HomeMy WebLinkAbout2019-06-25; City Council; Resolution 2019-109RESOLUTION NO. 2019-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND SITE
DEVELOPMENT PLAN TO CONSTRUCT AN EIGHT-UNIT, RESIDENTIAL AIR-
SPACE CONDOMINIUM PROJECT ON A 0.25-ACRE SITE LOCATED AT 2646
STREET IN THE VILLAGE CENTER (VC) DISTRICT OF THE VILLAGE AND
BARRIO MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: THE SEAGLASS
CASE NO.: CT 2018-0004/SDP 2018-0021 (DEV2017-0236)
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 April 17, 2019, hold a duly
noticed public hearing as prescribed by law to consider Tentative Tract Map No. CT 2018-0004 and Site
Development Plan No. SOP 2018-0021, as referenced in Planning Commission Resolution No. 7330; and
the Planning Commission adopted Planning Commission Resolution No. 7330 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 Site Development Plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the Tentative
Tract Map and Site Development Plan.
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. CT 2018-0004 and Site Development Plan No. SOP 2018-0021, is approved, and that,
with exception to Condition No. 23 of Planning Commission Resolution No. 7330, the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 7330 on file
with the City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
3. That Condition No. 23 of Planning Commission Resolution No. 7330 is superseded by
Condition Nos. 4 and 5 below.
June 25, 2019 Item #12 Page 4 of 73
4. Prior to the approval of the final map for any phase of this project, or where a map is
not being processed, prior to the issuance of building permits for any lots or units, the Developer shall
enter into an Affordable Housing Agreement with the city to provide and deed restrict one (1) dwelling
unit as affordable to lower-income households, in accordance with the requirements and process set
forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall
be submitted to the City Planner no later than 60 days prior to the request to final the map. The
recorded Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
5. Developer shall construct one (1) inclusionary unit concurrent with the project's market
rate units, unless both the final decision-making authority of the city and the Developer agree within
an Affordable Housing Agreement to an alternate schedule for development.
6. 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.
June 25, 2019 Item #12 Page 5 of 73
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 25th day of June, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
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June 25, 2019 Item #12 Page 6 of 73
EXHIBIT 2
NOT TO SCALE
SITE MAP
The Seaglass
CT 2018-0004 / SOP 2018-0021
June 25, 2019 Item #12 Page 7 of 73
PLANNING COMMISSION RESOLUTION NO. 7330
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP AND SITE DEVELOPMENT PLAN TO CONSTRUCT AN EIGHT-
UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.25-ACRE
SITE LOCATED AT 2646 STATE STREET IN THE VILLAGE CENTER (VC)
DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: THE SEAGLASS
CASE NO.: CT 2018-0004/SDP 2018-0021 (DEV2017-0236)
EXHIBIT 3
WHEREAS, 2646 Sea Glass, LLC, "Developer/Owner," has filed a verified application with the City
of Carlsbad regarding property described as
The Southwesterly 175 feet of the Northwesterly half of Lot 25 of Seaside Lands, in the
City of Carlsbad, County of San Diego, State of California, according to Map thereof No.
