HomeMy WebLinkAbout2017-05-17; Planning Commission; Resolution 7242
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP,
PLANNED DEVELOPMENT PERMIT, COASTAL DEVELOPMENT PERMIT
AND HILLSIDE DEVELOPMENT PERMIT TO ALLOW FOR 1) THE
SUBDIVISION, GRADING AND DEVELOPMENT OF A 2.02-ACRE PARCEL
CURRENTLY DEVELOPED WITH AN EXISTING SINGLE-FAMILY HOME INTO
EIGHT (8) SINGLE-FAMILY RESIDENTIAL LOTS AND TWO (2) COMMON
LOTS FOR THE PRIVATE DRIVE AISLE AND DETENTION BASIN; AND 2) THE
CONSTRUCTION OF EIGHT (8) SINGLE-FAMILY HOMES, ON PROPERTY
LOCATED AT 3794 HIGHLAND DRIVE WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM, AND LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: HIGHLAND VIEW HOMES
CASE NO.: CT 16-04/PUD 16-03/CDP 16-21/HDP 16-01 (DEV 11-036)
WHEREAS, Brian Sullivan, “Applicant” and Carlsbad Coastal Views, LLC, “Owner,” has filed
a verified application with the City of Carlsbad regarding properties described as:
Portions of Lots 2 and 3 of Parcel Map No. 20948, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the San
Diego Recorder on January 30, 2012 as Doc. # 2012-0050442.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map,
Planned Development Permit, Coastal Development Permit, and Hillside Development Permit as shown
on Exhibits “A” – “II”, dated May 17, 2017, on file in the Planning Division, HIGHLAND VIEW HOMES – CT
16-04/PUD 16-03/CDP 16-21/HDP 16-01, as provided by Title 20 and Chapters 21.95 and 21.210 of Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 17, 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, Planned Development Permit, Coastal Development Permit, and Hillside
Development Permit.
PLANNING COMMISSION RESOLUTION NO. 7242
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES CT 16-04/PUD 16-03/CDP 16-21/HDP 16-01 – HIGHLAND VIEW HOMES
based on the following findings and subject to the following conditions:
Findings:
Tentative Tract Map, CT 16-04
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 tentative tract map for
eight (8) single-family lots and two (2) common lots for the private drive aisle and detention
basin implements the goals and policies of the General Plan as discussed in the staff report; the
project is consistent with all minimum requirements of Title 20; and the project has been
designed to comply with other applicable regulations, including the Planned Development
Ordinance, Growth Management Ordinance, and the R-4 General Plan Land Use designation.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties to the north, south and west are developed with residential land uses and are
currently designated as R-4 on the General Plan with comparable densities, specifically the
multi-family residential development to the north which has a density of 7.5 dwelling units per
acre. The property to the east is developed with a middle school and the properties to the south
and west are developed with single-family homes of comparable size. The proposal to construct
eight (8) single-family units is therefore compatible with the adjacent land uses.
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 all required development standards and design criteria required by the Planned
Development Ordinance are incorporated into the project without the need for variances from
development standards.
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 are oriented to allow for solar
exposure and take advantage of prevailing breezes. The single-family homes include operable
windows on all elevations to provide exposure to natural light and ventilation.
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7. That the Planning Commission has considered, in connection with the housing which will
ultimately be developed as a result of the proposed subdivision, that 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 proposed eight-unit single-family
residential project is conditioned to provide an accessory dwelling unit on-site to comply with
the Inclusionary Housing Ordinance.
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
that the project applicant is required to pay in-lieu mitigation fees for the removal of 1.54 acres
of disturbed habitat (1:1 ratio).
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.
Planned Development Permit, PUD 16-03
10. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that project site is designated R-4 which allows up to 4 dwelling units per acre. The proposed
project has a density of 4 dwelling units per acre. As discussed in the staff report, although the
project exceeds the Growth Management Control Point (GMCP) of 3.2 du/ac for the R-4 General
Plan Land Use designation by 1.7 dwelling units, Policies 2-P.8 and 2-P.16 of the Land Use and
Community Design Element allow the City to approve residential development at a density that
exceeds the GMCP for the applicable density range, as well as a slightly higher yield than would
be allowed at the maximum density, provided the proposed residential development complies
with the findings discussed below. The project is consistent with the minimum development
and design standards applicable to the property pursuant to Chapter 21.45 (Planned
Developments) of the Carlsbad Municipal Code. Further, the proposed project meets the intent
and purpose of City Council Policy Nos. 44 and 66 in that the units are designed to be visually
interesting, have sufficient building articulation, and contribute toward the creation of livable
neighborhoods.
11. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the project is proposing a detached single-family residential
product type that is consistent with the existing surrounding development, which includes a 20-
unit multi-family development to the north with a density of 7.5 dwelling units per acre, a
middle school to the east, and detached single-family residential homes to the south and west
that are comparable in size. In addition, the project-generated traffic (70 ADT) can be
accommodated on the surrounding streets.
12. The project will not adversely affect the public health, safety, or general welfare, in that the
project has been designed to comply with all applicable development standards to ensure
compatibility with the surrounding single-family and multi-family residential uses as well as the
adjacent institutional land use.
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13. 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 access to seven of the eight single-family units is proposed to be provided by a
24-foot-wide private drive aisle off of Highland Drive which will be enhanced with decorative
pavers. The project includes a mix of one and two story designs, as well as units which have
stepped building pads to follow the existing topography and minimize grading. Six (6) different
floor plans and two (2) different elevation styles are proposed with design detailing and
materials which complement the Craftsman and Farmhouse architectural styles. Several of the
units have been design to include side-loaded garages which further enhances the streetscape.
Street trees are proposed adjacent to the pedestrian sidewalks and landscaping is proposed on
the 2:1 slopes for stabilization. All elements (i.e. site layout, architecture, landscaping) create
continuity in the overall project design.
Coastal Development Permit, CDP 16-21
14. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project is located in the Mello II Segment of the Local Coastal
Program. The project site has a Local Coastal Program Land Use designation of R-4, Residential
0-4 dwelling units per acre and is zoned R-1, One-Family Residential with a minimum lot size of
10,000 square feet, consistent with the City’s General Plan Land Use designation and Zoning for
the site. The R-4 Land Use designation allows development of single-family residences at a
density of 0-4 dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2
dwelling units per acre. At the R-4 GMCP, 6.3 dwelling units would be permitted on this 1.96
acre (net developable) property. The project meets the findings for an allocation of 2 units from
the Excess Dwelling Unit Bank to develop eight (8) dwelling units.
Additionally, the project site is not identified as a “Map X – Designated Coastal Agricultural
Lands” and therefore, is not required to be preserved nor is it subject to an agricultural
conversion mitigation fee. The project is further consistent with the policies of the Coastal Act
in that, a) the site is geologically stable; b) the project has been designed to reduce the amount
of runoff off-site through the use of Low Impact Development (LID) design features and has
been conditioned to implement the National Pollution Discharge Elimination System (NPDES)
standards; c) the project does not preclude any recreational opportunities or shoreline access
as the property is not located adjacent to any waterways or bodies of water; and d) the
development does not obstruct views of the coastline as seen from public lands or public rights-
of-way.
15. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project does not preclude any recreational opportunities or shoreline
access as the property is not located adjacent to any waterways or bodies of water.
16. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Carlsbad BMP Design Manual, and
Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion. While small, fragmented pockets of 25% slopes exist on-site (0.12
acres), the site has been previously disturbed and is not considered to comprise a natural slope.
Further, the site does not contain any endangered animals or plant species nor is the site located
in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
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17. The project is not located between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance)
Hillside Development Permit, HDP 14-05
18. That hillside conditions and undevelopable areas of the site have been properly identified on the
constraints map, including the existing floodway, sensitive habitat, existing and proposed
topographical contours and slope gradients.
19. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that grading for the development of the project consists of
a total of 2,780 cubic yards of cut and 9,300 cubic yards of fill, resulting in a net import of 6,510
cubic yards. To accommodate the proposed cut and fill and create the flat or stepped building
pads, retaining walls up to six (6) feet in height (42-inch maximum in front yard) are proposed
around the perimeter of several of the lots. Stepped building pads are proposed for Lots 2, 5
and 6. Landscaping is proposed along the slopes, as well as the perimeter of the detention basin
at the southeast corner of the site. The grading design is consistent with the intent of the
Hillside Ordinance, CMC Chapter 21.95 since the proposal includes 2:1 (minimum) slopes which
will be contour graded, where practicable. In addition, the slopes do not exceed a height of 40
feet and the proposed quantity of grading, 4,603 cubic yards per acre, falls within the
“acceptable” range, 0-7,999 cubic yards per acre.
20. That the alteration of natural hillsides will be done in an environmentally sensitive manner
whereby lagoons and riparian ecosystems will be protected from increased erosion and no
substantial impacts to natural resource areas, wildlife habitats or native vegetation will occur in
that the project applicant is required to pay in-lieu mitigation fees for the removal of 1.54 acres
of disturbed habitat (1:1 ratio).
21. That the project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual, in that the manufactured slopes will have varying
gradients, will be contour-graded where feasible, and will be landscaped pursuant to the City’s
Landscape Manual and Habitat Management Plan. The combined effect will soften the
appearance of the graded slopes.
General
22. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, based on the facts set forth in the staff report dated May
17, 2017 including, but not limited to the following:
a. Land Use – The General Plan Land Use designation for the project site is R-4, Residential, 0-
4 dwelling units per acre with a GMCP of 3.2 du/acre. The project site has a net developable
acreage of 1.96 acres. The project’s proposed density, 4 dwelling units per acre, is at the
top of the density range and therefore, also above the RLM GMCP of 3.2 du/ac, which is
utilized for the purposes of calculating the City’s compliance with Government Code Section
65863.
At the GMCP, 6.3 dwelling units would be permitted on the 1.96-acre (net) property.
Although the proposal to construct 8 dwelling units exceeds the GMCP for the R-4 General
Plan Land Use designation by 1.7 dwelling units, Policies 2-P.8 and 2-P.16 of the Land Use
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and Community Design Element allow the City to approve residential development at a
density that exceeds the GMCP for the applicable density range, as well as a slightly higher
yield than would be allowed at the maximum density, provided the proposed residential
development meets the following findings: 1) the project qualifies for an allocation of
“excess” dwelling units pursuant to City Council Policy No. 43 (please see Finding Nos. 24-
27 below); 2) there have been sufficient developments in the northwest quadrant that have
developed at densities below the GMCP to support an allocation of 2 dwelling units from
the Excess Dwelling Unit Bank and pursuant to the city’s Quadrant Dwelling Unit Report
(February, 2017), 408 excess dwelling units remain available for allocation in the city
(outside of the Village) and the northwest quadrant has a remaining capacity to accept 144
dwelling units; 3) all necessary public facilities required by the City’s Growth Management
Program will be constructed, or are guaranteed to be constructed, concurrently with the
need for them created by this development and in compliance with the adopted City
standards in that the project is conditioned to pay the appropriate fees to comply with the
City’s Growth Management Program; 4) the project is consistent with the intended uses of
the R-4 General Plan Land Use designation and other applicable goals and policies of the
General Plan as discussed below; and 5) the proposed density of 4 du/ac does not exceed
the allowed density by more than 25% or 5 du/ac for the R-4 General Plan Land Use
designation.
b. Housing – The project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance in that the developer has been conditioned to enter into an
Affordable Housing Agreement to construct one (1) second dwelling unit on-site.
c. Mobility – The proposed project has been designed to meet all of the circulation and
mobility requirements, which includes a 24-foot-wide private drive aisle within a 35-foot-
wide general utility and access easement. The project includes sidewalks on both sides of
the drive aisle, as well as street trees adjacent to the new sidewalks. As there are no
sidewalks along Highland Drive (i.e., designated as an alternative design street), the
proposed project does not include a curb, gutter or sidewalk along the project’s Highland
Drive frontage. The circulation system has been designed in conformance with Land
Development Engineering Division and Fire Department design standards and complies
with all other applicable City design standards.
d. Noise – The proposed project is located in an area which is considered to be “normally
acceptable”; therefore, a noise analysis was not completed. With exception to the home
proposed on Lot 8, all of the homes will be shielded from traffic-generated noise along
Highland Drive.
e. Public Safety – The project is required to install fire hydrants and a turn-around area,
consistent with Fire Department regulations.
f. Sustainability – Based on the project type and size (net gain of seven single-family units),
the project is consistent with the City’s Climate Action Plan (CAP) in that the project is well
below the screening threshold of 900 MT CO2e that would typically be generated by 50
single-family dwelling units and is therefore not subject to the CAP measures.
23. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that primary access to the site will be provided by a 24-foot-
wide private drive aisle off of Highland Drive. The drive aisle will be improved with a curb,
gutter and sidewalks. The proposed project will generate a total of 70 (net) Average Daily Trips
(ADTs) for the new single-family homes. In addition, the proposed project would not result in
any significant capacity-related impacts to any road segments or intersections in the vicinity of
the project site.
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City Council Policy No. 43, Allocation for Excess Dwelling Units
24. That pursuant to CMC Chapter 21.85, a minimum of 15% of all proposed ownership units in any
residential project are required to be restricted to lower income households. The proposal to
construct eight (8) market rate units requires the construction of one (1) inclusionary housing
unit. The project satisfies this requirement with the proposal to construct one (1) accessory
dwelling unit on Lot 2. The City’s Housing Policy Team recommended approval of the request
on March 30, 2017. An Affordable Housing Agreement will be recorded prior to recordation of
the final map.
25. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that that the adjacent land uses include
a multi-family condominium development with a density of 7.5 dwelling units to the north, a
middle school to the east and single-family homes to the south and west which are comparable
in size to what is proposed (2,760 to 3,828 square feet).
26. That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document, in that the project’s proposed density,
4 dwelling units per acre, is at the top of the density range and therefore, also above the R-4
GMCP of 3.2 du/ac, which is utilized for the purposes of calculating the City’s compliance with
Government Code Section 65863. At the GMCP, 6.3 dwelling units would be permitted on this
1.96-acre (net developable) property. Although the project exceeds the GMCP for the R-4
General Plan Land Use designation by 1.7 dwelling units, Policies 2-P.8 and 2-P.16 of the Land
Use and Community Design Element allow the City to approve residential development at a
density that exceeds the GMCP for the applicable density range, as well as a slightly higher yield
than would be allowed at the maximum density. The proposal to construct eight (8) single-
family dwelling units on lots which range in size from 7,648 to 9,860 square feet in the R-1-
10,000 zone is consistent with the Planned Development Ordinance which allows homes to be
proposed on lots as small as 5,000 square feet as long as the project site is contiguous to a higher
intensity land use designation or zone, or an existing project of comparable or higher density.
The adjacent development to the north comprises 20 multi-family units at a density of 7.5
dwelling units per acre.
27. That there are an adequate number of units in the Excess Dwelling Unit Bank in the city to
withdraw 2 units. Per the city’s Quadrant Dwelling Unit Report (February, 2017), 408 excess
dwelling units remain available for allocation in the city (outside of the Village). In addition, the
northwest quadrant is able to accept 144 dwelling units before reaching the growth
management quadrant capacity.
28. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City’s General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
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California Environmental Quality Act:
29. 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
30. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected
prior to issuance of building permit.
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.
31. 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.
32. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
33. 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.
34. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
35. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading or building permit, or recordation of the Final Map, whichever occurs first.
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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, Planned
Development Permit, Coastal Development Permit, and Hillside Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Planned Development Permit, Coastal Development
Permit, and Hillside Development Permit 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, Planned Development Permit,
Coastal Development Permit, and Hillside Development Permit, (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 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,
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.
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.
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8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This tentative map shall expire two years from the date on which the Planning Commission voted
to approve this application.
10. 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.
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
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.
13. 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.
14. The first submittal of the 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.
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,
Planned Development Permit, Coastal Development Permit, and Hillside Development Permit
by Resolution No. 7242 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of approval
as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The
City Planner has the authority to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause by the Developer or successor in interest.
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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
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 _________.
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18. This project is being approved for residential homeownership purposes. If any of the units in the
project are rented, the minimum time increment for such rental shall be not less than 30 days.
The CC&Rs for the project shall include this requirement.
