HomeMy WebLinkAbout2019-08-27; City Council; Resolution 2019-151August 27, 2019 Item #9 Page 4 of 93
RESOLUTION NO. 2019-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MINOR SITE DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR A 2,206-SQUARE-FOOT BREWERY AND
TASTING ROOM LOCATED AT 2825 STATE STREET IN THE VILLAGE CENTER
DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PURE PROJECT BREWERY AND TASTING ROOM
CASE NO.: SOP 2019-0002/CUP 2018-0021 (DEV2018-0196)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Carlsbad Municipal Code, the Planning Commission did, on June 19, 2019, hold a
duly noticed public hearing as prescribed by law to consider Minor Site Development Plan SDP 2019-
0002 and Conditional Use Permit No. CUP 2018-0021, as referenced in Planning Commission Resolution
No. 7335; and the Planning Commission adopted Planning Commission Resolution No. 7335
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 Conditional Use 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
Conditional Use 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 Minor Site
Development Plan SOP 2019-0002 and Conditional Use Permit No. CUP 2018-0021, is approved, and
that the findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 7335 on file with the city clerk and incorporated herein by reference, are the findings
and conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
August 27, 2019 Item #9 Page 5 of 93
"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 August 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Schumacher, Hamilton.
NAYS: None.
ABSENT: Bhat-Patel
~ J-/ec-1« Go"11!z ..f,r BARBARA ENGLESON, City Clerk D /.
e~ Ci!)
(SEAL) Cleo{
,,,11111111111,,,,,, ,.~'''o~,,~ CAIIJ'''/1~ ~ ,,..~,.ft~ 1~ ... ·····~···•.~~
l~f~Y~\ \ \~,~/ j ~ •· ... ,,.. ..... •· ;:: ~"··' ..... * ~'-.,;,,1·· ........... ~ ......... ,$! ~ :-'f' •--.'1"6' ,s:, ~,,,,1u,,':!'"""' ,,,,,,,
... •••IIUIIII\\\\
August 27, 2019 Item #9 Page 20 of 93
EXHIBIT 4
PLANNING COMMISSION RESOLUTION NO. 7335
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR SITE
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR A 2,206-
SQUARE-FOOT BREWERY AND TASTING ROOM AND THE PURCHASE OF
ONE (1) PARKING IN-LIEU FEE LOCATED AT 2825 STATE STREET IN THE.
VILLAGE CENTER (VC) DISTRICT OF THE VILLAGE AND BARRIO MASTER
PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PURE PROJECT BREWERY AND TASTING ROOM
CASE NO.: SOP 2019-0002/CUP 2018-0021 (DEV2018-0196)
WHEREAS, Satterly Properties, 110wner'' and Pure Project, LLC, 11Applicant," has filed a verified
application with the City of Carlsbad regarding property described as
Lot 7 and Lot 8 in Block J of town of Carlsbad, in the City of Carlsbad, according to Map
thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2,
1888
(11the Property''); and
WHEREAS, said verified application constitutes a request for a Minor Site Development Plan and
Conditional Use Permit as shown on Exhibit(s) "A" -"F" dated June 19, 2019, on file in the Planning
Division SDP 2019-0002/CUP 2018-0021-PURE PROJECT BREWERY AND TASTING ROOM, as provided
by Chapters 21.06, 21.35 and 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 19, 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 Minor Site
Development Plan and Conditional Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of SDP 2019-0002/CUP 2018-0021 -PURE PROJECT
BREWERY AND TASTING ROOM, based on the following findings and subject to the
following conditions:
August 27, 2019 Item #9 Page 21 of 93
Findings:
Minor Site Development Plan SDP 2019-0002
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code (CMC), and all other applicable provisions of this code, in that the
proposed 2,206-square-foot brewery and tasting room is consistent with the General Plan and
satisfies the minimum requirements of the Village and Barrio Master Plan (VBMP) and Title 21
of the CMC as it relates to the use, parking, access, public facilities and design, as discussed
below and in the project staff report dated June 19, 2019.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing· development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the project proposes to convert 2,206 square feet of an. existing building located on the corner
of Christiansen Way and State Street into a brewery and tasting room in the Village Center (VC)
District of the VBMP. Pursuant to the project description provided by the applicant, the
production of the beer onsite will be limited to fermentation in wooden tanks. The initial stages
of the manufacturing process to brew the unfermented beer will be completed offsite.
Therefore, the potential for odors and the need to dispose of solid waste created by spent-
grains will be eliminated. In addition, exhaust porting to the exterior of the building will not be
required. The properties to the north, south and west are also located within the VC District of
the VBMP and include uses such as a theater, restaurant, commercial retail and an ice cream
shop. In addition, several multi-family residential developments are located within a quarter
mile radius of the property. Given the variety of the surrounding land uses, as well as the fact
that the most intensive component of the brewing process is completed offsite, the proposed
brewery and tasting room will not adversely impact the surrounding land uses. The net increase
in average daily trips (ADTs) associated with the change in use from retail to a brewery with a
tasting room is 52 ADTs. The surrounding streets have adequate capacity to accommodate the
ADTs generated by the project.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the proposed brewery and tasting room will operate in an existing building
previously occupied with a retail use. No additions to the building are proposed to
accommodate the use. In fact, a portion of the building will be removed to create an outdoor
patio.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the proposed brewery and tasting room
will operate in an existing building previously occupied with a retail use. A 3.5-foot-tall open
horizontal wood fence is proposed around the perimeter of the outdoor patio which complies
with the standards of the VBMP and complements the materials of the existing building and the
proposed brewery use.
