HomeMy WebLinkAbout2017-04-05; Planning Commission; Resolution 7237
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP
AMENDMENT AND A MAJOR REVIEW PERMIT AMENDMENT TO MODIFY
A PREVIOUSLY-APPROVED FOUR-STORY MIXED USE BUILDING TO
REPLACE EIGHT (8) PROFESSIONAL OFFICE CONDOMINIUMS ON THE
SECOND AND THIRD FLOOR WITH SEVEN (7) ADDITIONAL RESIDENTIAL
CONDOMINIUMS. THE RESULTING TOTAL NUMBER OF RESIDENTIAL
CONDOMINIUMS PROPOSED WOULD BE INCREASED FROM FOUR (4) TO
ELEVEN (11). THE 0.32-ACRE PROJECT SITE IS ADDRESSED AS 725 GRAND
AVENUE, AND LOCATED WITHIN LAND USE DISTRICT 1, CARLSBAD
VILLAGE CENTER, OF THE VILLAGE REVIEW (VR) ZONE AND LOCAL
FACILITIES MANAGEMENT ZONE 1. THE PROJECT QUALIFIES AS A CEQA
GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) CLASS 32
CATEGORICAL EXEMPTION.
CASE NAME: THE GRAND MADISON
CASE NO.: CT 15-04(A)/RP 15-06(A) (DEV 15-028)
WHEREAS, Patrick Smith, LLC, “Developer/Owner” has filed a verified application with
the City of Carlsbad regarding properties described as:
Lots 13, 14, 15, and 16 in Block 49 of Carlsbad Townsite, in the City of
Carlsbad, County of San Diego, State of California, according to Map
thereof No. 535, filed in the office of the County Recorder of San Diego
County, May 2, 1888
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map
Amendment and a Major Review Permit Amendment as shown on Exhibits “A – T” dated April 5, 2017,
on file in the Planning Division, CT 15-04(A)/RP 15-06(A) – THE GRAND MADISON, as provided by Title 20
and Chapter 21.35 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 5, 2017, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Tentative Tract Map Amendment and Major Review Permit Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
PLANNING COMMISSION RESOLUTION NO. 7237
PC RESO NO. 7237 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES of CT 15-04(A)/RP 15-06(A) – THE GRAND MADISON based on the following
findings and subject to the following conditions:
Findings:
Tentative Tract Map Amendment, CT 15-04(A)
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act,
and will not cause serious public health problems, in that the proposed amendment to the
tentative tract map to replace the office condominiums with additional residential
condominiums is consistent with the General Plan and satisfies all minimum requirements of
the Village Master Plan and Titles 20 and 21, with respect to public facilities, access and parking
as discussed in the project staff report.
2. That the proposed project is compatible with the surrounding future land uses since the
surrounding properties are developed, are currently designated as Village (V) in the General Plan
and are located in Land Use Districts 1 or 2, Carlsbad Village Center and Office Support Area,
respectively, of the Village Master Plan. The subject property is bordered to the north by Grand
Avenue, a private parking lot and the Grand Avenue Bar and Grill; to the south by a parking lot
and the Blue Ocean restaurant; to the east by the Madison Street Alley and a professional office
building; and to the west by Madison Street and Chase bank. Pursuant to the Land Use District
1 of the Village Master Plan, the intent is to reinforce the pedestrian shopping environment,
encourage mutually supportive uses and provide activity focus for Carlsbad Village and the City
as a whole.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that the Village (V) General Plan Land Use designation allows residential development at a
density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.32 acres, the
proposed 11 residential condominium units have a density of 34.4 dwelling units per acre. As
the proposed project falls within the allowable density range and meets all required
development standards, the project is consistent with this finding.
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 the units have been designed to
maximize exposure of each unit to natural light and ventilation from nearby coastal breezes.
PC RESO NO. 7237 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the City and available fiscal and environmental resources in that the applicant
proposes to purchase two affordable housing credits within the Tavarua Affordable Housing
Project to satisfy their inclusionary housing obligations prior to the issuance of a building permit.
As such, the project has been conditioned to require the approval of an Affordable Housing
Agreement prior to approval of the final map.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the developed lot is devoid of sensitive vegetation and any natural water features;
therefore, the proposed project does not impact any fish, wildlife or habitat.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City’s sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System (NPDES) requirements.
10. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the existing streets can accommodate the estimated net
increase of 18 ADTs and all required public right-of-way has been or will be dedicated and has
been or will be improved to serve the development. In addition, the proposed project would
not result in any significant capacity-related impacts to any road segments or intersections.
