HomeMy WebLinkAbout2015-10-07; Planning Commission; Resolution 7124
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD
TRACT CT 15-08, NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT
PUD 15-16, SITE DEVELOPMENT PLAN AMENDMENT SDP 03-02(A),
CONDITIONAL USE PERMIT AMENDMENT CUP 03-01(A), AND COASTAL
DEVELOPMENT PERMIT AMENDMENT CDP 03-04(A) TO CREATE 172
TIMESHARE AIRSPACE CONDOMINIUM UNITS WITHIN 11 BUILDINGS, 88
HOTEL ROOMS IN ONE BUILDING, A 17,000 SQ. FT. RESORT BUILDING
WITH MEETING ROOM AND RESTAURANT, A POOL RECREATION AREA,
AND ONSITE PARKING WITH A 10.3% REDUCTION FOR COMMON
PARKING FACILITIES ON APPROXIMATELY 11 ACRES GENERALLY
LOCATED SOUTH OF CANNON ROAD AND EAST OF LEGOLAND DRIVE IN
THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL
FACILITIES MANAGEMENT ZONE 13.
CASE NAME: CARLSBAD RANCH PLANNING AREA 5
CASE NO.: CT 15-08/PUD 15-16/SDP 03-02(A)/CUP 03-01(A)/
CDP 03-04(A)
WHEREAS, Grand Pacific Resorts, Inc., “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 3, 4, and 13 and a portion of Lot 2 & 5 of Carlsbad Tract 03-02, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 15332, filed on May 3, 2006 as file No.
2006-0311804, together with Parcel B of Certificate of Compliance ADJ
12-02 filed on April 2, 2012 as document No. 2012-0187408, both
documents filed in the office of the County Recorder of San Diego
County
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map,
Planned Development Permit, Site Development Plan Amendment, Conditional Use Permit
Amendment, and Coastal Development Permit Amendment as shown on Exhibits “A0”-“A21”, “C1”-
“C14”, and “L1” – “L20” dated October 7, 2015, on file in the Planning Division CT 15-08/PUD 15-
16/SDP 03-02(A)/CUP 03-01(A)/CDP 03-04(A) – CARLSBAD RANCH PLANNING AREA 5, as provided by
Chapters 20.12 and Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 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 persons desiring to be heard, said Commission considered all factors relating to
PLANNING COMMISSION RESOLUTION NO. 7124
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the Tentative Tract Map, Planned Development Permit, Site Development Plan Amendment,
Conditional Use Permit Amendment, and Coastal Development Permit Amendment; and
WHEREAS, on October 12, 2004, the City Council approved, SP 207(E)/LCPA 90-08/CT
03-02/PUD 03-01/SDP 03-02/CUP 03-01/CDP 03-04, as described and conditioned in City Council
Resolution No. 2004-331.
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 15-08/PUD 15-16/SDP 03-02(A)/CUP 03-01(A)/CDP
03-04(A) – CARLSBAD RANCH PLANNING AREA 5 based on the following findings and
subject to the following conditions:
Findings:
Tentative Tract Map
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 existing approvals for the
property include up to 350 non-residential airspace timeshare condominium units and the
project is the relocation of 172 of those units and that the existing subdivision approval for
the timeshare condominium units was found to be consistent with the various elements of
the General Plan and Carlsbad Municipal Code.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for commercial tourist and open space development on
the General Plan, in that the existing approvals for the property include up to 350 non-
residential airspace timeshare condominium units and the project is the buildout of an
existing timeshare and hotel resort property adjacent to an existing golf course in a different
configuration with a slightly reduced intensity.
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 proposed reconfiguration of uses falls within the development envelope
established by the existing approvals.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the subdivision
creates and relocates 172 airspace timeshare condominium units entirely within the limits of
11 timeshare villa buildings and will therefore not have the potential of conflicting with
easements.
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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 are oriented with westerly
facing rooms and balconies and with functioning windows and doors to the exterior which
take advantage of prevailing on-shore breezes.
7. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the site is fully disturbed and partially developed with hotel and timeshare buildings.
8. 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 is designed in
conformance with board requirements.
9. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, and Carlsbad Ranch Specific Plan based on the facts set
forth in the staff report dated October 7, 2015.
10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 13 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 13 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
12. 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.
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 13.
. . .
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Non-Residential Planned Development Permit
14. The granting of this permit will not adversely affect and will be consistent with the code, the
general plan, applicable specific plans, master plans, and all adopted plans of the city and other
governmental agencies in that the existing approvals for the property include up to 350 non-
residential airspace timeshare condominium units and the proposed Non-Residential Planned
Development Permit is for the relocation of 172 airspace timeshare condominiums within the
previously approved resort project.
15. The proposed use at the particular location is necessary and desirable to provide a service or
facility, which will contribute to the general well-being of the neighborhood and the community
in that the existing approvals for the property include up to 350 non-residential airspace
timeshare condominium units and the project site is designated for commercial tourist uses in
the General Plan and Carlsbad Ranch Specific Plan and is well situated adjacent to public
transportation and recreational uses.
16. Such use will not be detrimental to the health, safety, or general welfare of persons residing or
working in the vicinity, or injurious to property or improvements in the vicinity in that the
existing approvals for the property include up to 350 non-residential airspace timeshare
condominium units and that the non-residential Planned Development Permit is the
relocation of 172 of those airspace condominium units within 11 timeshare buildings which
will not have a physical effect.
Site Development Plan Amendment
17. 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 site is approved for the development of hotel rooms, timeshare units, restaurant,
parking and recreational facilities and the project is the reconfiguration of those uses. The
project design complies with the requirements of the Carlsbad Ranch Specific Plan which was
found to be consistent with the various elements and objectives of the General Plan. Varying
building setbacks have been incorporated into the project design. Pedestrian connections are
provided throughout the site. The proposed uses are permitted by the Carlsbad Ranch
Specific Plan. No adverse impacts onsite or on surrounding properties are expected to occur,
based on the project design which contains adequate building and landscape setbacks to
provide a transition to adjacent properties.
18. That the site for the intended development or use is adequate in size and shape to
accommodate the use, in that the project complies with all City policies and standards
including the underlying C-T-Q Zone and the standards and design criteria established by the
Carlsbad Ranch Specific Plan including all of the required setbacks, landscaping, and parking,
pursuant to C.M.C. Chapter 21.44 as well as an additional 10 foot setback from property lines
required for buildings that are 45 feet in height. The proposed common parking reduction is
consistent with the common parking provisions of Carlsbad Municipal Code Section
21.44.050(a). The parking necessary to meet the peak hourly demand of the project will be
provided on the project site along with all other design features such as parking lot
landscaping. The proposed parking reduction of 10.3% for common parking facilities equals
145 parking spaces.
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19. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the project is consistent with the design
criteria of the Carlsbad Ranch Specific Plan. Varying setbacks have been provided to reduce
the amount of building mass. Adequate vehicle circulation is provided in addition to loading
spaces. The project is proposed to be developed in phases and is conditioned to provide
landscaping with each phase. Pedestrian connections have been provided throughout the site
linking various uses proposed on-site and no unique adjustments other than an additional ten
foot horizontal setback from property lines for buildings proposed at 45 feet in height as
required by the Carlsbad Ranch Specific Plan are necessary in order to create compatibility
between the proposed development and existing or permitted future development onsite.
20. 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 site is approved for the
development of hotel rooms, timeshare units, restaurant, parking and recreational facilities
and the project is the reconfiguration of those uses with a slight reduction in intensity thereby
creating an incrementally lesser demand on the surrounding street system.
Conditional Use Permit Amendment
21. That the requested use is necessary or desirable for the development of the community, and is
in harmony with the various elements and objectives of the general plan, including, if
applicable, the certified local coastal program, specific plan or master plan, in that the project
site is designated for commercial tourist uses indicating an intended desire to provide tourist
lodging as a benefit to the city as a whole.
