HomeMy WebLinkAbout2016-04-20; Planning Commission; Resolution 71611
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PLANNING COMMISSION RESOLUTION NO. 7161
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE
DEVELOPMENT PLAN, MINOR SITE DEVELOPMENT PLAN, CONDITIONAL
USE PERMIT AND TENTATIVE PARCEL MAP TO ALLOW FOR THE
SUBDIVISION OF A 7.52 ACRE PARCEL INTO THREE LOTS, RELOCATION OF
AN EXISTING RV STORAGE LOT AND DEVELOPMENT OF A 98-UNIT SENIOR
APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED SOUTHEAST
OF THE INTERSECTION OF CANNON ROAD AND WIND TRAIL WAY,
WITHIN THE ROBERTSON RANCH MASTER PLAN, PLANNING AREAS 22
AND 23G, IN LOCAL FACILITIES MANAGEMENT ZONE 14.
CASE NAME: CANNON ROAD SENIOR HOUSING
CASE NO.: SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12
WHEREAS, Calavera Hills II, LLC, "Owner/Developer," has filed a verified application with
the City of Carlsbad regarding property described as
Parcei"A" of Certificate of Compliance Document No. 2010-022!)511 of
Official Records, Recorded May 5, 2010 in the Office of the County
Recorder, County of San Diego
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan,
Minor Site Development Plan, Conditional Use Permit and Tentative Parcel Map as shown on Exhibits
"A-00" da~ed April 20, 2016, on file in the Planning Division, SOP 15-13/SDP 15~-19/CUP 15-05/MS 15-
12-CANNON ROAD SENIOR HOUSING, as provided by Chapters 20.24, 21.06, 21.24, 21.42, and 21.84 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 20, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Site Development Plan, Minor Site Development Plan, Conditional Use Permit and Tentative Parcel
Map.
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.
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B) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of SOP 15-13/SDP 15-19/CUP 15-05/MS 15-12-CANNON
ROAD SENIOR HOUSING, based on the following findings and subject to the following
3 conditions:
4 Findings:
5 Site Development Plan (SOP 15-13) I Minor Site Development Plan (SOP 15-19)
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1. That the proposed development or use is consistent with the General Plan and the Robertson
Ranch Master Plan, complies with all ·applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code; in that the reconfigured RV
storage facility fulfills the Robertson Ranch Master Plan requirement to provide a minimum
11,840 square feet of RV storage to the East and West Villages; the senior apartment project
architecture, including the design of the RV storage screen walls and g;~tes, complies with the
Robertson Ranch Master Plan Design Guidelines and will complement the architectural
environment of the Robertson Ranch Master Plan. Additionally, the pro~,osed senior apartment
project will increase the diversity of housing in Carlsbad by adding 98 fo1r-rent senior restricted
apartment units to the city's housing inventory where the majority c>f housing is detached
single-family dwellings occupied by above-moderate income households; will increase housing
diversity by providing housing offered at a price affordable to low income tenants (20
apartment units will be provided onsite for low-income senior households); and at a minimum
density of 20 dwelling units per acre, satisfies the Regional Housing NeE!ds Assessment (RHNA)
objective of accommodating housing in the low income category.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that
the proposed 98-unit senior apartment project and RV storage area is well designed and
oriented with the adjacent age-restricted Rancho Carlsbad community to the south; the density
of the senior housing project is comparable to the multi-family residential and courtyard homes
to the north; and the senior apartment project architecture, including the design of the RV
storage screen walls and gates, complies with the Robertson Ranch Master Plan Design
Guidelines and will complement the architectural environment of the 'Robertson Ranch Master
Plan. Moreover, the proposed senior apartment buildings have been situated as far away as
possible from the adjacent Rancho Carlsbad community located to the south, providing
approximately 145 to 190 feet of building separation, which is further buffered by dense mature
vegetation. In areas where existing vegetation is sparse, the clustering of additional
landscaping has been provided along the southern edge of the PA 22 project site to increase
landscape screening and buffering. A 100-foot buffer from Cal avera Creek is maintained except
in an area near the project entrance where a buffer of lesser width was previously approved by
the Wildlife Agencies. Decorative tubular steel fencing and a masonry walls are proposed along
the southern boundary of the PA 22 development site to discourage pedestrian trespass into
the PA 23G open space areas. The landscape concept plans require that all exterior lighting be
shielded downward and away from the adjacent PA 23G open space area, Calavera Creek and
the Rancho Carlsbad community beyond, as well as prohibiting exotic and invasive plant
species. Potential for vehicle headlight glare on Rancho Carlsbad is reduced by the planting of
a dense landscape screen along the outer edge of the drive-aisle near the project entrance and
also a 6-foot tall decorative masonry screen wall is proposed along the southern edge of the
parking lot southeast of the proposed buildings.
