as provided by Chapters 20.12 and 21.35 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 20, 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.
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 2017-0004/RP 2017-0009-SIX ON MADISON, based on
the following findings and subject to the following conditions: Feb. 27, 2018 Item #7 Page 14 of 63
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Findings:
Tentative Tract Map CT 2017-0004
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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 seven-unit air-space condominium subdivision (six residential units and one non-
residential unit) 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 dated December 20,
2017 and findings below.
That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed, are currently designated as Village (V) in the General Plan and are
located in Land Use District 1-Carlsbad Village Center, of the Village Master Plan. The subject
property is bordered to the north by commercial and residential; to the south by residential
across Oak Avenue; to the east by residential and commercial uses across Madison Street; and
to the west by an alley and a single-family residence. The adjacent properties to the north, west
and east are also located in Land Use District 1 of the Village Master Plan which allows a wide
variety of uses including mixed-use developments which are permitted by right in Land Use
District 1. The properties across Oak Avenue to the south are currently designated for multiple-
family residential. Therefore, the mixed-use project of multi-family residential and a small
commercial space is compatible with existing land uses and surrounding future land uses.
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 the gross acreage of 0.19 acres, the
proposed six residential condominium units have a density of 31.6 dwelling units per acre. Since
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 structures have been designed to
include operable windows on all elevations and balconies to maximize exposure of each unit to
natural light, and ventilation from nearby coastal breezes.
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 proposed
six-unit residential project is conditioned to pay an inclusionary housing fee for six units.
PC RESO NO. 7282 -2-Feb. 27, 2018 Item #7 Page 15 of 63
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That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the vacant, previously developed 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 streets can accommodate the estimated 88
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 2017-0009
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 December 20, 2017, including, but not limited to the following:
a. Land Use -The proposed project, which includes the construction of six new residential
condominiums and a 943 square foot commercial space, would enhance the vitality of the
Village by providing new residential and commercial land uses near the downtown core
area. The project reinforces the pedestrian orientation desired for the downtown area by
providing residents an opportunity to walk to shopping, recreation, and mass transit
functions. The project's proximity to existing bus routes and mass transit would help to
further the goal of providing new economic development near transportation corridors.
Overall, the mixed-use project would contribute to the revitalization of the Village area with
its proposed residential and commercial uses.
Mobility -The proposed project has been designed to meet all of the circulation
requirements, which include maintaining or enhancing frontage improvements consisting
of sidewalks on both frontages and landscaping. In addition, the applicant would be
required to pay traffic impact fees prior to the issuance of building permits that would go
towards future road improvements. The proposed project is located approximately one-
half mile from the Carlsbad Village Drive train station which provides rail and bus service
throughout the day. The project's proximity to the transit station would provide residents
with the opportunity to commute to major job centers, thereby reducing vehicle miles
traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability
and mobility by locating the project near existing goods and services within the Village.
b. Noise -The proposed project is consistent with the Noise Element of the General Plan in
that the project has been conditioned to comply with the construction requirements of the
noise analysis report {ABC Acoustics, Inc., dated March 22, 2017) to ensure that the
proposed building design adequately attenuates the noise levels for the new
condominiums.
PC RESO NO. 7282 -3-Feb. 27, 2018 Item #7 Page 16 of 63
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12.
c. Housing -The inclusionary housing requirement may be satisfied through the payment of
an in-lieu fee for projects that have less than seven units. The project has been conditioned
to require the payment of the housing in-lieu fee for six {6} units prior to issuance of a
building permit.
d. Public Safety-The proposed structural improvements would be required to meet all seismic
design standards. In addition, the proposed project is consistent with all of the applicable
fire safety requirements. The project would be required 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. The project has
been conditioned to pay all applicable public facilities fees for Zone 1 and meet with the fire
marshal to determine if public fire hydrants are required.
e. Land Use District 1 Standards -The project, as designed, is consistent with the development
standards for Land Use District 1, 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 dated December 20, 2017. The project is not requesting any deviations
to the development standards. All required residential parking is located on-site and the
applicant is requesting to participate in the Parking In-Lieu fee program for the four (4)
required commercial parking spaces.
The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and
participation in the program will satisfy the parking requirements for the project. Justification for
participation in the Parking In-Lieu Fee Program is contained in the following findings:
a. The proposed project is consistent with the goals and objectives of the Village Master Plan
and Design Manual in that the project assists in satisfying the goals and objectives through
the following actions 1} the mixed-use project stimulates property improvements and new
development in the Village by constructing a new permitted mixed-use building in an area
with a mix of dated buildings while increasing the intensity of development within the
Village; 2) it establishes Carlsbad Village as a quality shopping, working and living
environment by providing new employment opportunities; increasing the number, quality,
and diversity of housing units within the Village; and reinforcing pedestrian retail continuity
within the Village commercial areas; and 3} improves the physical appearance of the Village
Area by developing a vacant site on the northwest corner of Madison Street and Oak
Avenue with a new attractive building that adheres to the land use regulations and design
guidelines set forth for the area.
b. The proposed use is consistent with the goals and objectives set forth for Land Use District 1
of the Village Master Plan and Design Manual in that the mixed-use development not only
provides mutually supportive uses in the form of residential, and commercial/retail uses on
Madison Street, but reinforces the pedestrian orientation desired for the downtown area
by providing new residents and employees an opportunity to walk to local shopping, dining,
recreation, and mass transit functions; furthermore, its close proximity to existing bus
routes and mass transit help to further the goal of providing new economic and residential
development near transportation corridors; and lastly, it will contribute to the revitalization
of the Village area in the form of a new building in the core of the Village, new commercial
lease space, new employment opportunities and new patrons.