5. ,hat the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the surrounding streets have adequate capacity
to accommodate the 52 Average Daily Trips (ADTs) generated by the project. In addition, State
Street and Christiansen Way are improved with pavement, curb, gutter and sidewalks.
PC RESO NO. 7335 -2-
August 27, 2019 Item #9 Page 22 of 93
Conditional Use Permit CUP 2018-0021
6. That the requested use_ is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the General Plan, including the Village and
Barrio Master Plan, in that the proposal to convert 2,206-square feet of a 3,725-square~foot
retail building to a brewery with an accessory tasting room and outdoor patio contributes
toward the goal of providing a lively, interesting social environment in the Village. The addition
of a craft brewery complements the surrounding mix of land uses. In addition, the proposed
project is located adjacent to the Carlsbad Village train station, which provides rail and bus
service throughout the day. The project supports walkability and mobility by locating near
residential and commercial land uses.
7. That the requested use is not detrimental to existing uses or to uses specifically permitted in the
zone in which the propose_d use is to be located in that pursuant to the project description
provided by the applicant, the production of the beer onsite will be limited to fermentation in
wooden tanks. The initial stages of the manufacturing process to brew the unfermented beer
will be completed offsite. Therefore, the potential for odors and the need to dispose of solid .
waste created by spent-grains will be eliminated. In addition, exhaust porting to the exterior of
the building will not be required. The surrounding properties are also located within the VC
District of the VBMP and include uses such a"s a theater, restaurant, commercial retail and an
ice cream shop. In addition, several multi-family residential developments are located within a
quarter-mile radius of the property. Given the variety of the surrounding land uses, as well as
the fact that the most intensive component of the brewing process is completed offsite, the
proposed brewery and tasting room will not be detrimental to existing uses or uses permitted ·
in the VC District of the VBMP.
8. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood, in
that the project proposes to convert 2,206 square feet of an existing building located on the
corner of Christiansen Way and State Street into a brewery and tasting room in the Village
Center {VC) District of the VBMP. The remodel is proposed within the existing building
footprint. A portion of the building will be demolished to accommodate the 335 square-foot
outdoor patio. Two parking spaces are existing at the rear of the building, including one
accessible parking stall. One (1) parking in-lieu fee is proposed to be purchased to satisfy the
parking requirement for the intensification in use. A 3.5-foot-tall open horizontal wood fence is
proposed around the perimeter of the outdoor patio which complies with the standards of the
VBMP and complements the materials of the existing building and the proposed brewery use.
9. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use; in that the surrounding streets have adequate capacity to
accommodate the 52 Average Daily Trips (ADT) generated by the project. In addition, State
Street and Christiansen Way are improved with pavement, curb, gutter and sidewalks.
Parking
10. 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 requirements and
findings:
PC RESO NO. 7335 -3-
August 27, 2019 Item #9 Page 23 of 93
General
a. That the Parking In-Lieu Fee Program shall be applicable only to non-residential uses in
specific areas east of the railroad corridor in that the brewery use is non-residential and the
property is located east of the railroad tracks and within the VC District.
b. Only non-residential uses in the VC District {east of the railroad tracks only) and in the VG, FC
and PT districts are eligible to participate in Parking In-Lieu Fee Program in that the proposed
brewery use is non-residential and is located east of the railroad tracks in the VC District.
c. The average occupancy of off-street public parking spaces within a quarter mile radius of the
property boundaries of use requesting to pay the In-Lieu Fee shall be under 85 percent based
on the most recent city-authorized parking study or other information determined acceptable
by the city planner in that based on the most recent data available, which includes the
results of the parking study completed in August 2018 (weekday and weekend), the
maximum average occupancy of the lots located within a quarter mile radius was 78.9
percent (weekday average, 9 AM -9 PM, August 2018).
d. The In-Lieu payment shall always be made for a whole parking space in that the applicant
proposes to purchase one {1) parking in-lieu fee.
e. Fee payment shall not result in a reserved parking space or spaces in that no spaces are
proposed to be reserved.
f. That the use complies with the program's participation restrictions in that it complies with
the above-noted participation requirements.
g. That adequate off-street public parking is available to accommodate the project's parking
demand, based on the city's most recent city-authorized parking study or other information
in that a total of five (5) public parking lots and 274 parking spaces are located within a
quarter mile radius of the property. Based on the most recent data available, which
includes the results of the parking study completed in August 2018 {weekday and weekend),
the maximum average occupancy of the lots located within a quarter mile radius was 78.9
percent (weekday average, 9 AM -9PM, August 2018). This maximum average occupancy
allows for the continued implementation of the parking in-lieu fee program because it is
less than the average 85% threshold for maximum utilization set by the City Council.