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3.
4.
That the site for the intended development or uses is adequate in size and shape to accommodate
the use; in that the RV storage facility located on a 0.55-acres Parcel "A" provides for 11,902
square feet of RV storage (excluding drive-aisles) where 11,840 square feet is required for the
Robertson Ranch East and West Villages. As a visual barrier, the 0.55-acre parcel also
accommodates a new 8-foot tall decorative masonry screen wall with equally tall view
obscuring access gates. A landscape planter is provided along the ext1erior edge of this wall,
where additional dirt will be bermed against the lower 2 feet with landscaping planted along
the interface to soften and reduce massing. The proposed screen wall proposes to tie into and
is architecturally consistent with the design of the existing masonry sound wall running parallel
with Cannon Road. Additionally, the senior housing project located on <:1 4.88-acre Parcei"B" is
adequate in size and shape to accommodate the proposed housing for se!nior citizens use in that
three apartment buildings with 98 units and 48 single-car garages, 22 surface parking spaces,
100 carport covered parking spaces, drive-aisles; common recreation areas and trash enclosures
can be appropriately fit within the proposed development area without the need for any
variances or development standard modifications. Furthermore, the p•·oject complies with all
applicable development standards of the Parking Ordinance (C.M.C. Chapter 21.44}, RO-M Zone
{C.M.C. Chapter 21.24), and Housing for Senior Citizens regulations (C.M.C. Chapter 21.28) in
that; adequate parking is provided; adequate building separation, l;mdscape setbacks and
buffers have been provided; total building coverage (including carports) is 32% where a
maximum 60% is allowed; and the proposed buildings have been designed or are conditioned
to accommodate the special needs and requirements of housing for sEmior citizens, including
but not limited to community rooms and common recreation areas.
That all of the 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 all minimum setbacks have been provided
and appropriately landscaped in accordance with the various requirements of the Carlsbad
Municipal Code. Combinations of landscaping, berming, and/or deco1rative masonry screen
walls have been incorporated into the project design to help screen parking areas and the RV
storage area from the adjacent properties; as well as headlight glare from vehicles entering and
circulating through the site. The proposed senior apartment buildings have been situated as far
away as possible from the adjacent Rancho Carlsbad community located to the south providing
approximately 145 to 190 feet of building separation, which is further buffered by dense mature
vegetation. In areas where existing vegetation is sparser than others, the clustering of
additional landscaping has been provided along the southern edge of the project site to increase
landscape screening and buffering. A 100-foot buffer from Calavera Creek is maintained except
in an area near the project entrance where a buffer of lesser width was previously approved by
the Wildlife Agencies. All exterior lighting is shielded downward and away from the adjacent
open space in Planning Area 23G, as well as Calavera Creek and the Rancllo Carlsbad community
beyond. Adequate vehicle circulation has been provided to accommodate RV's, passenger
vehicles, and truck-turning movements.