PC RESO NO. 7282 -4-Feb. 27, 2018 Item #7 Page 17 of 63
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c. Adequate parking is available within the Village to accommodate the project's parking
demands in that a parking study {Kimley-Horn, September 14, 2017} was recently completed
for the Village and Barrio areas. Parking occupancies were observed in the morning (9 A.M.},
afternoon {1:00 P.M.), and evening {7:00 P.M.}. The highest occupancy for all public parking
lots combined in the Village was 70 percent at 1:00 P.M. on a weekday in May 2016 and 67
percent on a weekend in July 2016. The overall average occupancy per the study was 51
percent. This utilization ratio allows for continued implementation of the parking in-lieu
fee program because it is less than the 85 percent threshold for maximum utilization set by
the City Council.
d. The In-Lieu Fee Program has not been suspended or terminated by the City Council.
City Council Policy No. 43, Allocation for Excess Dwelling Units
13.
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General
16.
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 1 of the Village Master Plan is intended to provide for a gradual transition to a mix of
higher quality commercial and residential uses which will provide positive support for the core
of the Village.
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 an acreage of 0.19 acres, the proposed six residential condominium
units have a density of 31.6 dwelling units per acre. The proposed project is consistent with the
intent of Land Use District 1 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 six units. Per the city's Quadrant Dwelling Unit Report {latest available
dated October 31, 2017}, 584 units remain available for allocation in the Village.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a.
b.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
PC RESO NO. 7282 -5-Feb. 27, 2018 Item #7 Page 18 of 63
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d. 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}.
That the That 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 the preparation of
environmental documents pursuant to Section 15332 -In-fill Development Projects of the state
CEQA Guidelines. 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 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.
11 Conditions:
12 NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
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1.
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3.
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grading or building permit, or recordation of the Final Map, whichever occurs first.
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.
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
PC RESO NO. 7282 -6-Feb. 27, 2018 Item #7 Page 19 of 63
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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.
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,
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.
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.
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.
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(n) Tentative Tract Map
and Major Review Permit by Resolution(s) No. 7282 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.
PC RESO NO. 7282 -7-Feb. 27, 2018 Item #7 Page 20 of 63
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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.
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 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
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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 -----
f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _
Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
copy of the Condominium Plan filed with the Department of Real Estate which is in conformance
with the city-approved documents and exhibits.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until all of the units are sold.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
22. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
PC RESO NO. 7282 -9-Feb. 27, 2018 Item #7 Page 22 of 63
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Prior to issuance of building permits, the Developer shall pay to the city an inclusionary housing
in lieu fee as an individual fee on a per market rate dwelling unit basis (total of six (6) units) in
the amount in effect at the time, as established by City Council Resolution from time to time.
Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee
Participation Agreement and pay the established Parking In-Lieu Fee for four (4) parking spaces.
The fee shall be the sum total of the fee per parking space in effect at the time of the building
permit issuance times the number of parking spaces needed to satisfy the project's parking
requirement.
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 (ABC Acoustics, Inc., dated March 22, 2017).
Engineering:
General
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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,
low impact development features, 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.
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.
Fees/ Agreements
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31.
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.
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 apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private raised planters located over proposed
public right-of-way or easements as shown on the tentative map. Developer shall pay processing
fees per the city's latest fee schedule.
PC RESO NO. 7282 -10-Feb. 27, 2018 Item #7 Page 23 of 63
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Grading
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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 as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
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.
Storm Water Quality
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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.
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.
Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing the
use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the City Engineer.
Ded ications/1 m provements
38. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public
street & public utility purposes as shown on the tentative map. The offer shall be made by a
certificate on the final map. If the developer pursues a grading permit prior to final map
approval, the offer shall be made by a separate instrument. 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.
PC RESO NO. 7282 -11-Feb. 27, 2018 Item #7 Page 24 of 63
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The existing utilities easement shall be quitclaimed as shown on the tentative map. The
quitclaim shall be included on the final 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 design all proposed public improvements including but not limited to sewer
laterals, pedestrian ramps, driveway removals, sidewalk, water services/meters, curb drains as
shown on the tentative map. 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
42. Add the following notes to the final map as non-mapping data:
a. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
b. Geotechnical Caution:
i. 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.
c. 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.
d. There are no public park or recreational facilities to be located in whole or in part within this
subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with
section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu
fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the
Carlsbad Municipal Code.
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Utilities
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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.
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 grading
plans.
The developer shall agree to install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on grading plans.
Code Reminders
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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.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the City Engineer.
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.
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 dated December 20, 2017, and shown on the tentative
map are for planning purposes only.
Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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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
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.
PC RESO NO. 7282 -14-Feb. 27, 2018 Item #7 Page 27 of 63