Major Review Permit Amendment, RP 15-06(A)
11. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, and the development standards of the Village Review
Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff
report dated April 5, 2017, including, but not limited to the following:
A. Land Use: The proposed project, which includes demolition of an existing dental office
building and the construction of a 21,158 square foot four-story mixed-use building
consisting of 4,600 square feet of ground floor retail/commercial area, 11 residential
condominium units, and an enclosed at-grade parking garage, will enhance the vitality
of the Village, specifically Land Use District 1 (Carlsbad Village Center), by providing
mutually supportive uses in the form of residential and commercial retail uses;
reinforcing the pedestrian-orientation that is desired for the downtown area by placing
new residents and employees in close proximity to services and the opportunity to walk
to local shopping, dining, recreation, and mass transit functions; the project’s close
proximity to existing bus routes and mass transit help to further the goal of providing
new economic and residential development near transportation corridors; and lastly,
will contribute to the revitalization of the Village area in the form of a new building at
the southeast corner of Grand Avenue and Madison Street which not only provides a
strong street presence, landscape planters, a seating area on the corner and visually
subordinate parking, but also new commercial lease space, new employment
opportunities and new consumers for the Village.
B. Housing: The proposed project is consistent with the Housing Element of the General
Plan and the City’s Inclusionary Housing Ordinance, in that the proposed project is
PC RESO NO. 7237 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
conditioned to purchase two affordable housing credits to fully satisfy the inclusionary
requirement. In February, 2017, the City’s Housing Policy Team recommended approval
of the above-noted proposal and recommended the developer purchase two affordable
housing credits within the Tavarua Affordable Housing Project to satisfy the affordable
housing requirement. The project has been accordingly-conditioned to require the
approval of an Affordable Housing Agreement prior to approval of the final map.
C. Mobility: Grand Avenue and Madison Street can accommodate the estimated 18 ADTs
(net increase) and all required public right-of-way has been or will be dedicated and has
been or will be improved to serve the development. The pedestrian spaces and
circulation have been designed in relationship to the land use and available parking.
Pedestrian circulation is provided through pedestrian-oriented building design,
landscaping, and hardscape. Public facilities have been, or will be constructed to serve
the proposed project.
D. Public Safety: The proposed building is required to be designed in conformance with all
seismic design standards of the California Building Code (CBC) and State building
requirements. Additionally, the proposed project design is consistent with all of the
applicable fire safety requirements; and the entire building is designed to be sprinkled
in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad
regulations.
E. Noise: The project site is located approximately ¼ mile east of the train station. The
proposed project is consistent with the Noise Element of the General Plan in that the
project has been conditioned to comply with the recommendations of the noise analysis
report (Birdseye Planning Group, December, 2015) to ensure that the proposed building
design adequately attenuates the noise levels for the new condominiums. The windows
of each unit will need to be closed to meet a 45 dB(a) CNEL interior noise level.
Therefore, mechanical ventilation is required. In addition, the project is conditioned to
comply with the construction requirements of the aforementioned noise study.
F. Land Use District 1 Standards: The project as designed is consistent with the
development standards for Land Use District 1, the Village Design Guidelines and other
applicable regulations set forth in the Village Master Plan and Design Manual as
discussed in the project staff report. The project is not requesting any deviations to the
development standards.
12. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and
participation in the program will satisfy the parking requirements for the project. Justification for
participation in the Parking In-Lieu Fee Program is contained in the following findings:
A. The project is consistent with Village Review Master Plan and Design Manual in that the
project assists in satisfying the goals and objectives through the following actions 1) the
mixed-use project stimulates property improvements and new development in the
Village by constructing a new permitted mixed-use building in an area with a mix of
dated buildings and increasing the intensity of development within the Village; 2) it
establishes Carlsbad Village as a quality shopping, working and living environment by
providing new employment opportunities; attracting additional tourist-serving uses;
increasing the number, quality, diversity and affordability of housing units within the
Village; and reinforcing pedestrian retail continuity within the Village commercial areas;
and 3) improves the physical appearance of the Village Area by redeveloping an
underutilized site along Grand Avenue and Madison Street with a new building that
adheres to the land use regulations and design guidelines set forth for the area;
PC RESO NO. 7237 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B. The proposed use is consistent with the goals and objectives set forth for Land Use
District 1 of the Village Master Plan and Design Manual in that the mixed-use
development not only provides mutually supportive uses in the form of residential and
commercial uses along State Street, but reinforces the pedestrian-orientation desired
for the downtown area by providing new residents and timeshare occupants an
opportunity to walk to local shopping, dining, recreation, and mass transit functions;
furthermore, its close proximity to existing bus routes and mass transit help to further
the goal of providing new economic and residential development near transportation
corridors; and lastly, it will contribute to the revitalization of the Village area in the form
of a new building at the southeast corner of Grand Avenue and Madison Street; new
commercial lease space, new employment opportunities and new consumers;
C. Adequate parking is available within the Village to accommodate the project's parking
demands. Based on the most recent parking study dated November, 2016, the average
occupancy for all public parking lots is 62% at its peak. This utilization ratio allows for
continued implementation of the parking in-lieu fee program because it is less than the
85% threshold for maximum utilization set by the City Council; and
D. The In-Lieu Fee Program has not been suspended or terminated by the City Council.
City Council Policy No. 43, Allocation for Excess Dwelling Units
13. That the City’s Housing Policy Team recommended approval of the request for an allocation of
11 units from the Excess Dwelling Unit Bank in February, 2017.
14. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project is consistent with the
adjacent mix of residential, commercial land uses and anticipated uses in that Land Use District
1 of the Village Master Plan is intended to provide for a gradual transition to a mix of higher
quality commercial and residential uses which will provide positive support for the core of the
Village. The Village (V) General Plan Land Use designation allows residential development at a
density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.32 acres, the
proposed 11 residential condominium units have a density of 34.4 dwelling units per acre. The
proposed project is consistent with the intent of Land Use District 1 of the Village Master Plan
and will contribute towards the overall revitalization of the Village Area.
15. That pursuant to CMC Chapter 21.85.030, for any market-rate residential development of seven
(7) or more units, not less than 15% of total units shall be restricted both as to occupancy and
affordability to lower income households. The proposal to construct 11 residential
condominium units is satisfying its inclusionary housing obligation through the purchase of two
(2) affordable housing credits within the Tavarua Affordable Housing Project, if available at time
of building permit issuance, or an alternative solution will need to be authorized subject to City
Council approval. The project is conditioned to require the approval of an Affordable Housing
Agreement prior to approval of the final map.
16. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest
quadrant to allocate 11 units for the proposed project. Per the city’s Quadrant Dwelling Unit
Report (latest available dated January, 2017), 757 units remain available for allocation in the
Village.
PC RESO NO. 7237 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
California Environmental Quality Act:
17. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development
project. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the State CEQA Guidelines do not apply to this project.
General
18. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public 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. 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.
C. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
19. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
20. 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 approval of the
final map, demolition permit, grading permit or building permit whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City’s approval of this Tentative Tract Map
Amendment and Major Review Permit Amendment.
PC RESO NO. 7237 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map Amendment and Major Review Permit Amendment
documents, as necessary to make them internally consistent and in conformity with the final
action on the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to this
approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Tentative Tract Map Amendment and Major Review
Permit Amendment (b) City’s approval or issuance of any permit or action, whether discretionary
or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the City’s approval is not validated.
6. Prior to 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.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. 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.
9. 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.
10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
PC RESO NO. 7237 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11. 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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
12. 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.
13. The irrigation systems shall be designed for the use of recycled water unless an exemption is
granted by the City of Carlsbad Utility Division.
14. A separate water service for landscaping including but not limited to connections, water meters,
and backflow preventers shall be provided.
15. 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 Director of the
Community and Economic Department.
16. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the office
of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map
Amendment and Major Review Permit Amendment by Resolution No. 7237 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.
17. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final map approval. Prior to issuance of a building permit, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
A. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the City has an interest.
B. Notice and Amendment: A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City within
30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements: In the event that
the Association fails to maintain the “Common Area Lots and/or the Association’s
Easements” as provided in Article , Section the City shall
PC RESO NO. 7237 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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. No rooftop deck appurtenances, temporary or permanent, shall project above the 42-
inch-tall parapet/safety railing. The CC&Rs shall include this condition, to the
satisfaction of the City Planner.
18. This project is being approved as a condominium permit for residential and commercial retail
ownership purposes. If any of the residential units in the project are rented, the minimum time
increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include
this requirement.
19. Prior to the recordation of the first final 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 impacts
from the existing Railroad Transportation Corridor, in a form meeting the approval of the City
Planner and the City Attorney (see Notice and Waiver Concerning Railroad Environmental
Impacts on file in the Planning Division).
PC RESO NO. 7237 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20. 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 an
Outdoor Storage Plan, and thereafter comply with the approved plan.
21. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction of the City Planner.
22. Developer shall construct, install, and stripe not less than 20 parking spaces, including one (1)
accessible parking space, as shown on Exhibits “A – T”.
23. 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 purchase two (2) inclusionary housing
credits within the Tavarua Affordable Housing Project if available at time of building permit
issuance or an alternative solution will need to be authorized subject to City Council approval.
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.
24. Prior to issuance of building permits, the Developer shall receive City Council approval to enter
into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee
for 12 parking spaces. The fee shall be the sum total of the fee per parking space in effect at
the time of the building permit issuance times the number of parking spaces needed to satisfy
the project’s parking requirement (12 spaces total).