1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Site
Development Plan as shown on Exhibit(s) "A" -"X" dated April 17, 2019, on file in the Planning Division
. CT 2018-0004/SDP 2018-0021 -THE SEAGLASS, as provided by Chapters 20.12, 21.06, and 21.35 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 17, 2019, 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 Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CT 2018-0004/SDP 2018-0021 -THE SEAGLASS, based on
the following findings and subject to the following conditions:
Findings:
June 25, 2019 Item #12 Page 8 of 73
Tentative Tract Map CT 2018-0004
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the proposed one-lot tentative tract
map for an eight-unit residential air-space condominium subdivision is consistent with the
General Plan as described below and satisfies all minimum requirements of the Village and
Barrio Master Plan (VBMP), as well as Titles 20 and 21 of the Carlsbad Municipal Code (CMC)
with respect to the use, public facilities, access, parking and setbacks, as discussed below and
in the project staff report dated April 17, 2019.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed, are currently designated as Village-Barrio (VB) in the General Plan
and located in the Village Center (VC) or Village General (VG) Districts of the VBMP. The subject
property, located in the VC District, is bordered to the north by a recreational vehicle
community, to the so_uth by a graphic design office, to the west by a hair salon and a restaurant,
and to the east by a parking lot for a property management office. The adjacent properties to
the north, south, and west are also located within the VC District of the VBMP. The property to
the east is located within the Village General (VG) District of the VBMP. Residential uses located
on State Street and north of Beech Avenue are permitted by right in the VC District. Given the
variety of existing uses within the vicinity of the project site, which include four-story residential
developments and two restaurants, as well as the wide variety of uses permitted in the
surrounding VC and VG districts, the proposed eight-unit residential air-space condominium
project is compatible with existing and future land uses.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that the VC District within the VBMP allows residential development at a density range of 28 to
35 dwelling units per acre. Based on a net acreage of 0.25 acres, the proposed eight-unit
residential condominium project has a density of 32 dwelling units per acre. As the proposed
project falls within the allowable density range and meets all required development standards,
the project site can accommodate the proposed density.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are nq conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures have been designed to
include operable windows where practicable 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 project is
PC RESO NO. 7330 -2-
June 25, 2019 Item #12 Page 9 of 73
conditioned to require the applicant to purchase one (1) affordable housing credit from the
Tavarua senior affordable apartments located in the Northwest Quadrant of the city.
8. 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 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.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City's sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System {NPDES} requirements.
Site Development Plan SDP 2018-0021
10. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposed
one-lot tentative tract map for an eight-unit residential air-space condominium subdivision is
consistent with the General Plan as described below and satisfies the minimum requirements
of the Village and Barrio Master Plan, and Titles 20 and 21 of the CMC with respect to public
facilities, access and parking, as discussed below and in the project staff report dated April 17,
2019.
11. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the project consists of the demolition of an existing single-family home and the construction of
an eight-unit residential air-space condominium project on a 0.25-acre infill site located at 2646
State Street, within the VC District of the VBMP. Residential uses located on State Street and
north of Beech .Avenue are permitted by right in the VC District. The adjacent properties to the
north, south and west are located within the VC District of the VBMP. The property to the east
is located within the VG District of the VBMP. Given the variety of uses allowed in the
surrounding VC and VG districts, as well as the existing four-story residential development to
the southwest, the proposed eight-unit, four-story residential air-space condominium project
is compatible with existing and future land uses. The eight-unit residential air-space
condominium project will not adversely impact the site, surroundings, or traffic circulation in
that the existing surrounding streets have adequate capacity to accommodate the 64 Average
Daily Trips (ADT} generated by the project. The project complies with all minimum development
standards of the VC District and the VBMP, and the project is adequately parked on-site and
does not result in any significant environmental impacts.
12. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the VC District within the VBMP allows residential development at a density
range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.25 acres, the proposed
eight-unit residential condominium project has a density of 32 dwelling units per acre. As the
proposed project falls within the allowable dimsity range and meets all required development
standard~, the project will accommodate the proposed density.
PC RESO NO. 7330 -3-
June 25, 2019 Item #12 Page 10 of 73
13. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
r!=!quested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that as demonstrated in the project staff
report, the eight-unit residential air-space condominium project complies with all development
standards (i.e. setbacks, lot coverage, parking, and height restrictions) of the VC District and the
VBMP. Landscaping along the perimeter of the property, including the areas along State Street,
will be provided consistent with the requirements of the city's Landscape Manual. In addition
to the above, privacy fences will be provided or maintained.
14. That the street systems serving the proposed development or use is adequate to properly handle ·
all traffic generated by the proposed use, in that the eight-unit residential air-space
condominium project will take access from State Street, which is identified as a Village Street,
and is designed to adequately handle the 64 Average Daily Trips (ADT) generated by the project.
State Street is improved with pavement, curb, gutter and sidewalks. The project will
reconstruct porti9ns of the curb, gutter and sidewalk along the project frontage due to the
modification of the driveway.