5. That the street system serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the proposed 98-unit senior housing use and
RV storage facility is expected to generate approximately 392 Average Daily Trips (ADT) with 20
AM peak hour trips (8 inbound/12 outbound) and 27 PM peak hour trips (16 inbound/11
outbound). The previously approved office use and RV storage was expected to generate
approximately 1,320 ADT with 185 AM peak hour trips (167 inbound/18 outbound) and 172 PM
peak hour trips (34 inbound/138 outbound), which was determined to have less than significant
impacts relating to transportation and traffic. In contrast, the proposed project would be
generating approximately 928 fewer ADT (70% reduction) than the previously approved office
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project with a reduction in AM peak hour trips by 165 trips (90% reduction) and a reduction in
PM peak hour trips by 145 trips {84% reduction}. Additionally, the pr,oject does not require
additional improvements to the existing street system in that the project frontage along Cannon
Road is fully constructed and improved as part the Robertson Ranch Ea:st Village including the
signalized intersection at Wind Trail Way and Cannon Road. Cannon Road improvements
include full width right-of-way, curb, gutter, decomposed granite pedestlrian trail, bus stop with
bench, landscaped parkway and a 6-foot tall decorative masonry sound wall. Where the project
will add vehicle traffic to El Camino Real which in areas has been identified as an exempt street
facility in the General Plan, the project is conditioned to provide a T•·ansportation Demand
Management (TOM) strategy and contribute fees towards a city wide Transportation System
Management (TSM) program.
Conditional Use Permit (CUP 15-05)
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7.
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 senior apartment
project architecture complies with the Robertson Ranch Master Plan Design Guidelines and will
complement the architectural environment of the Robertson Ranch Master Plan. Additionally,
the proposed senior apartment project will increase the diversity of housing in Carlsbad by
adding 98 for-rent senior restricted apartment units to the city's housing inventory where the
majority of housing is detached single-family dwellings occupied by above-moderate income
households; will increase housing diversity by providing housing offered at a price affordable
to low income tenants (20 apartment units will be provided onsite for low-income senior
households); and at a minimum density of 20 du/ac, the proposed senior apartment project
satisfies the Regional Housing Needs Assessment (RHNA) objective of ac:commodating housing
in the low income category.
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 proposed 98~unit senior apartment
project is well designed and situated with the adjacent age-restri,cted Rancho Carlsbad
community to the south; the density is comparable to the multi-family residential and courtyard
homes to the north; and the building design is consistent with Robertson Ranch Master Plan
Design Guidelines. Moreover, the proposed senior apartment building~; have been positioned
as far away as possible from the adjacent Rancho Carlsbad community p1roviding approximately
145 to 190 feet of building separation, which is further buffered by dense mature vegetation.
In areas where existing vegetation is sparse, the clustering of additional landscaping has been
provided along the southern edge of the project site to increase landscape screening and
buffering. All exterior lighting will be shielded downward and away from the adjacent open
space in Planning Area 23G, as well as Calavera Creek and the Rancho Carlsbad community
beyond. Potential for vehicle headlight glare on Rancho Carlsbad is rediUced by the planting of
a dense landscape screen along the outer edge of the drive-aisle near the project entrance and
also a 6-foot tall decorative masonry screen wall is proposed along thc~ southern edge of the
parking lot southeast of the proposed buildings.
8. That the site for the proposed conditional use is adequate in size and shape to accommodate the
yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other
development features prescribed in this code and required by the City Planner, Planning
Commission or City Council, in order to integrate the use with other uses in the neighborhood, in
that the senior housing project located on a 4.88-acre Parcei"B" is adequate in size and shape
to accommodate the proposed housing for senior citizens use in that thr1ee apartment buildings
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with 98 units and 48 single-car garages, 22 surface parking spaces, 100 1carport parking spaces,
drive-aisles, recreation areas and trash enclosures can be appropriately fit within the proposed
developmentarea without the need for.any variances or development s:tandard modifications.
Furthermore, the project complies with all applicable development st;andards of the Parking
Ordinance (Chapter 21.44), RO-M Zone (Chapter 21.24), and Housing for Senior Citizens
regulations (Chapter 21.28) in that: adequate parking is provided; total building coverage,
including carports, is 2S% less than the maximum allowed; and adequa1te building separation,
landscape setbacks and buffers have been provided; and the propose~d buildings have been
designed or are conditioned to accommodate the special needs and re!quirements of housing
for senior citizens, including but not limited to community rooms and common recreation areas.
Tentative Parcel Map (MS 15-12)
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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 project imJ!)Iements the goals and
policies of the General Plan as discussed in the General Findings sectijJn below; is consistent
with all minimum requirements ofTitles 20 and 21 governing lot size and configuration; and has
been designed to comply with all applicable City regulations.
That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential and open space development on the General Plan and
the proposed senior housing project and RV storage area are considered compatible uses.
