HomeMy WebLinkAbout2018-01-17; Planning Commission; Resolution 7285
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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 FOUR (4) RESIDENTIAL CONDOMINIUMS WITH FOUR (4)
PROFESSIONAL OFFICE CONDOMINIUMS. THE RESULTING TOTAL
NUMBER OF PROFESSIONAL OFFICE CONDOMINIUMS WOULD BE
INCREASED FROM ONE (1) TO FIVE (5) WHILE THE TOTAL NUMBER OF
RESIDENTIAL CONDOMINIUMS PROPOSED WOULD DECREASE FROM
SEVEN (7) TO THREE (3). THE 0.22-ACRE PROJECT SITE IS LOCATED AT
2677 STATE STREET IN LAND USE DISTRICT 4 OF THE VILLAGE REVIEW (VR)
ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. THE PROJECT
QUALIFIES AS A CEQA GUIDELINES SECTION 15332 (IN-FILL
DEVELOPMENT PROJECTS) CLASS 32 CATEGORICAL EXEMPTION.
CASE NAME: TOWN HOUSE
CASE NO.: AMEND 2017-0016/AMEND 2017-0015 (DEV2016-0031)
WHEREAS, Mark Benjamin, “Developer/Owner,” has filed a verified application with the
City of Carlsbad regarding property described as
PARCEL 1:
All of Lot 6 of SEASIDE LANDS, according to Map thereof No. 1722, filed
in the Office of the County Recorder of San Diego County, July 28, 1921.
EXCEPT the Southerly 51 feet, the Northerly line of said Southerly 51
feet being parallel with the dividing line between Lots 5 and 6 in said
Seaside Lands.
Parcel 2:
The Southeasterly half of Lot 7 in Seaside Lands, according to Map
thereof No. 1722, filed in the Office of the County Recorder of San Diego
County, July 28, 1921
(“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 Exhibit(s) “A” – “J” dated January 17,
2018, on file in the Planning Division AMEND 2017-0016/AMEND 2017-0015 – TOWN HOUSE, as provided
by Chapter 20.12 and 21.35 of the Carlsbad Municipal Code; and
WHEREAS, on July 11, 2017, the City Council approved CT 2016-0002/RP 2016-0001 –
TOWN HOUSE, as described and conditioned in Planning Commission Resolution No. 7244; and
PLANNING COMMISSION RESOLUTION NO. 7285
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WHEREAS, the Planning Commission did, on January 17, 2018, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
of AMEND 2017-0016/AMEND 2017-0015 – TOWN HOUSE, based on the following
findings and subject to the following conditions:
Findings:
Tentative Tract Map Amendment, Amend 2017-0016 (CT 2016-0002)
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 four of the residential condominiums with additional
professional office 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 dated January 17, 2018 and findings
below.
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 District 4 – Residential Support Area, of the Village Master Plan.
The subject property is bordered to the north by multi-family residential buildings; to the south
by a recently constructed five-unit air space residential condominium project (Rail Yard Lofts);
to the east by commercial/retail uses; and to the west by the North County Transit District
parking lot. Pursuant to Land Use District 4 of the Village Master Plan, the intent is to provide
for a gradual transition in this district to a mix of higher quality commercial and residential uses
which will provide positive support for the District 1 Village Center and reinforce the Village
area north of Beech Street as a quality residential neighborhood. The mixed-use project of
professional office and multi-family residential including one Live Work/Studio unit is
compatible with existing land uses and surrounding future 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 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 0.22 acres, the
proposed three residential condominium units have a density of 27.3 dwelling units per acre.
As the proposed project falls within the allowable density range as allowed by Section 21.53.230
of the Carlsbad Municipal Code and meets all required development standards, the project is
consistent with this finding.
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4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures are oriented for solar
exposure and to take advantage of prevailing breezes to the extent that is feasible given the
site’s location. In addition, an uncovered interior courtyard is provided on levels two and three
that will allow natural light into the areas of the units that face toward the interior of the
building.
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 proposed
project consisting of three residential units is conditioned to pay an inclusionary housing fee for
each unit.
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 site has been previously developed and 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 125
(net gain) average daily trips (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 Amend 2017-0015 (RP 2016-0001)
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 January 17, 2018, including, but not limited to the following:
A. Land Use – The proposed project is consistent with the goals and policies for the Village,
as outlined within the General Plan, because it provides a mix of multi-family residential
and office uses in an appropriate location (Land Use District 4 – Residential Support
Area) within the Village. This in turn serves to enhance and maintain the area with a
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mix of higher quality office and residential uses which will support the Village center.