19. Prior to the approval of the final map for any phase of this project, the Developer shall enter into
an Affordable Housing Agreement with the City to provide one (1) onsite affordable second
dwelling unit on Lot 2, 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 specify the lot number and shall be binding on all
future owners and successors in interest.
20. 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.
21. 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.
22. This project has been found to result in impacts to wildlife habitat or other lands, specifically,
1.54 acres of disturbed habitat (Habitat Group E) which provide some benefits to wildlife, as
documented in the City’s Habitat Management Plan and the environmental analysis for this
project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with
Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund
mitigation for impacts to certain categories of vegetation and animal species. The Developer is
further aware that the City has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer’s successor(s) in interest
shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building
permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this
project will not be consistent with the Habitat Management Plan and the General Plan and any
and all approvals for this project shall become null and void.
23. Prior to issuance of building permits, a Minor Coastal Development Permit is required for each
of the accessory second dwelling units.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a parcel map, grading permit or
building permit, whichever comes first.
General
24. 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.
25. 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.
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26. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private streets, utilities, street
trees, sidewalks, landscaping, street lighting, enhanced paving, 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.
27. 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.
28. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
29. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
30. 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.
31. 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.
32. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private storm drain system and pervious
pavement 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.
33. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Highland Avenue along
the property frontage for a half street width of 30-feet. Public improvements shall include but
are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, street lights, pedestrian ramp, retaining walls and
reclaimed water.
34. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the subdivision frontage, should a future
district be formed.
Grading
35. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
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36. Supplemental grading plans may be required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as shown
on the tentative map all subject to city engineer approval.
37. This project may require off site grading. No grading for private improvements shall occur outside
the project unless developer obtains, records, and submits a recorded copy, to the city engineer,
a temporary grading, construction or slope easement or agreement from the owners of the
affected properties. If developer is unable to obtain the temporary grading or slope easement,
or agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
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. 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.
40. 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.
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, pollutant control
BMP and applicable hydromodification measures.
42. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing the
use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
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Dedications/Improvements
43. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private drainage purposes as shown on the tentative map. The offer shall be made
by a certificate on the final map. Developer shall pay processing fees per the city’s latest fee
schedule.
44. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
public street & public utility, sewer, and drainage 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.
45. The existing drainage easement shall be quitclaimed as shown on the tentative map. The
quitclaim shall be included on the final map to the satisfaction of the city engineer.
46. Developer shall design the private streets, as shown on the tentative map to the satisfaction of
the city engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall
pay the standard improvement plan check and inspection fees for private streets.
47. 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.
48. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
shown on the tentative map. Said improvements shall be installed to city standards to the
satisfaction of the city engineer. These improvements include, but are not limited to:
a. public potable water main and appurtenances;
b. public sewer main and appurtenances;
c. public fire hydrant;
d. frontage improvements along Highland Ave including but not limited to clearing and
grubbing and grading;
e. private drive aisle, sidewalk, curb, and gutter;
f. private storm drain and appurtenances;
g. private street light.
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.
49. Developer shall provide all-weather maintenance access roads to the public drainage and sewer
facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer.
Where maintenance access roads are not practical and/or permitted, developer shall incorporate
low-maintenance design features to the satisfaction of the city engineer.
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Non-Mapping Notes
50. 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:
i. public potable water main and appurtenances;
ii. public sewer main and appurtenances;
iii. public fire hydrant;
iv. private drive aisle, sidewalk, curb, and gutter;
v. private storm drain and appurtenances;
vi. private street light.
b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
c. Geotechnical Caution: The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground water seepage or
land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
d. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
e. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise
through any diversion of waters, the alteration of the normal flow of surface waters or
drainage, or the concentration of surface waters or drainage from the drainage system or
other improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in
the city approved development plans.
f. 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
51. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
52. 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.
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53. 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.
54. 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.
55. 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.
Code Reminders:
56. 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.
57. 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.
58. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
59. 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.
60. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
61. 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.
62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
63. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the tentative map are for planning purposes
only.
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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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of
the City of Carlsbad, California, held on May 17, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Anderson, Goyarts, Montgomery,
Rodman and Siekmann
Commissioner Black
11 JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
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ATIEST:
DON NEU
City Planner
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