HomeMy WebLinkAbout2020-01-28; City Council; Resolution 2020-028RESOLUTION NO. 2020-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND SITE
DEVELOPMENT PLAN TO CONSTRUCT A FOUR-STORY MIXED-USE BUILDING
WITH SEVEN AIR-SPACE CONDOMINIUMS CONSISTING OF SIX RESIDENTIAL
UNITS AND ONE COMMERCIAL UNIT ON A 0.21-ACRE SITE LOCATED AT 786
GRAND AVENUE IN THE VILLAGE CENTER (VC) DISTRICT OF THE VILLAGE
AND BARRIO MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: GRAND JEFFERSON
CASE NO.: CT 2018-0008 / SDP 2018-0010 (DEV2018-0055)
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 Oct. 2, 2019, and Oct. 16, 2019,
hold duly noticed public hearings as prescribed by law to consider Tentative Tract Map CT 2018-0008
and Site Development Plan SDP 2018-0010, as referenced in Planning Commission Resolution No. 7347;
and the Planning Commission adopted Resolution No. 7347 recommending to the City Council that
they be approved; and
WHEREAS, the City Council ofthe 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 CT 2018-0008 and Site Development Plan SDP 2018-0010, are adopted and approved, and
that_the findings and conditions of the Planning Commission contained in Planning Commission
Resolution No. 7347 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 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
Jan. 28, 2020 Item #12 Page 4 of 125
"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 28th day of January 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel.
NAYS: Schumacher
ABSENT: None.
Jan. 28, 2020 Item #12 Page 5 of 125
PLANNING COMMISSION RESOLUTION NO. 7347
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 A FOUR-
STORY MIXED-USE BUILDING. WITH SEVEN AIR-SPACE CONDOMINIUMS
CONSISTING OF SIX RESIDENTIAL UNITS AND ONE COMMERCIAL UNIT ON
A 0.21-ACRE SITE LOCATED AT 786 GRAND AVENUE IN THE VILLAGE
CENTER (Ve) DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: GRAND JEFFERSON
CASE NO.: CT2018-0008/SDP 2018-0010 (DEV2018-0055)
Exhibit 4
WHEREAS, RREG Investment, LLC Series 1033, "Developer/Owner," has filed a verified
. application with the City of Carlsbad regarding property described as
All of Lots 13, 14, 15 and 16 in Block 50 of Carlsbad Townsite, in the City of Carlsbad,
County of San Diego, State of California, according to the map thereof No. 535, filed in
the Office of the County Recorder of San Diego County, May 2, 1888, excepting
therefrom, the southwesterly 50 feet thereof
("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 October 2, 2019, on file in the Planning Division
CT 2018-0008/SDP 2018-0010-GRAND JEFFERSON, as provided by Title 2b and Chapters 21.06 and 21.35
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 16, 2019, hold a duly noticed public hearing
as prescribed by law to consider said r~quest; 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 2018-0008/SDP WlS-0010-GRAND JEFFERSON, based
on the following findings and subject to the following conditions:
Jan. 28, 2020 Item #12 Page 39 of 125
Findings:
Tentative Tract Map CT 2018-0008
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 with seven air-space condominium units consisting of six (6) residential units and one (1)
commercial unit satisfies all minimum requirements of Titles 20 and 21 with respect to uses,
public facilities, access, parking and setbacks; and is consistent with the General Plan as
described below and in the project staff report dated October 2, 2019. Pursuant to provisions
of the Village and Barrio Master Plan (VBMP), a standards modification is required to meet the
minimum density for the proposed mixed-use project as it relates to ground floor street
frontage uses along Jefferson Street. The findings for approval to support this modification can
be made as provided below.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed, are currently designated as Village-Barrio (V-B) in the General Plan
and located in the Village Center (VC) District of the Village and Barrio Master Plan (VBMP). The
subject property, located in the VC District, is bordered to the north by one-story single-family
residential and multi-story professional offices, to the south ~Y multi-story professional offices,
to the west by a medical office and restaurant, and to the east by medical office and three-story
multiple-family residential. The adjacent properties are also located withfn the VC District of
the VBMP. Mixed-use is permitted by right in the VC District. Given the variety of existing uses
within the vicinity of the project site, which include multi-story residential and office
developments, as well as the wide variety of uses permitted in the surrounding VC District, the
proposed seven air-space condominium units, consisting of six (6) residential units and one (1)
commercial unit, are 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 Village Center District, within the Village and Barrio Master Plan, allows residential
development at a density range of 28 _to 35 dwelling units per acre. Based on an acreage of 0.21
acres, the proposed six-unit residential condominium project has a density of 28.6 dwelling
units per acre. As the proposed project falls within the allowable density range and meets all
required development standards with the proposed standards modifica_tion, 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 estab lished by cou rt judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures have been designed to
PC RESO NO. 7347 -2-Jan. 28, 2020 Item #12 Page 40 of 125
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 proposed
six-unit residential project is conditioned to pay an inclusionary housing fee for five units, or six
units if building permits for the six-unit project have not been applied for within two-years of
demolishing the existing single-family home.
