HomeMy WebLinkAbout2015-01-07; Planning Commission; Resolution 7078
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN,
PLANNED DEVELOPMENT PERMIT, COASTAL DEVELOPMENT PERMIT,
AND TENTATIVE PARCEL MAP TO DEMOLISH TWO EXISTING SINGLE-
FAMILY HOMES AND TO ALLOW FOR THE DEVELOPMENT OF A THREE-
UNIT DETACHED SINGLE-FAMILY RESIDENTIAL AIR-SPACE
CONDOMINIUM PROJECT ON A 0.31 ACRE INFILL SITE LOCATED AT 295
CHINQUAPIN AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
THE PROJECT QUALIFIES AS A CEQA GUIDELINES SECTION 15332 (INFILL
DEVELOPMENT PROJECT) CATEGORICAL EXEMPTION.
CASE NAME: TAMARACK BEACH CUSTOM HOMES
CASE NO.: SDP 14-09/PUD 14-07/CDP 14-23/MS 14-09
WHEREAS, RREG Investments Series, LLC Series I013, “Developer/Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
The southwesterly 123 feet of Lot 6 in Block “T” of Palisades No. 2, in
the City of Carlsbad, County of San Diego, State of California, excepting
therefrom the southwesterly 63 feet, according to map thereof No.
1803 filed in the Office of the County Recorder of said county August
25, 1924
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan,
Planned Development Permit, Coastal Development Permit, and Tentative Parcel Map, as shown on
Exhibits “A – U” dated January 7, 2015, on file in the Planning Division, SDP 14-09/PUD 14-07/CDP 14-
23/MS 14-09 – TAMARACK BEACH CUSTOM HOMES as provided by Chapters 21.06, 21.45, 21.80, and
20.24 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on January 7, 2015, 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 all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan, Planned Development Permit, Coastal Development Permit, and Tentative
Parcel Map.
PLANNING COMMISSION RESOLUTION NO. 7078
PC RESO NO. 7078 -2-
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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 Planning Commission
APPROVES SDP 14-09/PUD 14-07/CDP 14-23/MS 14-09 – TAMARACK BEACH CUSTOM
HOMES based on the following findings and subject to the following conditions:
Findings:
Site Development Plan
1. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be
detrimental to existing uses or to uses specifically permitted in the area in which the proposed
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 two existing single-family homes and
construction of three detached, single-family residential air-space condominiums on a 0.31
acre infill site located at 295 Chinquapin Avenue on the south side of the street. The site is
predominately surrounded by existing single-family and multiple-family residential
developments. The proposed single-family residential project at a density of 9.7 du/ac is
consistent with the Residential Medium-High Density (RMH: 8-15 du/ac) General Plan Land
Use designation. The project is consistent with the various elements and objectives of the
General Plan as discussed in Section “A” of the project staff report. The proposed single-
family residential use will not be detrimental to existing uses or to uses specifically permitted
in the area in which the use is located in that, single-family residential is a use permitted
within the Residential Density – Multiple (RD-M) Zone when developed as two or more
detached units on one lot and is compatible with the other residential uses surrounding the
project site, including multiple-family residential. The three-unit detached residential
condominium project will not adversely impact the site, surroundings, or traffic circulation in
that the existing surrounding streets have adequate capacity to accommodate the 30 Average
Daily Trips (ADT) generated by the project; the project complies with all minimum
development standards of the Carlsbad Municipal Code, including but not limited to the RD-M
Zone, Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance; and the
project is adequately parked onsite and does not result in any environmental impacts.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in that
the three-unit detached single-family residential air-space condominium project complies with
all of the minimum development standards (i.e. front, side and rear setbacks, lot coverage,
parking, and height restrictions) of the Residential Density – Multiple (RD-M) Zone, the Beach
Area Overlay Zone (BAOZ), and the Planned Development Ordinance as demonstrated in the
project staff report.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that as demonstrated in the project staff report the three-unit detached single-
family residential air-space condominium project complies with all of the minimum
development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height
restrictions) of the Residential Density – Multiple (RD-M) Zone, the Beach Area Overlay Zone
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(BAOZ), and the Planned Development Ordinance. Landscaping along the outer edge of the
property, including the front setback area along Chinquapin Avenue will be provided
consistent with the requirements of the city’s Landscape Manual. In addition to the above,
existing retaining walls and fences will be maintained, as well as the addition of new privacy
fencing.
4. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the three-unit detached single-family residential air-
space condominium project will take access off of Chinquapin Avenue, which is identified as a
local street, and is designed to adequately handle the 30 Average Daily Trips (ADT) generated
by the project. Chinquapin Avenue is already fully improved with pavement, curb, gutter and
an adjacent sidewalk. The project will reconstruct portions of the curb, gutter and sidewalk
along the project frontage due to the relocation of the driveway.
Planned Development Permit
5. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the density of 9.7 dwelling units per acre for the three-unit detached single-family
residential air-space condominium project is consistent with the Residential Medium-High
(RMH) Density Land Use designation (8-15 du/acre). As discussed in the project staff report,
the project is consistent with all minimum development and design standards applicable to
the property as contained in Chapters 21.24 (Residential Density – Multiple (RD-M)) Zone,
21.45 (Planned Developments) and 21.82 (Beach Area Overlay Zone (BAOZ)) of the Carlsbad
Municipal Code.
6. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the three-unit detached single-family residential air-space
condominium project does not propose or require any variances from standards; is
compatible with existing surrounding single-family residential and multiple-family uses as
permitted by the Residential Density – Multiple (RD-M) Zone; and does not create any traffic
circulation impacts as Chinquapin Avenue is adequately designed to accommodate the 30
Average Daily Trips (ADT) being generated.
7. The project will not adversely affect the public health, safety, or general welfare, in that the
three-unit detached single-family residential air-space condominium project has been
designed to comply with all applicable development standards to ensure compatibility with
surrounding single-family and multiple-family residential uses.
8. The project’s design, including architecture, streets, and site layout a) contributes to the
community’s overall aesthetic quality, b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping, and c) achieves continuity among all elements of the
project, in that the three-unit detached single-family residential air-space condominium
project is arranged in a row along the east side of the property with a private driveway on the
west side that is enhanced by decorative pavers and landscaping along both sides. The three
story homes with attached two car garages are architecturally harmonious with the
surrounding beach environment and includes a variety of roof planes and off-set building
projections. Primary building materials consist of colored stucco, horizontal siding, and
masonry veneer. Asphalt composition shingles cover a 3:12 pitched roof over each unit; and
metal railings are located along the edges of the balconies and decks. All elements (i.e. site
layout, architecture, landscaping) create continuity in the overall project design.
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Coastal Development Permit
9. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program (LCP) and all applicable policies, in that the site is designated RMH (8-15
du/ac) for single-family and multi-family residential development by the Mello II LCP and the
project consists of the demolition of two existing single-family homes and construction of a
three-unit detached single-family residential air-space condominium project with attached
garages at 9.7 du/acres on a 0.31 acre previously developed site; the proposed three-story
dwelling units will not obstruct views of the coastline as seen from public lands or the public
right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural
uses currently exist on the site, nor are there any sensitive resources located on the property.
In addition, the proposed single-family residential condominium project is not located in an
area of known geologic instability or flood hazards. Since the site does not have frontage
along the coastline, no public opportunities for coastal shoreline access are available from the
subject site. Furthermore, the residentially-designated site is not suited for water-oriented
recreation activities.
10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the three-
unit detached single-family residential air-space condominium project will not interfere with
the public’s right to physical access to the ocean and furthermore, the residentially designated
site is not suited for water-oriented recreation activities.
11. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the three-unit detached single-family
residential air-space condominium project will adhere to the City’s Master Drainage Plan,
Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan
(SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased
urban runoff, pollutants, and soil erosion. Furthermore, no natural steep slopes ≥25%
gradient will be affected by the project, and no native vegetation is located on the subject
site. In addition, the project site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods or liquefaction.
12. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the
Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not
required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter
21.202 of the Zoning Ordinance).
13. The project is not located between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance).
Tentative Parcel Map
14. 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 three-unit detached single-
family residential air-space condominium project created through the tentative parcel map
satisfy all the minimum requirements of Title 20 and have been designed to comply with other
applicable regulations including, the Residential Density – Multiple (RD-M) Zone, the Beach
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Area Overlay Zone (BAOZ), the Planned Development Ordinance, Growth Management
Ordinance, and the Residential Medium-High Density (RMH) General Plan Land Use
designation.
15. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential Medium-High (RMH) density and
Residential High (RH) density development on the General Plan and are predominantly
developed with multiple-family residential projects of a similar density.
16. 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 all required development standards and design criteria required by the Residential
Density – Multiple (RD-M) Zone, the Planned Development Ordinance, and the Beach Area
Overlay Zone (BAOZ) are incorporated into the three-unit detached single-family residential
air-space condominium project without the need for any variances from development
standards.
17. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the three-unit
detached single-family residential air-space condominium project has been designed and
conditioned so that there are no conflicts with established easements and no additional right-
of-way is required.
18. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
19. 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 are designed to include
patios roof decks, and multiple balconies oriented to maximize exposure of each unit to
natural light and ventilation from nearby coastal breezes.
20. 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.
21. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the three-unit detached single-family residential air-space condominium project site has
been previously graded and is surrounded by existing development.
22. 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 three-unit detached multiple-
family residential air-space condominium 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 is conditioned to comply with the National Pollutant Discharge
Elimination System (NPDES) requirements.
. . .
. . .
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General
23. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, based on the facts set forth in the staff report dated
January 7, 2015 including, but not limited to the following:
a) Land Use – The three-unit detached multiple-family residential air-space condominium
project is consistent with the elements and objectives of the General Plan as discussed in
Section “A” of the project staff report. The proposed residential density of 9.7 dwelling
units per acre (3 dwelling units) is within the Residential Medium-High (RMH) density
range (8–15 du/ac). Because the three unit project is below the maximum unit yield (3.72
dwelling units) at the Growth Management Control Point (GMCP) of the RMH General
Plan Land Use designation, 0.72 dwelling units will be deposited into the City’s excess
dwelling unit bank consistent with Housing Element Program 3.2 and City Council Policy
No. 43.
b) Circulation – The project will take access off of Chinquapin Avenue, which has full street
improvements along its frontage. The project has been conditioned to install all
infrastructure-related improvements (including but not limited to curb, gutter and
sidewalk) and any necessary easements for these improvements concurrent with
development.
c) Noise - The project consists of three single-family dwelling units and therefore a noise
study is not required. However, the project has been conditioned to meet a 45 dB(a) CNEL
interior noise level when openings to the exterior of the residence are open or closed. If
openings are required to be closed to meet the interior noise standard, then mechanical
ventilation shall be provided.
d) Housing – The three-unit detached single-family residential air-space condominium project
is consistent with the Housing Element of the General Plan and the Inclusionary Housing
Ordinance as the project has been conditioned to pay an affordable housing in-lieu fee on
a per unit basis prior to final parcel map approval.
e) Public Safety – The three-unit detached single-family residential air-space condominium
project is located within a five minute response time of Fire Station No. 1, will provide an
automatic sprinkler system within each dwelling unit, and is consistent with the fire code.
24. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
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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.
25. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
26. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15332, In-fill Development Project, of the state
California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines.
27. 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 recordation of the Final Parcel 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 Site
Development Plan, Planned Development Permit, Coastal Development Permit, and Tentative
Parcel Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan, Planned Development Permit, Coastal
Development Permit, and Tentative Parcel Map 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.
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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 Site Development Plan, Planned Development
Permit, Coastal Development Permit, and Tentative Parcel Map, (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. Developer shall submit to the Planning Division a reproducible 24” x 36,” mylar copy of the
Tentative Parcel Map, Site Plan, and Grading Plans reflecting the conditions approved by the
final decision-making body.
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 the recordation of the final parcel map.
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
Parcel Map.
11. The project site is located in an area that may contain soil material that is suitable for beach
sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP)
adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a
grading permit, and as a part of the grading plan preparation, the developer shall test the soil
material to be exported from the project site to determine the materials suitability for sand
replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable
for beach replenishment the developer is encouraged to comply with the process outlined in the
COBFP to transport and place the beach quality material on the beach site identified in the
COBFP.
12. 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 Site Development Permit, Planned Development Permit,
Coastal Development Permit, and Tentative Parcel Map by Resolution No. 7078 on the
property. Said Notice of Restriction shall note the property description, location of the file
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containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice
upon a showing of good cause by the Developer or successor in interest.
13. At issuance of building permits, or prior to the approval of a final parcel map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space condominiums,
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.
14. 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.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plan check process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
16. 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 parcel map approval. Prior to issuance of a building permit, the Developer shall
provide the Planning Division with a recorded copy of the official CC&Rs that have been
approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs
shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City
in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City within 30
days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the
Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as
provided in Article , Section the City shall have the right, but not
the duty, to perform the necessary maintenance. If the City elects to perform such
maintenance, the City shall give written notice to the Association, with a copy thereof to the
Owners in the Project, setting forth with particularity the maintenance which the City finds
to be required and requesting the same be carried out by the Association within a period of
thirty (30) days from the giving of such notice. In the event that the Association fails to carry
out such maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to be
completed and shall be entitled to reimbursement with respect thereto from the Owners as
provided herein.
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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 __________.
18. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the 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.
19. 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.
20. 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.
21. 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.
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22. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the
school district is the taxing agency responsible for the financing mechanism. The form of notice
is subject to the approval of the City Planner and shall at least include a handout and a sign
inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or
taxes exists and where complete information regarding those fees or taxes can be obtained.
23. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the
City Planner, in the sales office or inside each unit, at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
24. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
25. 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.
26. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
27. Developer shall construct, install, and stripe not less than one (1) visitor parking space, as shown
on the project site plan.
28. The final project design shall meet a 45 dB(a) CNEL interior noise level when openings to the
exterior of the residence are open or closed. If openings are required to be closed to meet the
interior noise standard, then mechanical ventilation shall be provided.
Engineering:
General
29. 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.
30. 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.
31. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private access way, utilities,
sidewalks, street trees, landscaping enhanced pavement, water quality treatment measures, low
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impact development features and 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.
32. Developer shall prepare, submit and process for city engineer approval a parcel map to
subdivide this project.
33. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
34. 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.
35. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
36. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
37. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall
cause owner to execute, for recordation, a city standard Local Improvement District Agreement
to pay fair share contributions for undergrounding of all existing overhead utilities and
installation of street lights, as needed, along the subdivision frontage, should a future district be
formed.
Grading
38. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
39. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near
the end of 2015, and likely affect the design of this project. Prior to construction, Developer
shall demonstrate compliance with latest storm water requirements to the satisfaction of the
city engineer.
40. 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.
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41. Prior to the issuance of grading permit or building permit, whichever occurs first, developer
shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP).
The TIER 3 SWPPP shall comply with current requirements and provisions established by the San
Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3
SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during
construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
42. 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, applicable hydromodification measures, and Low Impact Design (LID) facilities.
43. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with Hydromodification requirements per the city’s SUSMP, latest version.
Documentation shall be included within the Storm Water Management Plan (SWMP).
Dedications/Improvements
44. 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.
49. Developer shall prepare and process public improvement plans using the NGVD 29 datum for
vertical control and, prior to city engineer approval of said plans, shall execute a city standard
subdivision Improvement Agreement to install and shall post security in accordance with C.M.C.
Section 20.16.070 for public improvements shown on the tentative map. Said improvements
shall be installed to city standards to the satisfaction of the city engineer. These improvements
include, but are not limited to:
A. Driveway approach, curb, gutter and sidewalk.
B. Water services and water meters.
C. Sewer manhole.
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.
50. Developer shall design all proposed public improvements including but not limited to (sewer
manhole, pedestrian ramps, driveways, sidewalk, water services, etc.) as shown on the tentative
map. These improvements shall be shown on one of the following, subject to city engineer
approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
51. Prior to issuance of building permits, developer shall install private separate sewer laterals to
each unit proposed by this tentative parcel map. Sewer services shall be provided to the
satisfaction of the city engineer.
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Non-Mapping Notes
52. 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:
1. Driveway approach, curb, gutter and sidewalk.
2. Water services and water meters.
3. Sewer manhole
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution: The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground water seepage or
land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. 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.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
Utilities
53. 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.
54. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
55. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
56. 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.
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57. The developer shall install private sewer main and private sewer laterals and clean-outs at
locations approved by the city engineer.
58. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
59. This tentative parcel map shall expire two years from the date on which the planning
commission voted to approve this application.
60. 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.
61. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
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 plan check and 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. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
67. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
68. Any signs proposed for this development shall at a minimum be designed in conformance with
the City’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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