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 minimum development standards and design criteria required by the
applicable zoning ordinances and master plan are incorporated into the project without the
need for variances or development standard modifications.
That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
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 include patios and balconies
to maximize exposure to natural light and ventilation.
That the Planning Commission ha·s 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.
16. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and willdlife or their habitat, in
that the project site is extensively disturbed and is identified in the HIVIP as a "Development
Area" with no adjacent HMP "Hard line" boundaries. According to the R1obertson Ranch Master
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Plan EIR and Preliminary Biological Assessment, the project site does n(lt support any riparian,
aquatic or wetland habitat, or any other sensitive natural communities. Calavera Creek is
located off-site and adjacent to the project's southerly boundary within the Rancho Carlsbad
community. The project site and creek channel are separated by an existing 6-foot tall masonry
wall located on the north side of the creek and belonging to the Ranch1o Carlsbad community.
A 100-foot buffer from Cal avera Creek is provided, except in an area nearest to the main project
entrance at Wind Trail Way and Cannon Road where a buffer of lesser width was previously
approved by the Wildlife Agencies as part of the grading for the existing PA 22 development
pad. Tubular steel fencing and a masonry wall are proposed along the southern boundary of
the PA 22 development site to discourage pedestrian trespass into the adjacent PA 23G open
space. The landscape plans require that all exterior lighting be shielded downward and away
from the PA 23G open space parcel, Calavera Creek and the Ranch4J Carlsbad community
beyond, as well as prohibiting exotic and invasive plant species. Best Management Practices
(BMPs), as required by the Stormwater Management Plan, contains adequate measures that
will preclude significant sediment runoff from the site. The project will implement standard
erosion control measures to avoid pollution and sedimentation of iinp1ortant water resources
and the loss of vegetative resources from sloped areas.
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 projec1t has been designed in
accordance with the Best Management Practices for water quality pnJtection in accordance
with the City's sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System (NPDES) requirements.
14 General
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18. 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 April
20, 2016 including, but not limited to the following:
The General Plan Land Use designation for PA 22 is R-23 Residential, while PA 23G is designated
Open Space (OS). For PA 22, the R-23 designation allows for residential development at a
density range. of 15-23 dwelling units per acre with a Growth Management Control Point
(GMCP) of 19 dwelling units per acre (du/ac). However, according to Appendix-B of the City's
Housing Element, PA 22 is identified as a site for lower to moderate income housing and is
assigned a higher minimum density requirement of 20 du/ac. With a net developable acreage
of 4.88 acres, a minimum of 98 dwelling units is required on PA 22. This is consistent with the
number of units allocated to the site with the General Plan Update. lhe project's proposed
density of 20 du/ac is within the R-23 density range of 15-23 du/ac, and is also consistent with
the higher minimum density that is specified by the City's Housing Element. As it relates to PA
23G, the project does not propose any changes that would impact the open space designation,
other than placing it into a separate 1.15 acre open space parcel (i.e., Parcel C).
a. Land Use & Community Design Goal 2-G.S -Protect the neighborhood atmosphere and ]
identity of existing residential areas-The reconfigured RV storage facility and proposed 98-
unit senior apartment project is well designed and integrated with the adjacent residential
areas. The proposed senior housing use is compatible with the adjacent age-restricted
Rancho Carlsbad community to the south; the density is comparable to the multi-family
residential and courtyard homes to the north; and the building design is consistent with
Robertson Ranch Master Plan Design Guidelines. The proposed senior apartment buildings
have been situated as far away as possible from the adjacent Rancho Carlsbad community
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providing approximately 145 to 190 feet 10f building separation, which is further buffered
by den~e mature vegetation. Additional landscaping is provided along the southern edge
of the project site to provide additionallan1ds~ape screening. All exterior lighting is shielded
downward and away from the. open space in PA 23G, the Calavera Creek and Rancho
Carlsbad community. The RV storage area is further screened by an 8-foot tall masonry wall
enclosure with equally tall gates that tie into and are architectura1lly consistent with the
design of an existing masonry sound wall running along Cannon Ro,ad. Along the exterior
of this wall, dirt is bermed against the lower 2 feet with landscape planted at the interface
to soften and reduce massing. Vehicle headlight glare on Rancho Carlsbad is reduced by a
dense landscape screen proposed along tlhe outer edge of the drivt:!-aisle near the project
entrance and also a 6-foot tall decorative masonry screen wall propo1sed along the southern
edge of the parking lot east of the proposE~d buildings.
b. Land Use & Community Design Policy 2-P .6-Encourage the provision of lower and moderate-
income housing to meet the objective of the Housing Element-The proposed 98-unit senior
apartment project, at a minimum density 1:>f 20 du/ac, satisfies the ~:egional Housing Needs
Assessment (RHNA) objective of accommo1dating housing in the low income category.
c. Land Use & Community Design Policy 2-P.46-Require new residential development provide
pedestrian and bicycle linkages, when feasible, which connect with nearby shopping centers,
community centers, parks, schools, points <>f interest, major transportation corridors and the
Carlsbad Trail System -The project site is part of the Robertson Ranch master planned
community, which includes a network of sidewalks and trails connE!ctions providing direct
access to nearby future parks and shopping centers. Additionally, c:annon Road is a major
east-west transportation corridor and includes a bus stop with bench at the project
entrance east of Wind Trail Way. The site 1plan includes pedestrian sidewalk connections to
these existing linkages, thus facilitating and encouraging walkability and the use of nearby
public transportation.
d~ Mobility Policy 3-P.S -Require developers to construct or pay their fair share toward
improvements for all travel modes consistent with the Mobility Element, Growth
Management Plan, and specific impacts associated with their development-The project does
not require additional improvements to the existing street syste!m in that the project
frontage along Cannon Road is fully constructed and improved as part the Robertson Ranch
East Village including the signalized intersection at Wind Trail Way and Cannon Road.
Cannon Road improvements include full width right-of-way, curb, gutter, decomposed
granite pedestrian trail, bus stop with bench, landscaped parkway and a 6-foot tall
decorative masonry sound wall.
e. Mobility Policy 3-P.11-Require new development that adds vehicle traffic to street facilities
that are exempt from the vehicle LOS standard .to implement a) transportation demand
management strategies that reduce the reliance on single-occupant automobiles and assist in
achieving the city's livable streets vision; and b) transportation system strategies that improve
traffic signal coordination and improve transit services-The project will add vehicle traffic
to El Camino Real which in areas has been identified as an exem1)t street facility in the
General Plan. Accordingly, the project is conditioned to provide a Transportation Demand
Management (TOM) strategy and contribute fees toward a city wide Transportation System
Management (TSM) program.
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f. Housing Policy 10-G.2 -New housing developed with diversity of types, prices, tenures,
densities, and locations, and in sufficient quantity to meet the demand of anticipated city and
regional growth-The majority of housing in Carlsbad is detached single-family dwellings,
occupied by above-moderate income households. The proposed senior apartment project
will increase the diversity of housing in Carlsbad by adding 98 for-rent apartment units to
the city's housing inventory, which will be-restricted to senior tenants. In addition, the
project will increase housing diversity by providing housing offered at a price affordable to
low income tenants (20 apartment units will be provided onsite for low-income senior
households).
g. Housing Program 2.1-Maintain adequate residential sites to accommodate the 2010-2020
Regional Housing Needs Assessment (RHNA)-The project site is part of the city's Housing
Element inventory of sites (RHNA housing sites) that can accommodate low income
households, based on a requirement for a minimum density of 20 du/ac. The project's
proposed density is 20 du/ac and will remain part of the city's RHNA housing sites inventory
until such time that the site is developed (the RHNA housing sites inventory only includes
sites with development potential).
h. Housing Programs 3.1 and 3.10-Implement lnclusionary Housing Ordinance and work with
senior housing developers and non-profit organizations to locate and construct at least 50
units of senior low-income housing between 2013 and 2020 -In accordance with the General
Plan Update (Planning Commission Resolution No. 7114), the project is conditioned to enter
into an affordable housing agreement with the City of Carlsbad to provide a minimum of
20% (i.e., 20 units} of the total housing units onsite as affordlable to lower income
households at 80% or below the San Diego County Area Median Income.