8. That the design of the subdivisio,n 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 SOP 2018-0010
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 with seven. air-space condominium units consisting of six (6)
residential units and one (1) commercial unit satisfies all minimum requirements of Titles 20
and 21 with respect to uses, public facilities, access, parking and setbacks; and is consistent with
the General Plan as described below and in the project staff report dated October 2, 2019.
Pursuant to provisions of the Village and Barrio Master Plan (VBMP), a standards modification
is required to meet the minimum density for'the proposed mixed-use project as it relates to
ground floor street frontage uses along Jefferson Street. The findings for approval to support
this modification can be made as provided below.
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 one-story structure (single-family residence
operating as a small day care home) and the construction of a four-story mixed-use building
with seven air-space condominiums consisting of six residential units and one commercial unit
on a 0.21-acre infill site located at 786 Grand Avenue, within the Village Center (VC) District of
the Village and Barrio Master Plan (VBMP). The subject property is. bordered to the north by
one-story single-family residential and multi-story professional offices, to the south by multi-
story professional offices, to the west by a medical office and restaurant, and to the east by
medical office and three-story multiple-family residential. The adjacent properties are also
located within the VC District of the VBMP. Mixed-use is permitted by right in the VC District.
Given the variety of existing uses within the vichiity of the project site, which include multi-
story residential and office developments, as well as the wide variety of uses permitted in the
PC RESO NO. 7347 -3-Jan. 28, 2020 Item #12 Page 41 of 125
surrounding VC District, the proposed seven air-space condominium units, consisting of six (6)
residential units and one (1) commercial unit, are compatible with existing and future lancl uses.
The proposed mixed-use project will not adversely impact the site, surroundings, or traffic
circulation in that the existing surrounding streets have adequate capacity to accommodate the
121 Average Daily Trips (ADT} generated by the project, which is a net increase of only 36 ADT
above the previous small day care use. With exception of a standards modification related to
ground floor street frontage uses along Jefferson Street, 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 Village Center District, within the Village and Barrio Master Plan, allows
residential development at a density range of 28 to 35 dwelling units per acre. Based on an
acreage of 0.21 acres, the proposed six-unit residential condominium project has a density of
28.6 dwelling units per acre. As the proposed project falls within the allowable density range
and meets all required development standards with the proposed standards modification, the
project site can accommodate the proposed density.
13. 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 as demonstrated in the project staff
report, the mixed-use project complies with all development standards (i.e. setbacks, lot
coverage, parking, and height restricti'ons) of the Village Center District and the Village and
Barrio Master Plan with the proposed standards modification. The landscaping proposed along
Grand Avenue and Jefferson Street will be provided consistent with the requirements of the
city's Landscape Manual.
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 mixed-use project will take access from
Jefferson Street, which is identified as a Village Street. Jefferson Street is designed to
adequately handle the 121 Average Daily Trips (ADT) generated by the project, which is a net
increase of 36 ADT above the existing day care use. Jefferson Street is improved with pavement,
curb, gutter, and attached sidewalk. The project will reconstruct portions of the curb, gutter
and sidewalk along the project frontage to accommodate project access into an at-grade
parking garage and landscaping and street trees within a new five-foot-wide parkway.
Village and Barrio Master Plan, Standards Modification, Ground Floor Street Frontage Uses
15. That the applicant has provided acceptable evidence to demonstrate the need for the standards
modification and there is no other way to reasonably achieve one or more of the purposes
outlined in Sect ion 2.6.7.B without the modification in that the addition of retail frontage along
80 percent of the Jefferson Street frontage, absent an alley to access required parking behind
the building, is not feasible because the lot cannot accommodate the required parking to
achieve the tninimum density for the site.