Therefore, adequate parking is available within the Village to accommodate the project's
parking demands.
h. That the In-Lieu Fee Program has not been suspended or terminated by the City Council in
that the In-Lieu Fee Program remains in effect.
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 and Barrio
Master Plan, based on the facts set forth in the staff report dated June 19, 2019 including, but
not limited to the following:
a. Land Use & Community Design -The proposal to convert 2,206 square feet of a 3,725-
square-foot retail building to a brewery with an accessory tasting room and outdoor
patio contributes toward the goal of providing a lively, interesting social environment
PC RESO NO. 7335 -4-
August 27, 2019 Item #9 Page 24 of 93
in the Village. The addition of a craft brewery complements the surrounding mix of land
uses, which includes multi-family residential units, a theater, retail stores, restaurants
and an ice cream shop.
b. Mobility -The applicant is required to pay traffic impact fees for the intensification in
use prior to the issuance of building permits that would go toward future road
improvements. The proposed project is located adjacent to the Carlsbad Village train
station, which provides rail and bus service throughout the day. The project supports
walkability and mobility by locating near residential and commercial land uses. Bicycle
racks are proposed as a component of the proposed project. In addition, street trees
are existing in the sidewalk adjacent to Christiansen Way.
c. Public Safety -The proposed structural improvements would be required to meet all
seismic design standards. The Fire Department approved the project and indicated that
fire sprinklers are not required for an occupant load less than 100. Therefore, the
proposed project is consistent with the applicable fire safety req~irements. In addition,
the Police Department has approved the proposed brewery use. The project would be
required to develop and implement a program of "best management practices" for the
elimination and reduction of pollutants which enter and/or are transported within
storm drainage facilities. The project has been conditioned to pay all applicable public
facilities fees for Zone 1.
d. Village Center (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 di.scussed in the project staff report and
Attachment 4. The project is not requesting any deviations to the development
standards and the purchase of one (1) parking in-lieu fee satisfies the parking
requirement.
12. The project is consistent wi.th 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 Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
b. 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.
13. 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.
14. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
PC RESO NO. 7335 -5-
August 27, 2019 Item #9 Page 25 of 93
15. 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.
16. 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 15303, New Construction or Conversion of Small Structures, 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.
17. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of the
building permit.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Minor Site Development Plan
and Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan and Conditional Use Permit documents, as
necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval· or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
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 Minor Site Development Plan and Conditional Use
PC RESO NO. n3s -6-
August 27, 2019 Item #9 Page 26 of 93
Permit, (b) city's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
installation and operation of the facility permitted hereby, including without limitation, any and
all liabilities arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the city's approval is not validated.
6. 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.
7. 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.
8. 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.
9. 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 Lcical 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.
10. Prior to the issuance of the approval of the building permit, Developer shall submit to the city a
Notice of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n)
Minor Site Development Plan and Conditional Use Permit by Resolution(s) No. 7335 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.
11. 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.
12. 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.
13. 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! parking space. The
fee shall be the total of the fee per parking space in effect at the time of the building permit
PC RESO NO. 7335 -7-
August 27, 2019 Item #9 Page 27 of 93
issuance times the number of parking spaces needed to satisfy the project's parking
requirement (1 space total).
Engineering
General
14. 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.
15. 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.
16. Prior to issuance of the building permit, the developer shall complete the processing of a lot line
adjustment between Lot 7 and Lot 8 of Map No. 535.
Storm Water Quality
17. 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.
18. 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.
19. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate.all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
20. Prior to any work or equipment staging 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.
Utilities
21. 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
PC RESO NO. 7335 -8-
August 27, 2019 Item #9 Page 28 of 93
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
22. Sizes and locations of water service, water meter, and backflow preventer shall be shown on
the building plans and shall be provided and justified to the satisfaction of the district engineer
and city engineer. The locations and sizes of said services shall be reflected on public
improvement plans.
23. Sizes and locations of sewer laterals shall be shown on the building plans and shall be provided
and justified to the satisfaction of the district engineer and city engineer. The locations and
sizes of the sewer laterals shall be reflected on public improvement plans.
Code Reminders
24. 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.
25. 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.
26. . Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
27. 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.
28. 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.
29. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
30. Any signs proposed for this development shall at a minimum be designed in conformance with
the Village and Barrio Master Plan and shall require review and approval of the City Planner prior
to installation of such signs. ·
31. 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. If 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 of Title 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.
PC RESO NO. 7335 -9-
August 27, 2019 Item #9 Page 29 of 93
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 June 19, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Geidner, Meenes, Merz, and Stine
NOES: Commissioner Lafferty
ABSENT: Commissioner Anderson
ABSTAIN:
CAROLYN LUNA, airperson
CARLSBAD PLANNING COMMISSION
ATTEST:
TERI DELCAMP
Principal Planner
PC RESO NO. 7335 -10-