i. Open Space, Conservation and Recreation Policy 4-P.9-Maintain and implement the city's
Habitat Management Plan (HMP), including the requirement that all development projects
comply with the HMP and related documents-The project has been reviewed in accordance
with the city's Habitat Management Plan (HMP). The project site lis extensively disturbed
and is identified in the HMP as a "Development Area" with no adljacent HMP "Hardline"
boundaries. According to the Robertson Ranch Master Plan EIR and Preliminary Biological
Assessment, the project site does not support any riparian, aquath: or wetland habitat, or
any other sensitive natural communities. Calavera Creek is located off-site and adjacent to
the project's southerly boundary within the Rancho Carlsbad community. The project site
and creek channel are separated by an existing 6-foot tall masonry wall located on the north
side of the creek and belonging to the Rancho Carlsbad community. A 100-foot buffer from
Calavera Creek is provided, except in an area nearest to the main project entrance at Wind
Trail Way and Cannon Road where a buffer of lesser width was previously approved by the
Wildlife Agencies as part of the grading for the existing PA 22 dev1elopment pad. Tubular
steel fencing and a masonry wall are proposed along the southern boundary of the PA 22
development site to discourage pedestrian trespass into the adjact~nt PA 23G open space.
The landscape plans require that all exterior lighting be shielded downward and away from
the PA 23G open space parcel, Calavera Creek and the Rancho Carlsbad community beyond,
as well as prohibiting exotic and invasive plant species. Best ManagE!ment Practices (BMPs),
as required by the Stormwater Management Plan, contains adequate measures that will
preclude significant sediment runoff from the site. The project will implement standard
erosion control measures to avoid pollution and sedimentatio,n of important water
resources and the loss of vegetative resources from sloped areas.
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j. Noise Policy 5-P.3-For all projects that require discretionary review and have noise exposure
levels that exceed the standards in Table 5-1, require site planning and architecture to
incorpo"rate noise-attenuating features. With· mitigation, development should meet the
allowable outdoor and indoor noise exposure standards in Table 5-2 -According to the
project noise study, the site is impacted by traffic noise originating from Cannon Road. The
project site already includes an existing 6-foot tall masonry noise wall I atop an earthen berm
along Cannon Road. No exterior noise mitigation is necessary for cc1mpliance with the City
of Carlsbad Noise Guidelines Policy Goal of 60 dBA CNEL at the common use areas, which
are shielded by the existing noise wall and the proposed building configurations. However,
exterior noise levels at the residential building facades (Floor Levels 1-3) were found to be
above the 60 dBA CNEL threshold in various locations, and the project would thus be
required to perform an interior assessment prior to issuance of a building permit in order
to ensure a 45 dBA CNEL interior noise level consistent with the City of Carlsbad's Noise
Guidelines and also Title 24 of the California Code of Regulations. The report indicates that
interior noise levels of 45 dBA CNEL can easily be obtained with conventional building
construction methods and upgraded windows. A mitigation meas;ure has been included
requiring submittal of an acoustical study prior to issuance of a building permit to ensure a
45 dBA CNEL interior noise level is achieved consistent with the c:ity of Carlsbad's Noise
Guidelines and Title 24 of the California Code of Regulations.
k. Public Safety Policy 6-P.34-Enforce the Uniform Building and Fire codes, adopted by the City,
to provide fire protection standards for all existing and proposed structures -The project
requires building permit approval. The building permit review process requires submittal
of construction drawings for review and compliance with the Uniform Building and Fire
codes.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 14 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 14 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
20. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
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This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 14.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City's General
Plan which provides for the realization of the social, economic, aesth1~tic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation of the City's
Habitat Management Plan. The project site has already mitigated all impacts to HMP Habitat
Groups D, E and F through payment of in-lieu mitigation fees pursuant to Mitigation Measure
No. 6 as required by the addendum adopted by Planning Commission l~esolution No. 6657 on
December 16, 2009. The proposed project is confined to the existing graded PA 22 development
pad for which all impacts have been previously mitigated and there1fore does not result in
additional impacts not previously analyzed.