City Council Policy No. 43, Allocation for Excess Dwelling Units
15. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned us.es in that the surrounding properties are
developed, are currently designated as VB in the General Plan and located in the VC or VG
Districts of the Village and Barrio Master Plan. The subject property, located in the VC District,
is bordered to the north by a recreational vehicle community, to the south by a graphic design
office, to the east by a parking lot for a property management office, and to the west by a hair
salon and a restaurant. The adjacent properties to the north, south and west are located within
the VC District of the VBMP. The property to the east is located within the VG District of the
VBMP. Given the variety of uses allowed in the surrounding VC and VG districts, the proposed
eight-unit air-space condominium project is compatible with existing and future land uses.
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 VC District within the
VBMP allows residential development at a density range of 28 to 35 dwelling units per acre.
Based on a net acreage of 0.25 acres, the proposed eight-unit residential condominium units
have a density of 32 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 the
General Plan and VBMP.
17. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to
allocate seven (7) units (net unit increase on-site). Per the city's Quadrant Dwelling Unit Report
dated February 28, 2019, less recent allocations, 567 units remain available for allocation in the
Village.
General
18. 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 and Barrio
Master Plan, based on the facts set forth in the staff report dated April 17, 2019 including, but
not limited to the following:
PC RESO NO. 7330 -4-
June 25, 2019 Item #12 Page 11 of 73
a. Land Use -The proposal to construct eight (8) residential condominiums would enhance the
vitality of the Village by providing new residential 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, restaurants, recreation, and mass
transit functions. The project's proximity to existing bus routes and mass transit helps
further the goal of providing new economic development near transportation corridors.
Overall, the residential project would contribute toward the revitalization of the Village area.
b. Mobility-The proposed project has been designed to meet circulation requirements, which
include maintaining or enhancing frontage improvements consisting of sidewalks and
landscaping. In addition, the applicant is required to pay traffic impact fees prior to the
issuance of building permits that would go toward future road improvements. The proposed
project is located approximately one-quarter mile from the Carlsbad Village 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.
c. Noise -The proposed project is consistent with the Noise Element of the General Plan in
that the building's design, with the windows closed, mechanical ventilation and a minimum
STC rating of 30 for the windows, complies with the requirements of the noise analysis
report (Veneklasen Associates, dated April 15, 2018) and adequately attenuates the interior
noise levels for the new condominiums to 45 dB(a) CNEL or less (i.e., interior average noise
level). The project is conditioned to provide mechanical ventilation and windows with a
minimum STC rating of 30.
d. Housing -As eight (8) units are proposed, not less than 15 percent of the total units or one
(1) unit shall be constructed and restricted both as to occupancy and affordability to lower-
income households. Pursuant to CMC Section 21.85.070, when new construction is
determined to be infeasible or present a hardship, alternatives to the construction of a unit
onsite include a contribution to a special needs housing project or program. On February
13, 2018, the city's Housing Policy Team recommended approval of the applicant's request
to purchase one (1) affordable housing credit from the Tavarua senior affordable
apartments located in the Northwest Quadrant of the city. The project has been
conditioned to purchase one (1) affordable housing credit prior to issuance of the building
permit.
e. Public Safety-The proposed structural improvements would be required to meet all seismic
design standards. The Fire Department has approved an Alternative Materials and Method
Request (AM&M) which includes an upgraded fire sprinkler system in-lieu of providing a
Fire Department turn-around onsite. Therefore, the proposed project is consistent with 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.
f. VC District Standards -The project as designed is consistent with the development
standards for the VC District, the VBMP Design Guidelines and all other applicable
regulations set forth in the VBMP as discussed in the project staff report and Attachment 4.
PC RESO NO. 7330 -5-
June 25, 2019 Item #12 Page 12 of 73
The project is not requesting any deviations to the development standards and all required
parking is located on-site.
19. 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. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. 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.
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.
20. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
21. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
22. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted city standards.
23. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
24. 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 exa_ctions 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 issuance of a
grading or building permit, or approval of the Final Map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
PC RESO NO. 7330 -6-
June 25, 2019 Item #12 Page 13 of 73
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 Site
Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Site Development Plan documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Gove_rnment Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Tentative Tract Map and Site Development Plan, (b)
city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the city's approval is not validated.
