HomeMy WebLinkAbout2016-12-07; Planning Commission; Resolution 7176
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A VESTING
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, TWO SITE
DEVELOPMENT PLANS AND TWO CONDITIONAL USE PERMITS FOR THE
DEVELOPMENT OF A 17.71 ACRE SITE WITHIN THE BRESSI RANCH
MASTER PLAN WITH A 91,164 SQUARE FOOT SHOPPING CENTER, AND A
125 UNIT MULTI-FAMILY CONDOMINIUM PROJECT ALL LOCATED AT THE
SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND EL FUERTE
STREET, NORTH OF GATEWAY ROAD, AND EAST OF COLT PLACE AND
LOCATED WITHIN THE SOUTHEAST QUADRANT OF THE CITY WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 17.
CASE NAME: UPTOWN BRESSI
CASE NO.: CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-
09/CUP 16-01
WHEREAS, SP Acquisition, LLC, “Developer,” has filed a verified application with the City
of Carlsbad regarding property owned by HCP LS Carlsbad, LLC, “Owner,” described as
Lots 29 through 32 of Carlsbad Tract Map CT 02-15 Bressi Ranch, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 14960, filed in the Office of the County Recorder of San
Diego County, February 4, 2005
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Vesting Tentative Tract
Map as shown on Exhibit(s) “A” – “GGG” dated December 7, 2016, on file in the Planning Division
UPTOWN BRESSI -CT 14-09/PUD 14-10/SDP 14-13/SDP 16-06/CUP 14-09/CUP 16-01, as provided by
Chapter 20.12, 21.06, 21.42, and 21.45, of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 7, 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
Vesting Tentative Tract Map, Planned Development Permit, two Site Development Plans and two
Conditional Use Permits.
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.
PLANNING COMMISSION RESOLUTION NO. 7176
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B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of UPTOWN BRESSI -CT 14-09/PUD 14-10/SDP 14-13/SDP 16-
06/CUP 14-09/CUP 16-01, 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 project implements the goals and
policies of the General Plan as discussed in Planning Commission Resolution No. 7175; is
consistent with all minimum requirements of Titles 20 and 21 governing lot size and
configuration; and has been designed to comply with all applicable city regulations.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential, commercial and industrial development on the General
Plan, in that the adjacent and existing commercial, industrial, and high density residential uses
to the south, east and west are similar to existing uses found to be consistent with each other
within the Bressi Ranch Master Plan.
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 and commercial development at the
density and size proposed, in that all required minimum development standards and design
criteria required by the applicable subdivision Ordinance, zoning ordinance and Bressi Ranch
Master Plan are incorporated into the project.
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 project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures are oriented to take
advantage of shade or prevailing breezes.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the City and available fiscal and environmental resources by providing 20%
(twenty-five units) of the dwelling units as affordable units on-site to low-income households
through the construction of attached multi-family units at the proposed density (16 du/ac) that
provides moderately affordable housing units in comparison to single-family detached units
within the southeast quadrant of the City of Carlsbad.
8. 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
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that the site is a previously graded industrial lot with no significant flora or fauna and the project
will implement the required mitigation measures applicable to this site as identified in the
Uptown Bressi Project EIR.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the City’s Stormwater regulations. It has been conditioned to implement Best
Management Practices for water quality protection and to comply with the City of Carlsbad’s
BMP Design Manual, Order R9-2013-0001 and amendments R9-2015-0001 and R9-2015-0100
issued by the California Regional Water Quality Control Board for the San Diego Region, and
with the City of Carlsbad’s Municipal Code.
10. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan and Bressi Ranch Master Plan 178(I) based on the facts
set forth in the staff report dated December 7, 2016 and the findings contained in Planning
Commission Resolution No. 7175 for GPA 14-04.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 17 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 17 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 17. As provided in the analysis contained in the EIR 15-01,
implementation of the proposed project would not result in a significant impact to public services
and utilities; therefore, no mitigation measures are proposed.
14. That there have been sufficient developments approved in the quadrant at densities below the
control point to offset the units in the project above the control point so that approval will not
result in exceeding the quadrant limit. Under the proposed project, the Zone 17 LFMP would be
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amended to allow an additional 125 units for a total of 748 units. The project site is located in
the southeast quadrant of the City. According to the City’s Housing Element (2013-2021), the
southeast quadrant of the City has 661 remaining future housing units. These units are in
addition to units allocated to vacant residentially designated land use properties. Therefore,
the proposed project’s 125 residential units do not exceed the southeast quadrant’s remaining
future unit limits established by the Growth Management Plan and Proposition E. There are
adequate units in the Excess Dwelling Unit Bank (352) for the allocation of 125 dwelling units
for the land use change from Planned Industrial to R-23.
15. That the location and density of the site to be allocated excess dwelling units per City Council
Policy 43 is compatible with existing adjacent residential neighborhoods and nearby existing
and proposed commercial uses in that the site is within close proximity to neighborhood
services (shopping, employment, parks, schools, etc.); is not located in areas that contain
significant natural or manmade hazards; and is adjacent to or near properties with similar
densities.
16. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted City standards, in that implementation of the project
would not adversely impact planned or current levels of service for public facilities such as
sewer, water, open spaces, parks, libraries, fire, and police. All future development within the
project site will be required to construct necessary infrastructure as identified in the LFMP.
Therefore, the proposed project is consistent with the Zone 17 LFMP.
Planned Development Permit
17. The project’s design, including architecture, streets, and site layout a) contributes to the
community’s overall aesthetic quality, b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping, and c) achieves continuity among all elements of the
project, in that the multi-family residential air-space condominium and stacked flat
development will have an overall urban contemporary architectural theme with flat and
gable roofs. The project has three separate building plans with four different unit floor
plans. There are six different color schemes and buildings use stucco, hardboard lap siding,
brick veneer and board and batt siding as building materials and include design details
including resawn wood beams/brackets, cable suspended metal awnings, standing seam
metal roofs on architectural roof elements, and metal deck/balcony railings. Most of the
roofs incorporate a 3.5:12 roof pitch and use composition shingles. All elements (i.e. site
layout, architecture, landscaping) create continuity in the overall project design.
18. That the proposed use at the particular location is necessary and desirable to provide a service
or facility which will contribute to the general long-term well-being of the neighborhood and
community, in that the new Planning Area 16 within the Bressi Ranch Master Plan will
provide additional housing in the form of a high density land use that adds to the diversity
of housing types within the Plan in close proximity to commercial services, employment
areas and major transportation corridor (Palomar Airport Road) and is compatible with the
existing commercial, office, hotel and high density affordable housing. The commercial
component of the project is adjacent to existing commercial development and is centrally
located with pedestrian paths to serve the Bressi Ranch and surrounding communities, and
that the project meets the development standards of the Bressi Ranch Master Plan and
Zoning Ordinance. An extensive commercial study was prepared and the Uptown Bressi
site was identified as a desirable location for commercial services to satisfy the needs of the
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greater Carlsbad residents. There is sufficient desire for additional restaurants and food
options based on Sales Tax Capture and Gap Analysis reports for the City of Carlsbad in
these commercial categories. The retail vacancy rate city wide remains very low (3%) which
supports greater demand for retail space and indicates a need for options in the primary
and secondary market areas.
19. That such project 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 project meets the development standards of the Bressi Ranch Master Plan and
Zoning Ordinance and has been found consistent with the Airport Land Use Compatibility
Plan. Impacts related to the development of the project have been adequately mitigated
to a less than significant level as shown in the EIR 15-01 for the project.
Site Development Plan (Residential)
20. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will not
be detrimental to existing uses or to uses specifically permitted in the area in which the
proposed use is to be located, and will not adversely impact the site, surroundings or traffic
circulation, in that the project consists of the construction of 125 multiple-family residential
air-space condominiums on a 7.7 acre site located adjacent to Palomar Airport Road and
Colt Place. The site is adjacent to existing commercial, multiple-family residential and
industrial office developments. The proposed multiple-family residential project at a
density of 16.3 du/ac is consistent with the R-23 Residential (15-23 du/ac) General Plan Land
Use designation. The project is consistent with the various elements and objectives of the
General Plan as discussed above. The proposed multiple-family residential use will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is
located in that, multiple-family residential is a use permitted within the Bressi Ranch Master
Plan underlying zoning of Residential Density-Multiple (RD-M) Zone and is compatible with
the other residential and industrial office uses adjacent to the project site. The 125 unit
multiple-family residential condominium project will not adversely impact the site,
surroundings, or traffic circulation in that the existing surrounding streets have adequate
capacity to accommodate the 1,000 Average Daily Trips (ADT) generated by the residential
project; the project complies with all minimum development standards of the Bressi Ranch
Master Plan, the Carlsbad Municipal Code, including but not limited to the RD-M Zone and
the Planned Development Ordinance; and the project is adequately parked onsite and does
not result in any environmental impacts.
21. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 125 multiple-family residential air-space condominium project complies with all of
the minimum development standards (i.e. front, side and rear setbacks, lot coverage,
parking, and height restrictions) of the Bressi Ranch Master Plan, the Carlsbad Municipal
Code, including but not limited to the RD-M Zone and the Planned Development Ordinance
as demonstrated in the project staff report.
22. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that as demonstrated in the project staff report, the 23 three-story buildings
with 125 residential air-space condominium units project complies with all of the minimum
development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height
restrictions) of the Residential Density – Multiple (RD-M) Zone and the Planned
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Development Ordinance. Landscaping along the outer edge of the property, including the
front setback area along Gateway Road and Colt Place will be provided consistent with the
requirements of the city’s Landscape Manual and the Bressi Ranch Master Plan. A noise
wall will be constructed adjacent to Palomar Airport Road to attenuate roadway noise to
an acceptable level.
23. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the 125 unit multiple-family residential condominium
project will not adversely impact the site, surroundings, or traffic circulation in that the
existing surrounding streets have adequate capacity to accommodate the 1,000 Average
Daily Trips (ADT) generated by the residential project; the project complies with all
minimum development standards of the Bressi Ranch Master Plan, the Carlsbad Municipal
Code, including but not limited to the RD-M Zone and the Planned Development Ordinance;
and the project is adequately parked onsite and does not result in any environmental
impacts. Adjacent streets are already fully improved with pavement, curb, gutter, parkway
and sidewalk. A new signalized intersection will be installed at Gateway Road and Finnila
Place.
Site Development Plan (Commercial)
24. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will not
be detrimental to existing uses or to uses specifically permitted in the area in which the
proposed use is to be located, and will not adversely impact the site, surroundings or traffic
circulation, in that the project consists of the construction of 91,164 square feet of shops
and restaurants on a 9.97 acre site located adjacent to Palomar Airport Road and El Fuerte
Street. The site is adjacent to existing commercial, and industrial office developments. The
proposed commercial project is consistent with the Local Shopping Center (L) General Plan
Land Use designation. The project is consistent with the various elements and objectives
of the General Plan as discussed above. The proposed commercial use will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is
located in that, the local serving commercial is a use permitted within the Bressi Ranch
Master Plan underlying zoning of Local Shopping Center (CL) Zone and is compatible with
the other commercial, residential and industrial office uses adjacent to the project site. The
commercial project will not adversely impact the site, surroundings, or traffic circulation in
that the existing surrounding streets have adequate capacity to accommodate the 8,014
Average Daily Trips (ADT) generated by the commercial project; the project complies with
all minimum development standards of the Bressi Ranch Master Plan, the Carlsbad
Municipal Code, including but not limited to the C-L Zone. The shopping center location and
design encourages the use of outdoor common facilities such as courtyards and plazas; and,
there are multiple uses within the scope of the Uptown Bressi shopping center that will
have common customers and therefore use common parking facilities. Approval of the Site
Development Plan will allow tables and chairs to be located in proposed common
courtyards and plazas, thereby strengthening the intent of creating a pedestrian focused
environment. The request for a 2% reduction in the number of parking spaces is supported
in that the designated courtyards and plazas are an integral part of the Uptown Bressi
shopping center and are necessary for its success as a pedestrian destination and as such
will require fewer parking spaces.
25. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project site can accommodate the proposed commercial development while
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complying with all setback, lot coverage, and height development standards, except for a
2.2% parking reduction request. The request for a 2.2% reduction in the number of parking
spaces is supported in that the designated courtyards and plazas are an integral part of the
Uptown Bressi shopping center and are necessary for its success as a pedestrian destination
and as such will require fewer parking spaces.
26. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that the project has been designed in accordance with all development and
design standards of the Bressi Ranch Master Plan and Title 21; therefore, the project is
compatible with existing permitted and future uses. Further, the proposed commercial
buildings will be setback a minimum of 65 feet from Palomar Airport Road where 50 feet is
required and a minimum of 49 feet from El Fuerte Street where 15 feet is required and
adequate vehicular and pedestrian circulation, access aisles, and landscaping will be
provided and maintained.
27. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that multiple-family residential condominium and
commercial project will not adversely impact the site, surroundings, or traffic circulation in
that the existing surrounding streets have adequate capacity to accommodate the 9,014
Average Daily Trips (ADT) generated by the residential and commercial project; the project
complies with all minimum development standards of the Bressi Ranch Master Plan, the
Carlsbad Municipal Code, including but not limited to the C-L zone, the RD-M Zone and the
Planned Development Ordinance; and the project is adequately parked (with a 2.2 %
reduction) onsite and does not result in any environmental impacts. Adjacent streets are
already fully improved with pavement, curb, gutter, parkway and sidewalk. An additional
right-in, right-out will be provided along El Fuerte Street to add vehicular and pedestrian
access to the site and the intersection of Gateway Road and Finnila Place will be signalized
to mitigate traffic impacts to a less than significant level. The analysis included in the EIR
15-01 for the Uptown Bressi project demonstrates that the existing streets will be adequate
to accommodate the traffic generated by this project.
Conditional Use Permit (drive-thru)
28. 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
is consistent with the Bressi Ranch Master Plan and General Plan as discussed in the above
findings and staff report and the drive-thru, which is an ancillary use to the permitted use
in the C-L zone, provides a desirable service, and is a convenience to the community by
providing increased accessibility to the use and is designed to operate safely and efficiently
within the commercial center. The drive-thru lane includes directional arrows in the parking
lot to guide users to the windows and provides adequate stacking to avoid any impacts to
the circulation system, internal or external, and all drive aisles, parking spaces, back up
areas, and fire lanes are not impacted by the drive-thru lane.
29. 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 drive-thru lane is designed
so that it will not impact other commercial uses in the center. The drive-thru lane is
designed to allow for adequate queuing without blocking the commercial centers internal
circulation aisles, parking aisles, or parking spaces.
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30. That the site for the proposed conditional use is adequate in size and shape to accommodate
the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and
other development features prescribed in this code and required by the City Planner, planning
commission or city council, in order to integrate the use with other uses in the neighborhood,
in that the project complies with all of the applicable development standards of the C-L Zone
and the design of the drive-thru lane utilizes a building design element to pass under with
planters and landscaping to screen and separate the drive-thru lane from the parking lot,
drive aisles, and El Fuerte Street.
31. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the vehicle trips were analyzed in EIR 15-01 and that
the Uptown Bressi Shopping Center has adequate circulation system and all public rights-of
way will be in place to accommodate the drive-thru. The project will provide directional
signage and arrows in the parking lot to guide drive-thru users to the lane and is designed
with sufficient stacking to avoid impacting the internal circulation system.
Conditional Use Permit (Liquor Store)
32. 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 in that a
drug store drive-thru and a liquor store provide a desirable service and is a convenience to
the community by providing increased accessibility and is designed to operate safely and
efficiently within the commercial center. The uses are consistent with the General Plan
Land Use, Mobility, and Public Safety Elements as shown above. “Public convenience or
necessity” is a tool for local government and communities that directly ties them into the
state liquor licensing process. A liquor store can provide a benefit to the community
through employment gain, business taxes, and as a unique business addition. The
Municipal Code allows off-sale liquor stores with specific conditional use restrictions to
protect the community by regulating how the business operates and the use has been
conditioned accordingly. Current state law limits the issuance of new licenses in
geographical regions defined as high crime areas or in areas of “undue concentration” of
retail alcohol outlets. The Bressi Ranch area does not have a high concentration of liquor
stores nor does it have a crime rate that is higher than neighboring communities.
33. 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 liquor store provides adequate
parking, does not cause congestion or impact the traffic of other nearby commercial uses
as shown in the traffic study. The store is not, and is conditioned to not be, within 500 feet
of any other licensed liquor store.
34. 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 in order
to integrate the use with other uses in the neighborhood in that the project complies with all
of the applicable development standards of the C-L Zone except for the 2.2% parking
reduction. The liquor retail store will occupy Building C. Adequate parking is provided in
front of the building and adequate vehicular circulation is provided by the design of the
center.
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35. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that access to the retail/general commercial site would be
provided from Colt Place, Gateway Road and El Fuerte Street. The access point on El Fuerte
Street would be a right in/right out only configuration, and a deceleration lane would be
constructed on southbound El Fuerte Street. In addition, a four-way traffic signal is proposed
at the Gateway Road/Finnila Place intersection. Pursuant to the Circulation Analysis of the
project EIR 15-01, the street system serving the proposed uses will be adequate to handle
the 9,014 Average Daily Trips generated by the proposed project. The surrounding public
streets are improved to their full-width improvements, including curbs, gutters, and
sidewalks.
36. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR
15-01, the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program,
have been prepared in accordance with requirements of the California Environmental Quality
Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
37. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered Final
Project EIR 15-01, the environmental impacts therein identified for this project; the Candidate
Findings of Fact (“Findings” or “CEQA Findings”) “Exhibit A,” and the Mitigation Monitoring
and Reporting Program (“Program”) “Exhibit B,” both attached to Planning Commission
Resolution 7174, prior to RECOMMENDING APPROVAL of this project.
38. The Planning Commission finds that Final EIR 15-01 reflects the independent judgment of the
City of Carlsbad Planning Commission.
39. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and
make each and every one of the findings contained in the CEQA Findings (“Exhibit A” of
Planning Commission Resolution 7174), including feasibility of mitigation measures pursuant
to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project
alternatives.
40. The Planning Commission hereby finds that the Program (“Exhibit B” of Planning
Commission Resolution 7174) is designed to ensure that during project implementation, the
Developer and any other responsible parties implement the project components and comply
with the feasible mitigation measures identified in the CEQA Findings and the Program.
41. The Record of Proceedings for this project consists of The Report, CEQA Findings, and
Program; all reports, applications, memoranda, maps, letters and other planning
documents prepared by the planning consultant, the environmental consultant, and the
City of Carlsbad that are before the decision makers as determined by the City Clerk; all
documents submitted by members of the public and public agencies in connection with the
Project EIR; minutes of all public meetings and public hearings; and matters of common
knowledge to the City of Carlsbad which they may consider, including but not limited to,
the Carlsbad General Plan, Carlsbad Zoning Ordinance, Bressi Ranch Master Plan, and Local
Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the
custody of the City Clerk, and 1635 Faraday Avenue in the custody of the City Planner.
42. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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43. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated March 4, 2010, in that the project is located
outside the 60 dB(A) CNEL noise contour and as conditioned, the applicant shall record a
notice concerning aircraft noise as the project is within the vicinity of McClellan-Palomar
Airport. 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 the proposed residential and commercial uses are compatible uses
in Safety Zone 6 with no restriction. The property has already had an avigation easement
recorded against the property.
44. The project is consistent with the City of Carlsbad Climate Action Plan (CAP) through
compliance with state-mandated GHG reduction measures and incorporation of project
design features (Renewable and efficient energy use, Vehicular related reductions, Water use
and landscape efficiency, Waste reductions, etc.) and as conditioned herein that reduce GHG
emissions consistent with the CAP.
45. 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 below shall be satisfied prior to grading permit,
or building permit, whichever comes first; or pursuant to an approved construction schedule at
the discretion of the appropriate division manager or official.
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 these Planned Development
Permit, Site Development Plans and Conditional Use Permits. Developer or a successor in
interest shall have the vested rights conferred in Chapter 20.17 of the Carlsbad Municipal Code
as a result of the approval of the Vesting Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Vesting Tentative Tract Map, Planned Development Permit, Site
Development Plans and Conditional Use Permits 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,
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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 shall implement, or cause the implementation of, the Uptown Bressi Project Mitigation
Monitoring and Reporting Program (EIR 15-01).
6. 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 Vesting Tentative Tract Map, Planned Development Permit, Site Development
Plans and Conditional Use Permits, (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.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad Unified School District that this project has satisfied its obligation to provide
school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
9. This approval is granted subject to the approval of EIR 15-01, GPA 14-04, MP 178(I) and LFMP 87-
17(A) and is subject to all conditions contained in Planning Commission Resolutions No. 7174 and
7175 for those other approvals incorporated herein by reference.
10. This approval shall become null and void if building permits are not issued for this project within
36 months from the date of project approval.
11. 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.
12. 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
17, 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.
13. 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
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that the City of Carlsbad has issued a Vesting Tentative Tract Map, Planned Development Permit,
Site Development Plans and Conditional Use Permits by Resolution(s) No. 7176 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.
14. 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 25 dwelling units
(20% of total dwelling units) 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. 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.
15. Developer shall construct the 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.
16. 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.
17. 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.
18. CUP 14-09 and CUP 16-01 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.
19. Conditional Use Permit 14-09 and CUP 15-01 are granted without an expiration date. These
permits may be revoked at any time after a public hearing, if it is found that the use(s) has/have
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a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or
the conditions imposed herein have not been met.
20. For CUP 15-01 (liquor store), an opening shall be provided through which an unobstructed view
of the interior of the premises can be obtained from the exterior of the building. Such
establishment shall not be located within five hundred feet of any other licensed liquor store.
21. Developer of the residential project shall establish a homeowner's association and corresponding
covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the City Planner prior to final map approval. Prior to issuance of a building permit, the
Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have
been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs
shall contain the following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City within
30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that
the Association fails to maintain the “Common Area Lots and/or the Association’s
Easements” as provided in Article , Section the City shall
have the right, but not the duty, to perform the necessary maintenance. If the City elects
to perform such maintenance, the City shall give written notice to the Association, with a
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the City finds to be required and requesting the same be carried out
by the Association within a period of thirty (30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association’s Easements within the period specified by the City’s notice, the
City shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association’s Easements, the City shall
submit a written invoice to the Association for all costs incurred by the City to perform
such maintenance of the Common Area Lots and or Association’s Easements. The City
shall provide a copy of such invoice to each Owner in the Project, together with a
statement that if the Association fails to pay such invoice in full within the time specified,
the City will pursue collection against the Owners in the Project pursuant to the provisions
of this Section. Said invoice shall be due and payable by the Association within twenty
(20) days of receipt by the Association. If the Association shall fail to pay such invoice in
full within the period specified, payment shall be deemed delinquent and shall be subject
to a late charge in an amount equal to six percent (6%) of the amount of the invoice.
Thereafter the City may pursue collection from the Association by means of any remedies
available at law or in equity. Without limiting the generality of the foregoing, in addition
to all other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal pro rata share of
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the invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special assessment is
levied. Each Owner in the Project hereby vests the City with the right and power to levy
such special assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and his/her
respective Lot for purposes of collecting such special assessment in accordance with the
procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit .
g. Rentals: If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 30 days. The CC&Rs for the project shall include this
requirement.
22. Prior to issuance of residential building permits, the Developer shall submit to the City Planner a
recorded copy of the Condominium Plan filed with the Department of Real Estate which is in
conformance with the City-approved documents and exhibits.
23. 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.
24. Developer shall submit a street name list consistent with the City’s street name policy subject to
the City Planner’s approval prior to final map approval.
25. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and
active recreational areas per the approved plans, including landscaping and recreational facilities.
26. 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.
27. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility stating the fact of a potential pass-through of fees or taxes exists and where complete
information regarding those fees or taxes can be obtained.
28. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office at all times. All sales maps that are distributed or made available to
the public shall include but not be limited to trails, future and existing schools, parks, and streets.
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29. Developer shall post a sign in the sales office in a prominent location that discloses which special
districts and school district provide service to the project. Said sign shall remain posted until ALL
of the units are sold.
30. Prior to the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be subject to
noise impacts from the proposed or existing Transportation Corridor, in a form meeting the
approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning
Division).
31. Prior to the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property is subject to
overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form
meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the
Planning Division).
32. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development. The number and locations of said signs shall be approved by the City
Planner (see Noise Form #3 on file in the Planning Division).
33. Developer shall request and receive from the City a Release of Notice of Restriction on Real
Property recorded June 2, 2005 in the San Diego County Recorder’s Office under Document No.
2005-0461222 to remove the subject property from the McClellan-Palomar Comprehensive
Land Use Plan Flight Activity Zone restriction as it is no longer applicable to the property with
the adoption of the McClellan-Palomar Airport Land Use Compatibility Plan.
34. 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.
35. 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.
36. 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.
37. Developer shall construct, install, and stripe not less than 491 parking spaces, as shown on Exhibit
“A” – “GGG”. Building plans shall show the locations of Accessible and EV spaces.
38. Prior to issuance of a building permit for the commercial use, 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.
39. The following tribal cultural resource measures shall be implemented:
a. Prior to the commencement of any ground disturbing activities, the project developer
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shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians. This agreement will contain provisions to address the proper treatment
of any cultural resources or Luiseño Native American human remains inadvertently
uncovered during the course of the project. The agreement will outline the roles
and powers of the Luiseño Native American monitors and the archaeologist.
b. Any and all uncovered artifacts of Luiseño Native American cultural importance should
be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely
Descendant, if applicable, and not be curated.
c. Native American monitors and archaeological monitors shall have joint authority to
temporarily divert and/or halt construction activities. If cultural resources are
discovered during construction, all earth moving activity within and around the
immediate discovery area must be diverted until the Luiseño Native American monitor
and the archaeologist can assess the nature and significance of the find.
d. The Luiseño Native American monitor shall be present at the project’s preconstruction
meeting to consult with grading and excavation contractors concerning excavation
schedules and safety issues, as well as consult with the principal archaeologist
concerning the proposed archaeologist techniques and/or strategies for the project.
e. If a significant cultural resource(s) and/or unique archaeological resource(s) are
unearthed during ground disturbing activities for this project, the San Luis Rey Band
of Mission Indians shall be notified and consulted regarding the respectful and
dignified treatment of those resources. Pursuant to California Public Resources Code
Section 21083.2(b) avoidance is the preferred method of preservation for
archaeological and cultural resources. If however, the Applicant is able to
demonstrate that avoidance of a significant and/or unique cultural resources is
infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead
agency, the San Luis Rey Band of Mission Indians shall be consulted regarding the
drafting and finalization of any such recovery plan.
f. When cultural resources are discovered during the project, if the archaeologist
collects such resources, a Luiseño Native American monitor must be present during
any testing or cataloging of those resources. If the archaeologist does not collect the
cultural resources that are unearthed during the ground disturbing activities, the
Luiseño Native American monitor, may in their discretion, collect said resources and
provide them to the tribe and respectful and dignified treatment in accordance with
the San Luis Rey Band of Mission Indians cultural and spiritual traditions.
g. If suspected Native American human remains are encountered, California Health and
Safety Code Section 7050.5 states that no further disturbance shall occur until the San
Diego County Coroner has made the necessary findings as to origin. Further, pursuant
to California Public Resources Code Section 5097.98(b) remains shall be left in place
and free from disturbance until a final decision as to the treatment and disposition has
been made. Suspected Native American remains shall be examined in the field and
kept in a secure location at the site. A Luiseño Native American monitor shall be
present during the analysis of the remains. If the San Diego County Coroner
determines the remains to be Native American, the Native American Heritage
Commission (NAHC) must be contacted within 24 hours. The NAHC must then
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immediately notify the “Most Likely Descendant” of receiving notification of the
discovery. The Most Likely Descendant shall then make recommendations within 48
hours, and engage in consultation concerning treatment of remains as provided in
Public Resources Code 5097.98.
h. In the event that fill is imported into the project area, the fill shall be clean of cultural
resources and documented as such. If fill material is to be utilized and/or exported
from areas within the project site, then that fill shall be analyzed and confirmed by an
archeologist and Luiseño Native American monitor that such fill material does not
contain cultural resources.
41. The Developer shall implement the following greenhouse gas reduction measures:
a. Per the Uptown Bressi project – Greenhouse Gas Emission Reduction Quantification,
RECON, dated November 17, 2016, the residential project shall include installation of a
photovoltaic (PV) energy system capable of producing a minimum of 375,000 kilowatts
hours per year (kWh) of electricity annually. The commercial project shall include a PV
energy system capable of producing a minimum of 459,270 kWh per year. The PV
energy systems shall be installed concurrent with and proportional to the construction
and occupancy of the individual buildings. Since better technologies and other
incentives may become available in the future for more efficient and economical
renewable energy systems, or city may update compliance methods, systems may be
analyzed for Climate Action Plan (CAP) compliance prior to building permit issuance.