22. That the requested use is not detrimental to existing uses or to uses specifically permitted in
the zone in which the proposed use is to be located in that the existing and future uses
approved for the project site are hotel rooms, timeshare units, restaurant and meeting space,
onsite recreation and parking and that the project is the proposed reconfiguration of those
uses.
23. That the site for the intended development or use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the city
Planner, Planning Commission or City Council, in order to integrate the use with other uses in
the neighborhood, in that the project complies with all City policies and standards including
the underlying C-T-Q Zone and the standards and design criteria established by the Carlsbad
Ranch Specific Plan including all of the required setbacks, landscaping, and parking, pursuant
to C.M.C. Chapter 21.44 as well as an additional 10 foot setback from property lines required
for buildings that are 45 feet in height. The proposed common parking reduction is consistent
with the common parking provisions of Carlsbad Municipal Code Section 21.44.050(a). The
parking necessary to meet the peak hourly demand of the project will be provided on the
project site along with all other design features such as parking lot landscaping. The proposed
parking reduction of 10.3% for common parking facilities equals 145 parking spaces.
24. 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 site is approved for the
development of hotel rooms, timeshare units, restaurant, parking and recreational facilities
and the project is the reconfiguration of those uses with a slight reduction in intensity thereby
creating an incrementally lesser demand on the surrounding street system.
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25. That the time-share project is located in reasonable proximity to an existing resort or public
recreational area and, therefore, can financially and geographically function as a successful
time-share project and that the project will not be disruptive to existing or future uses in the
surrounding neighborhood, in that the project is the reconfiguration of the remaining phase of
an approved timeshare/hotel project.
Coastal Development Permit Amendment
26. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the subject site is designated as Tourist-Recreational Commercial
and the proposed use of hotel and timeshare units is consistent with the Local Coastal
Program Land Use Plan designation.
27. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project is not located adjacent to the shore. Therefore, the project will
not interfere with the public’s right to physical access to the sea and the site is not suited for
water-oriented recreational activities.
28. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the 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. No steep slopes or native vegetation
is located on the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
General
29. The City Planner has determined that:
a. the project is a(n) project for which a Mitigated Negative Declaration was previously
adopted [15162] (SP 207(E)/LCPA 90-08/CT 03-02/SDP 03-02/CDP 03-04/PUD 03-
01/HDP 03-01 – CARLSBAD RANCH PLANNING AREA 5 RESORT SITE).
b. this project is consistent with the project cited above;
c. the Mitigated Negative Declaration was adopted in connection with the prior project;
d. the project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration;
e. none of the circumstances requiring a subsequent environmental review under CEQA
Guidelines Sections 15162 or 15163 exist.
30. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated October 2004, in that the land use falls within a use
established in the ALUCP as compatible with airport operations; and, the applicant has
recorded a notice concerning aircraft noise. The project is compatible with the projected noise
levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the
proposed land use is compatible with the airport, in that it is located within safety zone 6
which is the least restrictive of all of the airport safety zones.
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31. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
32. 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 recordation of the
final map.
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, Non-Residential Planned Development Permit, Site Development Plan
amendment, Conditional Use Permit amendment, and Coastal Development Permit
amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Non-Residential Planned Development Permit, Site
Development Plan amendment, Conditional Use Permit amendment, and Coastal
Development Permit amendment documents, as necessary to make them internally consistent
and in conformity with the final action on the project. Development shall occur substantially as
shown on the approved Exhibits. Any proposed development, different from this approval,
shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Tentative Tract Map, Non-Residential Planned
Development Permit, Site Development Plan amendment, Conditional Use Permit
amendment, and Coastal Development Permit amendment, (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
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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 City Planner a reproducible 24” x 36” mylar copy of the Site Plan
reflecting the conditions approved by the final decision-making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution in a 24” x 36” blueline drawing format (including any
applicable Coastal Commission approvals).
8. 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.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior
to the issuance of building permits.
10. This approval supercedes and replaces Planning Commission Resolutions No. 5687 (SDP 03-02),
5690 (CDP 03-01), and 5688 (CDP 03-04).
11. 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.
12. 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.
13. 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 13, 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.
14. Prior to the issuance of any building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be
filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map, Non-Residential Planned Development Permit, Site Development Plan,
Conditional Use Permit, and Coastal Development Permit by Resolution No. 7124 on the
property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the
authority to execute and record an amendment to the notice which modifies or terminates said
notice upon a showing of good cause by the Developer or successor in interest.
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15. CUP 03-01 shall be reviewed by the City Planner annually to determine if all conditions of this
permit have been met and that the use does not have a substantial negative effect on
surrounding properties or the public health, safety and general welfare. If the City Planner
determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or
2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use
Permit is being or recently has been exercised contrary to any of the terms or conditions of
approval or the conditions of approval have not been met; or 4) the use for which such approval
was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in
violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional
Use Permit is being or has been so exercised as to be detrimental to the public health, safety or
welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole
or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new
conditions.
16. This Conditional Use Permit is granted without an expiration date. This permit may be revoked
at any time after a public hearing, if it is found that the use has a substantial detrimental effect
on surrounding land uses and the public’s health and welfare, or the conditions imposed herein
have not been met.
17. 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.
18. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision making body. The reproducible shall be submitted to the city planner,
reviewed and, if acceptable, signed by the city's project engineer and project planner prior to
submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first.
19. 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.
20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
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 and Economic Development Department and Planning.
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22. Developer shall implement, or cause the implementation of, the Mitigated Negative
Declaration and Addendum and Mitigation Monitoring and Reporting Program adopted by
City Council Resolution No. 2004-331 (SP 207(E)/LCPA 90-08/CT 03-02/SDP 03-02/CDP 03-
04/PUD 03-01/HDP 03-01 – CARLSBAD RANCH PLANNING AREA 5 RESORT SITE).
23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
24. 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.
25. 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.
26. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction of the City Planner.
27. Developer shall construct, install, and stripe not less than 1259 parking spaces, as shown on the
approved project exhibits.
28. Prior to issuance of any building permit, all parties involved in the joint use of a parking lot shall
provide evidence of agreement for such joint use by a proper legal instrument approved by the
city attorney as to form and the City Planner as to content. Such instrument, when approved as
conforming to the provisions of this title, shall be recorded in the office of the county recorder
and copies thereof filed with the City Planner.
29. If the project cannot be successfully marketed as a timeshare project, it shall be converted to
a hotel use pursuant to C.M.C. Section 21.42.140(B)(155).
30. A management and maintenance plan approved, by the City Planner, shall be made part of
the permit for the project.
31. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit
shall be four months. A note indicating this requirement shall be placed on the final map.
Engineering:
32. Prior to the approval of a final map, the developer shall complete processing of a lot line
adjustment between Parcel A of Certificate of Compliance Doc No. 2012-0187408 and Parcel B
of Certificate of Compliance Doc No. 2012-0187408 (Parcel D of the proposed Tentative Tract
Map) as shown on the tentative map.
33. 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 streets, driveways,
utilities (including water distribution system for fire hydrants and fire sprinklers), sidewalks,
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landscaping, street lighting, enhanced paving, water quality treatment measures, low impact
development features, storm drain facilities, private onsite and offsite water and sewer
facilities, located therein and to distribute the costs of such maintenance in an equitable
manner among the owners of the properties within this subdivision. CC&R’s shall also secure
private cross lot drainage, parking, reciprocal access and private utility crossing as shown on
the tentative parcel map.
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 Engineering Standards. The property owner shall maintain this condition.
36. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall submit to
the city engineer written approval from North County Transit District (NCTD) demonstrating
mass-transit improvement requirements for this project have been satisfied.