16. That the standards modification is consistent with the goals and objectives of the Master Plan and
the vision and intent of the applicable district in that a primary goal of the Village and Barrio
Master Plan (VBMP) is to maintain and enhance the Village as a community focal point with
high quality shopping, dining, entertainment, working and living environments. The proposed
standards modification achieves this goal by allowing the minimum density specified in the
PC RESO NO. 7347 -4-Jan. 28, 2020 Item #12 Page 42 of 125
VBMP while still providing sufficient ground floor retail to achieve the desired high quality.
commercial and living environment. Furthermore, the standards modification allows for the
projectto provide a continuous and interesting commercial street frontage along Grand Avenue
consistent with the VBMP placemaking goal of creating great streets and the placemaking policy
of implementing the Grand Avenue Promenade with continuous commercial street frontage
along Grand Avenue, which necessitates vehicular and residential access off Jefferson Street
absent an alley.
City Council Policy No. 43, Allocation for Excess Dwelling Units
17. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the surrounding properties
developed, are currently designated as Village-Barrio (V-B) in the General Plan and located in
the Village Center (VC) District of the Village and Barrio Master Plan (VBMP). The subject
property, located in the VC District, is bordered to the north by one-story single-family
residential and multi-story professional offices, to the south by multi-story professional offices,
to the west by a medical office and restaurant, and to the east by medical office and three-story
multiple-family residential. The adjacent properties are also located within the VC District of
the VBMP. Mixed-use is permitted by right in the VC District. Given the variety of existing uses
within the vicinity of the project site, which include multi-story residential and office
developments, as well as the wide variety of uses permitted in the surrounding VC District, the
proposed .seven air-space condominium.units, consisting of six (6) residential units and one (1)
commercial unit, are compatible with existing and future land uses.
18. That the project location and density are in accordance with the appli_cable provisions of the
General Plan and any other applicable planning document, in that the Village Center District,
within the Village and Barrio Master Plan (VBMP), allows residential development at a density
range of 28 to 35 dwelling units per acre. Based on an acreage of 0.21 acres, the proposed six-
unit residential condominium project has a density of 28.6 dwelling units per acre. As the
proposed project falls within the allowable density range and meets all required development
standards with the proposed standards modification, the project is consistent with the General
Plan arid VBMP.
19. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to
allocate five (S) units (net unit increase on-site). Per the city's Quadrant Dwelling Unit Report
dated July 31, 2019, less any recent allocations, 546 units remain available for allocation in the
Village.
General
20. 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 October 2, 2019 including, but
not limited to the following:
a. Land Use -The proposal to construct a mixed-use project with six (6) residential
condominiums and ground floor retail would enhance the vitality of the Village by providing
new residential and commercial land uses near the downtown core area. The project
reinforces the pedestrian orientation desired for the downtown area by providing residents
an opportunity to walk to shopping, restaurants, recreation, and mass transit functions; The
PC RESO NO. 7347 -5-Jan. 28, 2020 Item #12 Page 43 of 125
project's proximity to existing bus routes and mass transit help further the goal of providing
new economic development near transportation corridors. Overall, the mixed-use 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 the 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 windows closed, complies with the requirements of the
noise study (Birdseye Planning Group, LLC, dated September 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.
d. Housing -The inclusionary housing requirement may be satisfied through the payment of
an in-lieu fee for projects that have less than seven units. The six-unit residential air-space
condominium project is consistent with the Housing Element of the General Plan and the
lnclusionary Housing Ordinance as the project has been conditioned to pay· an affordable
housing in-lieu fee on a per unit basis prior to building permit issuance for five units, or six
units if building permits for the six-unit project have not been applied for within two years
of demolishing the existing single-family home on-site.
e. Public Safety-The proposed structural improvements would be required to meet all seismic
design standards. The Fire Department has reviewed and approved the proposed
conceptual building design with fire sprinklers included throughout the building along with
a wet standpipe per the National Fire Protection Association (NFPA) 24 standards.
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 and/or are
transported within storm drainage facilities. The project has been conditioned to pay all
applicable public facilities fees for Zone 1.
f. Village Center (VC) District Standards -The project as designed, with exception to a
standards modification associated with ground floor street frontage uses, is consistent with
the development standards for the VC District, the Village and Barrio Master Plan (VBMP)
Design Guidelines and all other applicable regulations set forth in the VBMP as discussed in
the project staff report dated October 2, 2019 and Attachment 4.