The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for CANNON ROAD SENIOIR HOUSING -MP 02-
03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12, the environmental impacts therein
identified for this project and any comments thereon prior to APPROVING the project; and
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has
been prepared in accordance with requirements of the California Environmental Quality Act,
the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad;
and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
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.
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1.
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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,
Minor Site Development Plan, Conditional Use Permit and Tentative Parcel Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan, Minor Site Development Plan, Conditional Use
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.
Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
Developer shall implement, or cause the, implementation of, the CANNON ROAD SENIOR
HOUSING -MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 Project Mitigation
Monitoring and Reporting Program.
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, Minor Site Development
Plan, Conditional Use 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.
Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Site Plan
and Tentative Parcel Map reflecting the conditions approved by the final decision-making body.
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.
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This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 14 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
This approval is granted subject to the approval of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and MP 02-03(H) -CJ~NNON ROAD SENIOR
HOUSING and is subject to all conditions contained in Planning Commission Resolutions No. 7159
and 7160 for those other approvals incorporated herein by reference.
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.
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 ofthe application for the
building permit, and thatwater 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.
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
14, 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.
Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a(n) Site Development Plan, Minor Site Development Plan,
Conditional Use Permit and Tentative Parcel Map by Resolution No. 7161 on the property. Said
Notice of Restriction shall note the property description, location of the file containing complete
project details and allconditions 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.
16. Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the City to provide and deed restrict 20 dwelling units
on Senior Housing Parcel "B" as affordable to lower-income households for 55 years, in
accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code and as set forth in Planning Commission Resolution No. 7117 which requires
20% of the total number of homes on the subject property to be affordable to lower income
households. The draft Affordable Housing Agreement shall be submitted to the City Planner no
later than 60 days prior to the request to final the map. The recorded Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
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Developer shall construct the 20 required inclusionary units concurrent with the project's market
rate units, unless both the final decision-making authority of the City and the Developer agree
within an Affordable Housing Agreement to an alternate schedule for development.
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.
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.
No plant species listed on the Cai-IPC Invasive Plant Inventory or identified by the Cal-EPPC as
an invasive risk in southern California shall be included in the final landscape plans or planted
onsite.
CUP 15-05 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 Pllanner 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 healthj, safety or welfare or so ·
as to constitute a nuisance, the CityPianner 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.
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.
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.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval ofthe 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.
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Developer shall establish an education program for the future senior apartment residents
regarding responsible pet ownership. The program shall at a minimum encourage a) the
keeping of pets indoors, especially at night; b) having pets neutered! or spayed to reduce
unwanted reproduction and long range wanderings; c) belling of cats to reduce their
effectiveness as predators; d) discouraging the release of unwanted pets into the wild; and e)
keeping dogs on leashes when walking them on trails, especially near preserve areas.
Walkways and hallways in the common areas of the senior housing prc•ject shall be equipped
with standard height railings or grab bars to assist persons who have difficulty with walking,
and shall have lighting conditions that are of sufficient brightness to as;sist persons who have
difficulty seeing. Compliance with these conditional requirements shall be demonstrated on
the building plans submitted for the project.
To the extent practicable, as determined by the Building Official, the interiors of each senior
apartment unit shall be designed to implement the principals of universal design as currently
established by the Center for Universal Design at the North Carolina State University, or any
other residential design elements for seniors that may currently be established by the California
Department of Aging. Compliance with these requirements shall be demonstrated on the
building plans submitted for the project.
Dwelling units shall be provided with the following and all features shall be included on plans
submitted for issuance of a building permit:
a. Tubs and/or showers equipped with, or adaptable for, at least one grab bar;
b. Tubs and/or showers equipped with temperature regulating devices;
c. Slip resistant tub and/or shower bottom surfaces; and
d. Peepholes in entry doors.
The RV storage area is subject to the following requirements:
a. Only recreational vehicles as defined in CMC Section 21.04.298 maty be stored within the
recreational vehicle storage area; all stored vehicles must be in an operable condition and,
if required, currently licensed.
b. Permitted recreational vehicle storage shall not be utilized as a sah~s yard or storage for a
sales yard. An occasional sale by an individual may be permitted.
c. The maintenance, restoration, and/or repair of any vehicle shall n,ot be permitted within
the storage area.
d. The utilization of a stored vehicle as a living unit shall not be permitted.