6. 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.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone l Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
PC RESO NO. 7330 -7-
June 25, 2019 Item #12 Page 14 of 73
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building _permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the G_eneral Plan and shall
become void.
12. Prior to the issuance of the approval 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 Site Development Plan by Resolution(s) No. 7330 on the property. Said Notice of
Restriction shall note the property description, location cif 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.
13. The project is subject to the Prescriptive Compliance Option (PCO) of the City of Carlsbad's
Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown
on the PCO plan approved as part of this project and on file in the Planning Division. Prior to
issuance of a building permit, Developer shall submit an application pursuant to the landscape
plancheck process on file in the Planning Division; however, no landscape plans are required, and
Developer shall only be responsible to pay the landscape inspection fee, with said application. The
approved PCO plan will be utilized by the city as part of the project's final inspection process.
14. 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 P-lanner 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.
PC RESO NO. 7330 -8-
June 25, 2019 Item #12 Page 15 of 73
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 Association1s Easements within the period
specified by the Citys 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 Association1s Easements. The City shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the City will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six-percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
City, the City may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____ _
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 ___ _
15. 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. Should
the City Council adopt an ordinance that would perm.it rental of the units for less than 31 days,
this condition shall be null and void.
16. 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.
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17. 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 it is determined that the air conditioning equipment
is visible, a parapet screen shall be installed around the units prior to issuance of occupancy, to
the satisfaction of the City Planner.
18. 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.
19. 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.
20. 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.·
21. No outdoor storage of materials shall occur orisite 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.
· 23. Prior to issuance of the building permit, the Developer shall purchase one (1) inclusionary
housing credit from the Tavarua senior affordable apartments located in the Northwest
Quadrant of the city. The individual credit shall be the amount in effect at the time, as
established by City Council Resolution from time to time.
24. Mechanical ventilation for each unit and windows with a minimum STC rating of 30 shall be
shown on the plans submitted for building permit since windows are required to be closed to
· meet the maximum 45 dB(a) CNEL interior noise level.
Engineering
General
25. 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.
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26. 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.
27. 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 driveway, utilities,
landscaping, lighting, enhanced paving, low impact design features and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner among
the owners of the properties within this subdivision.
28. Developer shall i.nclude rain gutters on the building plans subject to the city engineer's review and
appr_oval. Developer shall install rain gutters in accordance with said plans.
29. 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.
30. Developer shall install s.ight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/ Agreements
31. 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.
32. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Grading
33. 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.
34. Prior to approval of the grading plan, the applicant 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, material deliveries,
bathroom facilities, parking of construction vehicles, employee parking, construction fencing
and gates, obtaining any necessary permission for off-site encroachment, addressing
pedestrian safety, a'nd identifying time restrictions for various construction activities. All
material staging, construction trailers, bathroom facilities, etc. shall be located outside the
public right-of-way unless otherwise approved by the city engineer or the Construction
Management & Inspection engineering manager.
Storm Water Quality
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35. 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.
36. 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.
37. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.} incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
38. 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 mar:iagement 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.
Dedications/Improvements
39. Developer shall cause owner to dedicate to the city an easement for public pedestrian access
purposes as shown on the tentative map. The offer shall be made by a certificate on the final map
or separate recorded document. 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.
40. Developer shall cause owner to dedicate to Carlsbad Municipal Water District an easement for
water purposes as shown on the tentative map. The offer shall be made by a certificate on the
final map or separate recorded document. 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.
41. 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.
42. Prior to any work in city right-of-way or public easements, developer shall apply for and obtain
a right-of-way permit to the satisfaction of the city engineer.
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43. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative map. Said improvements shall be installed to city standards
to the satisfaction of the city engineer. These improvements include, but are not limited to:
a. Frontage improvements along State Street including curb, gutter, sidewalk and street
light.
b. Water service and meter.
c. Sewer manhole and lateral.
d. Fire service lateral.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
44. Developer shall ensure utility transformers or raised water backflow preventers that serve this
development are located outside the right-of-way as shown on the tentative map and to the
satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
45. Add the following notes to the final map as non~mapping data:
a. Developer has executed a city standard (SUBDIVISION/DEVELOPMENT) Improvement
Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install
public improvements shown on the tentative map. These improvements include, but are
not limited to:
i. Frontage improvements along State Street including curb, gutter, sidewalk and
street light.
ii. Water service and meter.
iii. Sewer manhole and lateral.
iv. Fire servicefateral.
b. Building permits will not be issued for development of the subject property unless the
appropriate· agency determines that sewer and water facilities are available.
c. Geotechnical Caution: 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.