21. 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 s~wer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
PC RESO NO. 7347 -6-Jan. 28, 2020 Item #12 Page 44 of 125
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.
22. 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.
23. This project has been conditioned to comply with any requ"irement approved as part of the Local
Facilities Management Plan for Zone 1.
24. 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.
25. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
26. 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 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
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.
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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 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 requ.irements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council mem~ers, 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 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This .approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
PC RESO NO. 7347 -8-Jan. 28, 2020 Item #12 Page 46 of 125
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Prior to 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. 7347 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 term_inates said notice upon a showing of good cause by the Developer
or successor in interest.
13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check proc;ess on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
15. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final map approval. Prior to issuance of a building permit, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in
advance. If the proposed amendment affects the City, City shall have the right to disapprove.
A copy of the final approved amendment shall be transmitted to City within 30 days for the
official record.
c. Failure of Association to Maintain Common Area Lots and Easements·: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article ___ ~ Section _____ the City shall have the right, but not the
duty, to perform the necessary .maintenance. If the City elects to perform such maintenance,
PC RESO N0.7347 -9-Jan. 28, 2020 Item #12 Page 47 of 125
the City shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty (30) days
from the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the City's notice, the City shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the City shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The City shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the City will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
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 ___ _
16. This project is being approved as a· condominium permit for residential and commercial
ownership purposes. If any of the residential units in the project are rented, the minimum time
increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include
this requirement. Should the City Council adopt an ordinance that would permit rental of the
units for less than 31 days, this condition shall 'be null and void.
17. 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.
18. 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
PC RESO NO. 7347 -10-Jan. 28, 2020 Item #12 Page 48 of 125
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
19. 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 model unit(s), 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.
20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or model unit(s), 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.
21. Developer shall post a sign in the sales office, or model unit(s), 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.
22. 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.
23. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect down.ward and avoid any impacts on
adjacent homes or property.
24. Developer shall construct, install, and stripe not less than 12 vehicle parking spaces, including
one accessible parking space, and six bicycle parking spaces within the confines of the at-grade
parking garage as shown on Exhibits "A" -"X" dated October 2, 2019.
25. Prior to issuance of building permits, the Developer shall pay to the city an inclusionary housing
in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at
the time, as established by City Council Resolution from time to time. If building permits are not
applied for within two years of demolishing the existing single-family home, credit will no
longer be give~ for the single-family home and an in-lieu fee shall be paid for all six units instead
of for five units.
26. Mechanical ventilation for each unit 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.
27. One (1) residential parking space located within the parking garage shall be converted to include
an automobile parking lift to accommodate the parking of two (2) automobiles stacked one
over top of the other. With the inclusion of the parking lift, one (1) new parking space shall be
freed up for parking associated with the commercial tenant space. The parking space with the
automobile parking lift shall be_ devoted to one (1) of the residential units. With the inclusion
PC RESO NO. 7347 -11-
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Jan. 28, 2020 Item #12 Page 49 of 125
of the parking lift, the final site plan for the project shall include nine {9) parking spaces devoted
to the residential units and four (4) parking spaces devoted to the commercial tenant space for
a total of 13 onsite parking spaces.
28. In addition to six (6) bicycle parking spaces provided inside the parking garage (split between
two locations), and 12 bicycle parking spaces provided within the public right-of-way (split
between Grand Avenue and Jefferson Street), the developer shall provide six (6) additional
onsite bicycle parking spaces located adjacent to the residential lobby entrance fronting
Jefferson Street. In total, the final site plan for the project shall provide 24 bicycle parking
spaces.
29. The building plaza area is to be designed to allow for the future installation of a security
enclosure feature. The design element is to include adequate structural and electrical features
necessary for a future security enclosure system installation. The design of a future security
enclosure system shall be reviewed to the satisfaction of the City Planner and Building Official
prior to installation.
Engineering
General
30. 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
prnposed haul route.
31. 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 occ_upancy.
32. Developer shall submit to the City Engineer ari acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private utilities, landscaping,
enhanced paving, water quality treatment measures, low impact development features, storm
drain facilities, etc., located therein and to distribute the costs of such maintenance in an
equitable· manner among the owners of the properties within this subdivision.
33. . Developer shall include rain gutters and storm drain piping system on the building plans to route
storm water to the pl'oposed raised planters (Biofiltration BMPs) on building decks and patios
as shown on the tentative map/site plan to satisfaction of the City Engineer.