It also increases the number of and improves the condition and appearance of housing
units within the Village. By providing more residential and office opportunities, the
project helps to create a lively, interesting social environment by encouraging and
increasing the opportunity for 24-hour life in the Village, which provides the necessary
customer base to attract complementary uses. The project reinforces the pedestrian-
orientation desired for the downtown area by providing the new residents an
opportunity to walk to shopping, recreation, and mass transit functions. The project’s
proximity to mass transit will help to further the goal of providing new economic
development near transportation corridors. Furthermore, the project will provide a
strong street presence with extensive architectural relief and visually subordinate
parking. Overall, the new professional office and residential units will enhance the
Village as a place for living and working.
B. Mobility – The applicant will be required to pay traffic impact fees prior to issuance of
building permit that will go towards future circulation improvements. The proposed
project is located approximately one block from the Carlsbad Village Drive train station
which provides rail and bus service throughout the day. The project’s proximity to the
transit station would provide residents with the opportunity to commute to major job
centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint.
Furthermore, the project supports walkability and mobility by locating the project near
existing goods and services within the Village.
C. Noise – The proposed project is consistent with the Noise Element of the General Plan
in that the project has been conditioned to comply with the construction requirements
of the noise analysis report prepared by Ldn Consulting, Inc., dated September 12, 2017
to ensure that the proposed building design adequately attenuates the noise levels for
the new condominiums.
D. Housing – As less than seven (7) units are proposed, the inclusionary requirements may
be satisfied through the payment to the city of an in-lieu fee. The project has been
accordingly-conditioned to require the payment of the applicable housing in-lieu fee for
three units prior to the issuance of a building permit.
E. Public Safety – The proposed structural improvements would be required to meet all
seismic design standards. In addition, the proposed project is consistent with all of the
applicable fire safety requirements. The project would be required to develop and
implement a program of “best management practices” for the elimination and
reduction of pollutants which enter into and/or are transported within storm drainage
facilities. The project has been conditioned to pay all applicable public facilities fees for
Zone 1 and meet with the fire marshal to determine if public fire hydrants are required.
F. Land Use District 4 Standards – The project, as designed, is consistent with the
development standards for Land Use District 1, the Village Design Guidelines, and all
other applicable regulations set forth in the Village Master Plan and Design Manual as
discussed in the project staff report dated January 17, 2018. The project is not
requesting any deviations to the development standards. All required residential
parking is located on-site and the applicant is requesting to participate in the Parking
In-Lieu fee program for two (2) of the required office parking spaces.
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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, increasing the number, quality, and diversity
of housing units within the Village, and reinforces the pedestrian environment within
the Village, and 3) Improves the physical appearance of the Village Area by redeveloping
an underutilized site on State Street with a new attractive building that adheres to the
land use regulations and design guidelines set forth for the area;
B. The proposed use is consistent with the goals and objectives set forth for Land Use
District 4 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
office uses on State Street, but reinforces the pedestrian-orientation desired for the
downtown area by providing new residents and employees an opportunity to walk to
local shopping, dining, recreation, and mass transit functions. Furthermore, its close
proximity to mass transit help to further the goal of providing new economic and
residential development near transportation corridors. The development will
contribute to the revitalization of the Village area in the form of a new building in a
residential support area of the Village, new office lease space, new employment
opportunities and new patrons;
C. Adequate parking is available within the Village to accommodate the project's parking
demands in that a parking study (Kimley-Horn, September 14, 2017) was recently
completed for the Village and Barrio areas. Parking occupancies were observed in the
morning (9 A.M.), afternoon (1:00 P.M.), and evening (7:00 P.M.). The highest
occupancy for all public parking lots combined in the Village was 70 percent at 1:00 P.M.
on a weekday in May and 67 percent on a weekend in July. The overall average
occupancy per the study was 51 percent. This utilization ratio allows for continued
implementation of the parking in-lieu fee program because it is less than the 85 percent
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.
Live/Work Units, Provisional Use Findings
13. The Live/Work Studio Use is compatible with adjacent development in that a mix of land uses are
located in close proximity to the proposed project, including residential, office, and retail uses.
As the “work” area will predominantly be used as a home office or artisan use such as the
creation or assembly of art, crafts, graphic design, photography or similar handcrafted products
for display and/or sale, no land use compatibility issues are anticipated.
14. Adequate parking is available for tenants and anticipated visitors in that the “work” area of the
proposed unit is anticipated to be used as a home office or artisan use; therefore, very little
public traffic is anticipated. The project is adequately parked pursuant to the residential and
professional office parking requirements. On-street parking is available on State Street and
immediately west of the project site on the State Street alley.