The Robertson Ranch Master Plan master CC&R's shall be amended to ~tddress maintenance of
the reconfigured RV storage area. Said CC&Rs shall be submitted tct and approved by the
Planning Director prior to the issuance of a grading permit. In addition to addressing
maintenance of the RV storage area, the CC&R's shall also include the ft:>llowing:
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a. Only recreational vehicles as defined in CMC Section 21.04.298 ,may be stored within the
recreational vehicle storage area; all stored vehicles must be in an operable condition and,
if required, currently licensed.
b. Permitted recreational vehicle storage shall not be utilized as a sale~s yard or storage for a
sales yard. An occasional sale by an individual may be permitted.
c. The maintenance, restoration, and/or repair of any vehicle shall ne>t be permitted within
the storage area.
d. The utilization of a stored vehicle as a living unit shall not be permitted.
Prior to demolition of the existing RV Storage facility, the applicant shall provide a temporary
secure RV Storage facility along with a Construction Phasing Plan, whkh depicts the location
and timing of this improvement to the satisfaction of the City Planner.
Engineering:
General
33.
34.
35.
36.
Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. Developer shall pay the city standard map review plan check fees.
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 engineerfor the proposed
haul route.
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,
Prior to approval of a parcel map or issuance of any permits, the developer shall submit and attain
approval from the city engineer of a Transportation Demand Management (TDM) Plan as the
project is subject to transportation demand management strategies that reduce the reliance on
single-occupant automobiles and assist in achieving the city's livable streets vision. The plan shall
include implementation approaches and timelines. Developer shall cause property owner to
submit an executed copy to the city engineer for recordation a city standard Transportation
Demand Management Implementation Agreement.
Fees/ Agreements
37.
38.
39.
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.
Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
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.
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Prior to approval of the parcel map or issuance.of any permits, the developer shall enter into an
agreement with the city to pay the city's Transportation System Management Program and
Transportation Demand Management Program fees established as a result of the forthcoming
Traffic Impact Fee Update. The form and content of said agreement shall be to the satisfaction
of the city engineer and city attorney.
Developer shall cause property owner to execute a city standard reciprocal access and parking
agreement to the satisfaction of the city engine·er.
Grading
42.
43.
44.
45.
46.
Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
Developer shall comply with the city's Storrnwater 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.
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.
This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan {SWQMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city's City of Carlsbad BMP Design Manual,, latest version. The preliminary
SWQMP on file with the city is for reference only. The final SWQMP required by this condition
shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay
all applicable SWMP plan review and inspection fees per the city's latest fee schedule.
Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMPs, and applicable hydromodification measures.
Dedications/Improvements
47. Developer shall design the private drainage systems,-as shown on the site plan 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.·
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so.
Developer shall design all proposed public improvements including but not limited to (sewer
laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains,
etc.) as shown on the site plan. 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.
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.
Developer shall provide all-weather maintenance access roads to the public drainage facilities
'{e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where
maintenance access roads are not practical and/or permitted, developer shall incorporate low-
maintenance design features to the satisfaction of the city engineer.
Utilities
51.
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55.
56.
Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire
hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed,
shall be considered public improvements and shall be served by public water mains to the
satisfaction of the district engineer.
Developer shall design and construct all required public utility 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;
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities. ·
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.
Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
The developer shall 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.
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57. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
5 following:
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This tentative parcel map shall expire two (2) years from the date on which the City Council voted
to approve this application.
Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
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 Averag1:'! Daily Trips (ADT) and
floor area contained in the staff report and shown on the tentative map are for planning purposes
only.
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.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 14 as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance with
the City's Sign Ordinance and Robertson Ranch Master Plan and shall require review and
approval of the City Planner prior to installation of such signs.
Approv;:~l 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.
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NOTICE
Please take NOTICE that approval of your project includes the 11imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as 11fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
8 APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
9 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular ri1eeting of the Planning Commission of
the City of Carlsbad, California, held on April 20, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, L'Heureux, Segall and
Siekmann
Commissioners Goyarts and Montgomery
~~Je,wtW
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
A[ 71w
DON NEU
City Planner
PC RESO NO. 7161 -19-