Fees/Agreements
37. 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.
38. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
39. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
40. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the associated
Assessment District No. 95-01, or the assessments must be paid in full. Developer shall pay all
associated costs of said reapportionment. The application shall be submitted to the city
engineer with the application for the final map.
Grading
41. 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.
42. 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.
. . .
. . .
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43. This project requires off site grading. No grading for private improvements shall occur outside
the project unless developer obtains, records, and submits a recorded copy, to the city
engineer, a temporary grading, construction or slope easement or agreement from the owners
of the affected properties. If developer is unable to obtain the temporary grading or slope
easement, or agreement, no grading permit will be issued. In that case developer must either
apply for and obtain an amendment of this approval or modify the plans so grading will not
occur outside the project and apply for and obtain a finding of substantial conformance and/or
consistency determination from both the city engineer and city planner.
44. 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 may affect the design of this project. Prior to construction, Developer
may be required to demonstrate compliance with latest storm water requirements to the
satisfaction of the city engineer.
45. 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.
46. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of
a Notice of Intent from the State Water Resources Control Board.
47. 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.
48. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP) or equivalent per the new MS4 Permit,
subject to city engineer approval, to demonstrate how this project meets new/current storm
water treatment requirements per the city’s Standard Urban Storm Water Management Plan
(SUSMP) or BMP Design Manual, latest version. In addition to new treatment control BMP
selection criteria in the SUSMP, the developer shall use low impact development (site design)
approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained
through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable
SWMP plan review and inspection fees per the city’s latest fee schedule.
49. Developer acknowledges hydromodification (runoff reduction) requirements impact how
project treats and/or retains storm runoff. Hydromodification involves detailed site design and
analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic
function of the site, preserving natural open-spaces and natural drainage channels, minimizing
use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off.
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During final design, developer shall demonstrate compliance with storm water requirements to
the satisfaction of the city engineer.
50. 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.
51. 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). The
Storm Water Management Plan (SWMP) and all supporting studies, including but not limited
to geotechnical studies and continuous simulation hydrologic analysis for Hydromodification
Management Plan (HMP) mitigation requirements, may be subject to third party review at
the discretion of the city engineer. Fees for said review shall be charged per the city’s current
City of Carlsbad Development Fee Schedule.
Dedications/Improvements
52. Developer shall cause owner to process a quitclaim for the off-site water easement recorded
as Doc. No. 2008-0129231 on 3/11/2008 over Parcel A of Certificate of Correction Doc No.
2012-0187408 and convert the water main and fire hydrants to private ownership and
maintenance. Private fire hydrants shall be painted red to the satisfaction of the city fire
marshal.
53. 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.
54. Developer shall design all proposed public improvements including but not limited to sewer
laterals and water services/meters 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.
55. 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.
56. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of
the city engineer.
57. Developer shall design, and obtain approval from the city engineer, the structural section for
the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
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Non-Mapping Notes
58. Add the following notes to the final map as non-mapping data:
a. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
b. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors
in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
c. 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 plans.
Utilities
59. 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. Unless otherwise
approved by the District Engineer, fire hydrants shall be considered private improvements and
shall be served by private water mains to the satisfaction of the district engineer and fire
marshal.
60. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
61. 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.
62. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
63. 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.
64. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the tentative map to the satisfaction of the district engineer and city
engineer.
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
65. This tentative map shall expire two years from the date on which the city council voted to
approve this application.
66. Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the city nor the owner has sufficient title or interest
to permit the improvements to be made without acquisition of title or interest. The developer
shall immediately initiate negotiations to acquire such property. The developer shall use its best
efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the
city engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code
Section 20.16.095 to notify and enable the city to successfully acquire said property by
condemnation.
67. 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.
68. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
69. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
70. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 13 as required by Carlsbad Municipal Code Section 21.90.050.
71. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
72. 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.
73. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
74. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
75. 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.
. . .