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15. Dwelling units will enjoy a residential environment of comparable quality to other standard units
in the Village in that the “work” area is located at the front of the Live/Work Studio on the
ground-floor facing and oriented toward the street/sidewalk with the main living area
positioned behind the “work” area and divided by a sliding screen and is, therefore, sufficiently
separated from the primary residential living area. In addition, as the “work” area is intended
to be utilized as a home office or artisan use, issues related to noise or other environmental
factors are not anticipated.
City Council Policy No. 43, Allocation for Excess Dwelling Units
16. 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 and commercial land uses and anticipated uses in that Land Use
District 4 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 support for the core of the
Village.
17. 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 Village Master Plan and
Design Manual designates District 4 with a residential density range of 28 to 35 dwelling units
per acre. The Village Master Plan implements the Village (V) General Plan Land Use designation.
A density range of 28 to 35 dwelling units per acre is allowed in District 4. Based on a net
acreage of 0.22 acres, the resulting minimum unit yield is 3.1 dwelling units and maximum yield
is 7.7 units, or 7 units rounded. The proposal for three residential units falls within the
allowable range (three to seven units) for the dwelling unit yield. The proposed project is
consistent with the intent of Land Use District 4 of the Village Master Plan and will contribute
towards the overall revitalization of the Village Area.
18. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Northwest
Quadrant to allocate six units. Per the city’s Quadrant Dwelling Unit Report (latest available
dated September 30, 2017), 584 units remain available for allocation in the Village.
California Environmental Quality Act:
19. That 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 the preparation of environmental
documents pursuant to Section 15332, In-fill Development Projects, of the state California
Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines.
General
20. 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,
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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.
21. That there have been sufficient developments approved in the quadrant at densities below the
control point to offset the units in the project above the control point so that approval will not
result in exceeding the quadrant limit.
22. 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 issuance of a grading
or building permit, or recordation of the Final Map, 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.
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
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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 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.
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 approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. 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.
11. 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.
12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map Amendment and Major Review Permit Amendment by Resolution No. 7285 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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13. 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.
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E. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____________.
F. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit __________.
14. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
15. Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee
Participation Agreement and pay the established Parking In-Lieu Fee for 2 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.
16. 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 (Ldn Consulting Inc., dated September 12, 2017).
17. Prior to issuance of building permits, the Developer shall pay to the city an inclusionary housing
in lieu fee as an individual fee on a per market rate dwelling unit basis (total of three (3) units)
in the amount in effect at the time, as established by City Council Resolution from time to time.
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 demolition permit, grading permit
or building permit, whichever comes first.
General
18. 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.
19. 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.
20. 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 utilities, street trees,
landscaping, 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.
21. 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.
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Fees/Agreements
22. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
23. 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.
24. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private storm drain connections located over
existing public right-of-way or easements as shown on the tentative map. Developer shall pay
processing fees per the city’s latest fee schedule.
Grading
25. 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.
26. Prior to issuance of the grading permit, 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.
Storm Water
27. 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.
28. Developer shall complete and submit to the City Engineer a Determination of Project’s SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) 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.
29. 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
30. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
public street & public utility 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.
31. 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.
32. 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.
33. Developer shall design all proposed public improvements including but not limited to sewer
laterals, street trees, sidewalk, water services/meters as shown on the tentative map. These
improvements shall be shown on one of the following, subject to City Engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
Non-Mapping Notes
34. Add the following notes to the final map as non-mapping data:
A. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
B. Geotechnical Caution:
i. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
D. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise
through any diversion of waters, the alteration of the normal flow of surface waters or
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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
35. 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.
36. 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.
37. 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.
38. Prior to using one potable water meter to serve a multi-ownership building, developer shall apply
for and receive approval from the utilities director. Upon application for and good cause shown,
the utilities director may allow a single potable water service connection and meter to a multi-
ownership building within this subdivision provided:
A. Developer shall record a deed restriction or other such document as approved by the
public works director and general counsel placing future owners on notice that each and
every residential or commercial/office unit is served by a single service connection and
meter, and in the event that the water bill is not paid by the party or entity responsible
for paying the monthly water service charges to CMWD for the respective building
occupied by the multi-ownership, CMWD may at its direction shut off the water service
to such multi-ownership building in accordance with CMWD adopted rules and
regulations.
B. Developer shall install a private sub-meter for each separately established residence or
business within a multi-ownership building having a single potable water service
connection and meter.
If denied, developer shall revise all design drawings to provide separate potable water meters for
each separately owned unit within this subdivision per district requirements.
Code Reminder
39. 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.
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40. 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.
41. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
43. 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.
44. 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.
45. Any signs proposed for this development shall at a minimum be designed in conformance with
the city’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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 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 January 17, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Montgomery, Commissioners Anderson, Black, Goyarts,
Rodman, Segall and Siekmann
MARTELL MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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