Developer shall submit and receive approval of a Consistency Determination by the City
Planner and provide a Greenhouse Gas analysis report showing consistency with the
CAP.
b. All project buildings shall comply with the Green Building Code including the
requirement for use of EnergyStar systems and white roofs.
c. The project shall incorporate the following design features to reduce energy use for
water heating:
1. Solar water heating would be provided for the residential recreational common
areas.
2. All residential indoor hot water would be supplied by tankless water heaters.
d. Prior to occupancy, verification shall be provided that at least 75 percent of project
luminaires be LED or similarly energy efficient device.
e. The commercial portion of the project shall include 30 parking spaces pre-wired and
capable of supporting electric vehicle (EV) charging stations. Of these 30 parking spaces,
the project shall install "EV Ready" (defined as meeting the requirements of CalGreen
Section 5.106.5.3.2) stations at 15 commercial parking spaces. All residential garages
will be pre-wired for EV charging stations and the project will include one EV charging
station at a visitor parking space.
f. The project shall utilize recycled water for all landscaping where practicable.
g. The project shall include rainwater systems that would collect and distribute rainwater
to landscaping, such as planter boxes.
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Engineering Conditions
General
42. 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.
43. 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.
44. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site
Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision making body. The copy shall be submitted to the city planner, reviewed and, if
found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
45. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs, other recorded
document or other means acceptable to the city engineer, addressing the maintenance, repair,
and replacement of shared private improvements within this subdivision, including but not limited
to parking, private driveways, utilities, street trees, sidewalks, landscaping, street lighting, water
quality treatment measures, low impact development features, storm drain facilities, located
therein and to distribute the costs of such maintenance in an equitable manner among the owners
of the properties within this subdivision.
46. 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.
47. 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.
48. 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.
49. Prior to approval of the final map or issuance of any permits, the developer shall submit and attain
approval from the city engineer 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.
50. All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary
during discretionary review and are subject to additional review and modification during final
design.
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Fees/Agreements
51. 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.
52. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
53. 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.
54. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private storm drain and concrete decorative
pavers located over proposed public right-of-way or easements as shown on the tentative map.
Developer shall pay processing fees per the city’s latest fee schedule.
55. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering all private balconies located over proposed
general utility and access easements or water easements as shown on the tentative map.
Developer shall pay processing fees per the city’s latest fee schedule.
56. 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
2002-01 (Poinsettia Lane East) Assessment District, 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.
57. The subject property is within the boundaries of Assessment District No. 2002-01 (Poinsettia Lane
East). The owner of this property has previously executed a Special Assessment District Disclosure
Agreement with the city. Said Agreement contains provisions requiring the current owner and
any subsequent owner(s) to provide notice to potential buyers of the amount of the assessment
and other provisions and requires owner to have each buyer receive, execute and deposit into
escrow a Notice of Special Assessment and Prepayment Option Agreement. In the event that
owner does not have the buyer execute the Notice of Special Assessment and Prepayment Option
Agreement prior to close of escrow, the assessment on the subject property must be paid off in
full by owner.
58. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2
(SL&LD #2). Prior to approval of any grading, building permits or final map for this project,
developer shall cause owner to execute an Agreement to annex the subject property into SL&LD
#2. The Agreement shall be in a form approved by the assistant city finance director. Developer
shall pay all fees necessary to annex the property into SL&LD #2.
59. Prior to approval of the final 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.
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Grading
60. Based upon a review of the proposed grading and the grading quantities shown on the vesting
tentative map, 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.
Storm Water Quality
61. 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.
62. 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.
63. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s
latest fee schedule.
64. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
65. Developer shall cause owner to dedicate to the city and/or other appropriate entities easements
for public street & public utility, water, and general utility and access purposes as shown on the
tentative map. The offer shall be made by a certificate on the final map. All land so offered shall
be free and clear of all liens and encumbrances and without cost to the city. Streets that are
already public are not required to be rededicated. Additional easements may be required at final
design to the satisfaction of the city engineer.
66. 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.
67. Developer shall prepare and process public improvement plans and, prior to city engineer
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approval of said plans, shall execute a city standard subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
shown on the tentative map. Said improvements shall be installed to city standards to the
satisfaction of the city engineer. These improvements include, but are not limited to:
a. Install on-site public sewer and public potable water system.
b. Add raised medians and reconfigure street striping on Gateway Road.
c. Add pedestrian ramps at driveway and street intersections.
d. Add raised median on El Fuerte Street extending from Palomar Airport Road to Gateway
Road and construct a deceleration lane with new pavement, striping, curb, gutter and
sidewalk north of the new driveway on El Fuerte Street.