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Utilities
46.
47.
48.
d.
e.
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.
f. 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.
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 public
improvement 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 public improvement plans.
49. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the district engineer
and city engineer.
50. The potable water service for this project shall be master-metered which shall be located within
a water easement subject to approval by the district engineer. Developer shall install private
sub-meters as necessary for all proposed units in the building. Final meter design, backflow
preventer, size and manufacturer shall be provided to the satisfaction of the district engineer
and shown on the grading plans.
Code Reminders
51. 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.
52. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
PC RESO NO. 7330 -14-
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L !' I
June 25, 2019 Item #12 Page 21 of 73
53. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
54. 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.
55. Prior to the ·issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No.17.
56. 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.
57. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code.
58. 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.
59. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
60. Developer acknowledges new forthcoming requirements related to the city's Climate Action
Plan (CAP) will likely impact development requirements of this project, and may be different
than what is proposed on the project plans or in the project's CAP Checklist. Developer
acknowledges the new CAP requirements are related to energy efficiency, photovoltaic, electric
vehicle charging, water heating and traffic demand management requirements, as set forth in
City Council Ordinance Nos. CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No.
2019-024, are available on the city's website. CAP requirements may impact, but are not limited
to, site design and local building code requirements. -,f incorporating new CAP requirements
results in substantial modifications to the project, then prior to issuance of development
permits, Developer may be required to submit and receive approval of a Consistency
Determination or Amendment for this project through the Planning Division. Once adopted as
part ofTitle 18 and in effect, compliance with the new CAP requirements must be demonstrated
on or with the construction plans prior to issuance of the applicable development permits.
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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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on April 17, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Anderson, Geidner, Lafferty, and Merz
NOES:
ABSENT: Commissioner Meenes
ABSTAIN: Commissioner Stine
CAROLYN LUNA, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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June 25, 2019 Item #12 Page 23 of 73
(i) PLANNING COMMISSION .
· Staff Report EXHIBIT 4
ltemNo. 0
P.C. AGENDA OF: April 17, 2019
Application complete date: July 5, 2018
Project Planner: Shannon Harker
Project Engineer: Tim Carroll
SUBJECT: CT 2018-0004/SDP 2018-0021 (DEV2017-0236) -THE SEAGLASS -Request for a
recommendation of approval of a Tentative Tract Map and Site Development Plan to
construct an eight-unit, residential air-space condominium project on a 0.25-acre site
located at 2646 State Street in the Village Center (VC) District of the Village and Barrio
Master Plan and within Local Facilities Management Zone 1. The City Planner has
determined that this 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 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.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7330 RECOMMENDING
APPROVAL of Tentative Tract Map CT 2018-0004 and Site Development Plan SDP 2018-0021 to the City
Council based on the findings and subject to the conditions contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
Project Setting:
The 0.25-acre site is located on the east side of State Street, between Lagun'a Drive to the north and Beech
Avenue to the south. The property is developed with a vacant single-family home constructed in 1928.
The site is generally flat and slopes from a high point of 40 feet above mean sea level (MSL) along the
eastern property line to 37 feet above MSL along the western property line. The project is located outside
of the Coastal Zone and within the Village Center (VC) District of the Village and Barrio Master Plan
(VBMP).
Table A below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE A-SITE AND SURROUNDING LAND USE
Location General Plan Designation Zoning Current Land Use
Village/Barrio (VB) Village/Barrio (V-B) -Vacant single-family home
Site Village Center (VC)
District
Village/Barrio (VB) Village/Barrio (V-B) -Recreational vehicle
North Village Center (VC) community
District
June 25, 2019 Item #12 Page 24 of 73