34. 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.
35. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property owner shall
maintain this condition.
PC RESO NO. 7347 -12-Jan. 28, 2020 Item #12 Page 50 of 125
Fees/ Agreements
36. 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.
37. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
38. Developer shall cause property owner to submit an executed copy to the City Engineer for
recordation a city standard Permanent Storm Water Quality Best Management Practice
Maintenance Agreement.
39. Prior to approval of the final map or issuance of any permits, the developer shall comply with the ·
city's Transportation Demand Management requirements to the satisfaction of the City Engineer.
Grading
40. Upon a review of the proposed grading and the grading quantities shown on the tentative map, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports for City Engineer review, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
41. Prior to approval of the grading plans, 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, and
identifying time restrictions for various construction activities. AU material s·taging, construction
trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the City Engineer or Construction Management & Inspection engineering manager.
Storm Water Quality
42. Developer shall comply with the city's Storm Water Regulations, latest version, and shall
implement best management practices at all times. Best management practkes 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.
43. 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 satisfa\:tion of the City Engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
PC RESO NO. 7347 -13-Jan. 28, 2020 Item #12 Page 51 of 125
44. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the City Engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
45. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, and Low Impact Design {LID) facilities.
Dedications/Improvements
46. 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.
47. 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.
48. Developer shall prepare and process public improvement plans and, prior to City Engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
shown in the tentative map, per city standards to the satisfaction of the City Engineer as shown
on the Tentative Map. Said improvements shall be installed to city standards to the satisfaction
of the City Engineer. These improvements include, but are not limited to:
a. Driveway approaches as shown on the tentative map.
b. Remove and replace existing curb and gutter and sidewalk as shown on the tentative map.
c. Grind and overlay exi~ting AC pavement, half street width, as shown on the tentative map.
d. Install sewer and water services as shown on the tentative· map.
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.
Non-Mapping Notes
49. Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has posted
security in accordance with C.M.C. Section 20.16.070 to install public improvements shown
on the Tentative Map. These improvements include, but are not limited to:
i. Driveway approaches as shown on the tentative map.
ii. Remove and replace existing curb and gutter and sidewalk as shown on the
tentative map.
PC RESO NO. 7347 -14-Jan. 28, 2020 Item #12 Page 52 of 125
Utilities
iii. Grind and overlay existing AC pavement, half-street width, as shown on the
tentative map.
iv. Install sewer and water services as shown on the tentative map.
b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
c. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of Carlsbad
Engineering Standards or line-of-sight per Caltrans standards.
d. The owner of this property on behalf of itself and all of its successors in interest has agreed
to hold. harmless and indemnify the City of Carlsbad from any action that may ·arise through
any diversion of waters, the alteration of the normal flow of surface waters or drainage, or
the concentration of surface waters or drainage from the drainage system or other
improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in the
city approved development plaris.
e. There are no public park or recreational fadlities 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 a·nd. has either paid or agreed to pay all of
said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code.
50. 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.
51. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
52. The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the District Engineer.
53. Developer shall install potable water services and meters at locations approved by the District
Engineer. The locations of said services shall be reflected on public improvement plans.
54. The developer shall install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
55. The developer shall design and construct public water, and sewer facilities substantially as shown
on the tentative map to the satisfaction of the District Engineer and City Engineer.
56. The developer shall provide separate private potable water sub-meters for each separately
owned unit within this subdivision.
PC RESO NO. 7347 -15-. Jan. 28, 2020 Item #12 Page 53 of 125
57. Developer shall locate utility transformers or water backflow preventers outside the public right-
of-way as shown on the Tentative Map to the satisfaction of the City Engineer.
Code Reminders
58. This tentative map shall expire two years from the date on which the City Council voted to
approve this application.
59. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
60. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the city engineer.
61 . Developer shaU 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.
62. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
63. 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.
64. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code .
65. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
66. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
67. Any signs proposed for this development shall at a minimum be designed in conformance with
the Village and Barrio Master Plan and shall require review and approval of the City Planner prior
to installation of such signs. ·
68. Developer acknowl~dges 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 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
t hrough the Planning Division. Once adopted as part of Title 18 and in effect, compliance with the
PC RESO NO. 7347 -16-. Jan. 28, 2020 Item #12 Page 54 of 125