e. Install two Chicanes on Gateway Road: one between Innovation Way and Alicante Road
and one between Innovation Way and Village Green Drive.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
68. Developer shall prepare and process improvement plans and, prior to approval, shall execute a
city standard Subdivision Improvement Agreement to install and shall post security in accordance
with C.M.C. Section 20.16.070 for public signal improvements shown on the tentative map. Said
improvements shall be installed to city standards to the satisfaction of the city engineer. More
specifically, these signal improvements include but are not limited to constructing a new fully
actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and
cable, at the intersection of Gateway Road and Finnila Place. Interconnect conduit and cable
shall also be installed to connect this traffic signal to the traffic signal at the intersection of
Gateway Road and El Fuerte Street, all to the satisfaction of the City Engineer. Developer shall
install the traffic signal only with written authorization from the city engineer. Developer shall
pay the standard improvement plan check and inspection fees. Improvements listed above shall
be constructed within 18 months of approval of the subdivision or development improvement
agreement or such other time as provided in said agreement.
69. The developer shall pay a fair share contribution of 35% of the total design and construction
cost for a future traffic signal at the intersection of Innovation Way and Gateway Road in
accordance with the “Methodology for Calculating Equitable Mitigation Measures” per
Appendix B of the December 2002 Caltrans Guide for the Preparation of Traffic Impact Studies.
An estimated cost to design and construct the signal shall be provided by the developer subject
to the approval of the city engineer.
70. On applicable residential townhomes that abut general utility and access easements or public
water easements, the developer shall install deepened building footings and/or employ other
acceptable permanent shoring methods to assure adequate access to public utilities is provided
via future trenching, all subject to the approval of the city engineer.
71. Developer shall cause owner to abandon the relinquishment of access rights, recorded per either
map No. 14600 or 14960, at the proposed project driveway entrances on El Fuerte Street and
Gateway Road.
72. Developer shall abandon the existing water easement recorded per deed dated October 23,
1961 as file number 183352.
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73. 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.
Non-Mapping Notes
74. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard subdivision Improvement Agreement and has posted
security in accordance with C.M.C. Section 20.16.070 to install public improvements shown
on the tentative map. These improvements include, but are not limited to:
1. Install on-site public sewer and public potable water system.
2. Add raised medians and reconfigure street striping on Gateway Road.
3. Add pedestrian ramps at driveway and street intersections.
4. Add raised median on El Fuerte Street extending from Palomar Airport Road to
Gateway Road and construct a deceleration lane with new pavement, striping, curb,
gutter and sidewalk north of the new driveway on El Fuerte Street.
5. Install Chicanes on Gateway Road between Innovation Way and Alicante Road and
between Innovation Way and Village Green Drive.
B. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public signal
improvements shown on the tentative map. These signal improvements include but are
not limited to constructing a new fully actuated traffic signal including all appurtenances
and traffic signal interconnect conduit and cable, at the intersection of Gateway Road
and Finnila Place. Interconnect conduit and cable shall also be installed to connect this
traffic signal to the traffic signal at the intersection of Gateway Road and El Fuerte
Street, all to the satisfaction of the City Engineer.
C. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
D. 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.
E. 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.
F. 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
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design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
Utilities
75. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
76. The developer shall agree to 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.
77. 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.
78. The developer shall agree to 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.
79. The developer shall design and agree to 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.
80. Prior to using one potable water meter to serve a multi-ownership building, developer shall apply
for and receive approval from the utilities director. Upon application for and good cause shown,
the utilities director may allow a single potable water service connection and meter to a multi-
ownership building within this subdivision provided:
A. Developer shall record a deed restriction or other such document as approved by the
public works director and general counsel placing future owners on notice that each and
every residential or commercial/office unit is served by a single service connection and
meter, and in the event that the water bill is not paid by the party or entity responsible
for paying the monthly water service charges to CMWD for the respective building
occupied by the multi-ownership , CMWD may at its direction shut off the water service
to such multi-ownership building in accordance with CMWD adopted rules and
regulations.
B. Developer shall install a private sub-meter for each separately established residence or
business within a multi-ownership building having a single potable water service
connection and meter.
If denied, developer shall revise all design drawings to provide separate potable water meters for
each separately owned unit within this subdivision per district requirements.
81. The developer shall submit a detailed sewer study, prepared by a registered engineer, that
identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the
main lines, and the capacity of the existing infrastructure. Said study shall be submitted
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concurrently with the improvement plans for the project and the study shall be prepared to the
satisfaction of the district engineer.
82. The developer shall submit a detailed potable water study, prepared by a registered engineer that
identifies the peak demands of the project (including fire flow demands). The study shall identify
velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
83. 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.
84. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
85. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 17 as required by Carlsbad Municipal Code Section 21.90.050.
86. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
87. 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.
88. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
89. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
90. 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. Signs and sign locations shown on the approved plans are specifically
not permitted as part of the approvals herein. A Sign Program shall be submitted for review
and approval by the City Planner prior to the installation of any signs.
91. This vesting tentative map shall expire two years from the date on which the planning commission
or city council, whichever is the final decision maker, voted to approve this application.
92. 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.
93. 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 vesting tentative map are for planning
purposes only.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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