25. Prior to the issuance of building permits, the applicant shall submit a lighting plan for review
and approval by the City Planner.
26. Prior to issuance of the building permit, verification shall be submitted confirming that the
buildings have been designed to comply with the recommendations of the noise study prepared
for the project (Birdseye Planning Group, December, 2015).
27. Prior to issuance of the building permit, the Traffic Engineer and City Planner shall determine if
the placement of safety signage at the northeast corner of the building is warranted to alert
pedestrians and vehicles regarding vehicles backing-out of the parking stalls located within the
building and adjacent to the Madison Street alley and Grand Avenue. If it is determined that
signage is warranted, the building plans shall incorporate the appropriate signage, to the
satisfaction of the Traffic Engineer and City Planner.
28. The footprint of the roof deck and the associated security fencing facing the Grand Avenue and
Madison Street frontages shall be setback an additional six (6) feet, to the satisfaction of the
City Planner.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a final map, grading permit or building
permit whichever occurs first.
PC RESO NO. 7237 -11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
General
29. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
30. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
31. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private utilities, street trees,
sidewalks, landscaping, water quality treatment measures, low impact development features and
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.
32. 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.
Fees/Agreements
33. Changes to the approved grading plan DWG 489-9A or expiration of grading permit GR 16-04
may require property owner to execute and submit to the city engineer for recordation, the city’s
standard form Geologic Failure Hold Harmless Agreement.
34. Changes to the approved grading plan DWG 489-9A or expiration of grading permit GR 16-04
may require property owner to execute and submit to the city engineer for recordation the city’s
standard form Drainage Hold Harmless Agreement.
35. Changes to the approved grading plan DWG 489-9A or expiration of grading permit GR 16-04
may require property owner to submit an executed copy to the city engineer for recordation a
city standard Permanent Stormwater Quality Best Management Practice Maintenance
Agreement.
Grading
36. Changes to the approved grading plan DWG 489-9A or expiration of grading permit GR 16-04
will require property owner to prepare and submit plans and technical studies/reports for city
engineer review, post security and pay all applicable grading plan review and permit fees per the
city’s latest fee schedule.
37. Expiration of grading permit GR 16-04 shall cause the contractor shall submit a Construction Plan
to the city engineer for review and approval. Said Plan may be required to include, but not be
limited to, identifying the location of the construction trailer, material staging, bathroom facilities,
parking of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities.
PC RESO NO. 7237 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Storm Water Quality
38. 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.
39. Expiration of grading permit GR 16-04 shall cause developer shall complete and submit to the
city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards.
Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water
Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as
determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall
pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
40. This project is subject to ‘Priority Development Project’ requirements. Expiration of grading
permit GR 16-04 shall cause 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.
41. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP and Low Impact Design (LID) facilities.
Dedications/Improvements
42. 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
has been executed. Change in the responsible party will require execution of a new agreement.
Said improvements shall be installed to city standards to the satisfaction of the city engineer.
These improvements include, but are not limited to:
A. Curb, gutter, sidewalk, pedestrian ramp and driveway approach.
B. Alley improvements.
C. Sewer lateral, water service and water meter.
43. All new, or upgraded dry utility appurtenances including but not limited to electrical
transformers shall be located outside of the public right of way.
Non-Mapping Notes
44. 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:
PC RESO NO. 7237 -13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
i. Curb, gutter, sidewalk, pedestrian ramp and driveway approach.
ii. Alley improvements.
iii. Sewer lateral, water service and water meter
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
D. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
E. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
Utilities
45. 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.
46. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
47. 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.
48. 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.
49. The developer shall install a 6” diameter sewer lateral and clean-out at a location approved by
the city engineer. The locations of sewer lateral shall be reflected on public improvement plans
or as directed by the city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
PC RESO NO. 7237 -14-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
50. 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.
51. 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.
52. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
53. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
54. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
55. This tentative map shall expire two years from the date on which the Planning Commission voted
to approve this Tentative Map Amendment.
56. 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.
57. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
58. Any signs proposed for this development shall at a minimum be designed in conformance with
the Village Master Plan and Design Manual and shall require review and approval of the City
Planner prior to installation of such signs.
59. Some improvements shown on the tentative map and/or required by these conditions are located
offsite on property which neither the city nor the owner has sufficient title or interest to permit
the improvements to be made without acquisition of title or interest. The developer shall
immediately initiate negotiations to acquire such property. The developer shall use its best efforts
to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the city
engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code
Section 20.16.095 to notify and enable the city to successfully acquire said property by
condemnation.
60. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the tentative map and project site plan are
for planning purposes only.
. . .
. . .
. . .
. . .
PC RESO NO. 7237 -15-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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 final 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.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .