HomeMy WebLinkAbout2018-08-15; Planning Commission; Resolution 7307PLANNING COMMISSION RESOLUTION NO. 7307
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP CT 2018-
0001, PLANNED DEVELOPMENT PERMIT PUD 2018-0001 AND COASTAL
DEVELOPMENT PERMIT CDP 2018-0003 TO ALLOW THE DEMOLITION OF
TWO EXISTING RESIDENTIAL UNITS AND THE DEVELOPMENT OF AN 11-
UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.57-ACRE
SITE LOCATED AT 362 WALNUT AVENUE, WITHIN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
WALNUT BEACH HOMES
CT 2018-0001/PUD 2018-0001/CDP 2018-0003
(DEV2017-0221)
WHEREAS, 362 Walnut, LLC, "Developer/Owner," has filed a verified application with the City of
Carlsbad regarding property described as
Parcel 2 of Parcel Map 425, in the City of Carlsbad, County of San Diego,
State of California, filed in the office of the County Recorder of San
Diego County, January 14, 1971
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Planned
Development Permit and Coastal Development Permit as shown on Exhibit(s) "A" -"DD" dated August
15, 2018, on file in the Planning Division CT 2018-0001/PUD 2018-0001/CDP 2018-0003 -WALNUT
BEACH HOMES, as provided by Chapters 21.45, 21.201 and 20.24 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 15, 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.
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
CT 2018-0001/PUD 2018-0001/CDP 2018-0003 -WALNUT BEACH HOMES, based on the following
findings and subject to the following conditions:
Findings:
Tentative Tract Map
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the 11-unit residential air-space
condominium project created through the tentative tract map satisfies all the minimum
requirements of Title 20 and has been designed to comply with other applicable regulations
including the Multiple-Family Residential (R-3} Zone, the Planned Development Ordinance,
Growth Management Ordinance, and the R-23 General Plan Land Use designation.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed and are currently designated as R-23 Residential in the General Plan.
The subject property is bordered on all sides by existing multi-family residential development.
Given the existing, surrounding development, the air-space residential condominium project is
compatible with existing and 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 all required development standards and design criteria required by the Multiple-Family
Residential (R-3} Zone and the Planned Development Ordinance are incorporated into the 11-
unit residential air-space condominium project without the need for any 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 11-unit residential
air-space condominium project has been designed and conditioned so that there are no conflicts
with established easements and no additional right-of-way is required.
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 have been designed to
include operable windows on all elevations and balconies to maximize exposure of each unit to
natural light and ventilation from nearby coastal breezes, if desired.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources in that the applicant
proposes to purchase two housing credits within the Tavarua Affordable Housing Project to
satisfy their inclusionary housing obligations prior to the issuance of a building permit. As such,
the project has been conditioned to require the approval of an Affordable Housing Agreement
prior to approval of the final map.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the 11-unit residential air-space condominium project site has been previously graded and ·
developed with two residential units and is surrounded by existing development.
PC RESO NO. 7307 -2-
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
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 the density of 19.3 dwelling units per acre (du/ac) for the 11-unit residential air-space
condominium project is consistent with the R-23 Residential Land Use designation (15-23
du/acre). As discussed in the project staff report, the project is consistent with all minimum
development and design standards applicable to the property as contained in Chapters 21.16
(Multiple-Family Residential (R-3)) Zone and 21.45 (Planned Developments) of the Carlsbad
Municipal Code.
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 11-unit residential air-space condominium project does not
propose or require any variances from standards, is compatible with existing surrounding uses
as permitted by the Multiple-Family Residential (R-3) Zone, and does not create any traffic
circulation impacts as Walnut Avenue is adequately designed to accommodate the 88 Average
Daily Trips (ADT) being generated.
12. The project will not adversely affect the public health, safety, or general welfare, in that the 11-
unit residential air-space condominium project has been designed to comply with all applicable
development standards to ensure compatibility with surrounding residential uses.
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 the 11-unit residential air-space condominium project is arranged with units
along a private drive aisle that is enhanced by decorative colored concrete. The five, three-story
buildings with attached two-car garages are architecturally harmonious with each other and
include a variety of exterior materials and colors. Primary building materials include light gray
and medium gray smooth stucco, horizontal metal panel siding, and white painted wood fascia
boards. Composite asphalt shingles cover a 3:12-pitched roof on each building. All elements (i.e.
site layout, architecture, landscaping) create continuity in the overall project design.
Coastal Development Permit
14. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23
Residential (15-23 du/ac) for multi-family residential development by the Mello II LCP. The
project consists of the demolition of two existing residential units and the construction of 11
air-space condominiums at a density of 19.3 du/acres on a 0.57-acre previously-developed site.
The proposed project is compatible with the surrounding development of multi-family
residential structures. The five, three-story structures will not obstruct views of the coastline as
seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of
the Coastal Zone. No agricultural uses currently exist on the previously graded site, nor are there
any sensitive resources located on-site. The proposed project is not located in an area of known
PC RESO NO. 7307 -3-
geologic instability or flood hazard. Since the site does not have frontage along the coastline,
no public opportunities for coastal shoreline access are available from the subject site.
Furthermore, the residentially-designated site is not suited for water-oriented recreation
activities.
15. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the 11-unit
residential air-space condominium project will not interfere with the public's right to physical
access to the ocean. Furthermore, the residentially-designated site is not suited for water-
oriented recreation activities.
16. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the 11-unit residential air-space condominium
project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water
Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to
avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation
is located on the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
17. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
18. The project is not 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).
General
19. 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 August
15, 2018, including, but not limited to the following:
A. Land Use -The 11-unit residential air-space condominium project is consistent with the
elements and objectives of the General Plan as discussed in Section "A" of the project staff
report. The 11-unit residential project density at 19.3 dwelling units per acre is within the
R-23 Residential density range of 15-23 du/ac. At the GMCP, 11 dwelling units would be
permitted on this 0.57-net-developable-acre property. Therefore, the residential
development complies with the R-23 General Plan Land Use designation for density.
B. Mobility -The proposed project has been designed to meet applicable circulation
requirements, which include a single driveway access point from Walnut Avenue. In
addition, the applicant will be required to pay traffic impact fees prior to issuance of a
building permit that will go towards future road improvements.
C. Public Safety -The proposed structural improvements are required to be designed in
conformance with all seismic design standards. In addition, the proposed project is
consistent with all the applicable fire safety requirements.
PC RESO NO. 7307 -4-
D. Noise -The project consists of 11 residential condominiums located in five buildings. A
noise study by Birdseye Planning Group, dated December 2017 was provided. The exterior
required private recreation areas are at or below the maximum 60 dB(a) CNEL noise level
and therefore comply. The windows of each unit will need to be closed to meet a 45 dB(a)
CNEL interior noise level. Therefore, mechanical ventilation is required. In addition, the
project is conditioned to comply with the construction requirements of the aforementioned
noise study.
E. Housing -The city's Housing Policy Team reviewed the proposed 11-unit project and
recommended the applicant purchase two inclusionary housing credits in the Tavarua
Affordable Housing Project to fulfill the project's affordable housing requirement. The
project has been conditioned to require the approval of an Affordable Housing Agreement
prior to approval of the final map.
20. 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.
D. 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 the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
22. 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 Project, of the state California
Environmental Quality Act {CEQA) Guidelines, of the state CEQA Guidelines.
23. 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.
PC RESO NO. 7307 -5-
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 and Coastal 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 and Coastal
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) the city's approval and issuance of this Tentative Tract Map, Planned Development
Permit and Coastal Development Permit, (b) the 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.
PC RESO NO. 7307 -6-
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 CFO
#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 approval 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 and Coastal Development Permit by Resolution No. 7307 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.
13. Prior to the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be subject to
noise impacts from the proposed or existing Transportation Corridor, in a form meeting the
approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning
Division).
14. 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.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
16. 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:
PC RESO NO. 7307 -7-
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, the 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 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 of the amount of the invoice. Thereafter the city may pursue collection from
the Association by means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available to the city,
the city may levy a special assessment against the Owners of each Lot in the Project for an
equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
E. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____ _
F. 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 ___ _
17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
copy of the Condominium Plan filed with the Department of Real Estate which is in conformance
with the city-approved documents and exhibits.
PC RESO NO. 7307 -8-
18. 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.
19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No . 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, 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, or inside each unit, 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. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
23. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
24. Developer shall construct, install, and stripe not less than three (3) visitor parking spaces, as
shown on the project site plan.
25. Prior to issuance of building permits, verification shall be submitted confirming that the
buildings have been designed to comply with the recommendations of the noise study prepared
for the project (Birdseye Planning Group, dated December 2017).
26. Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the City to purchase two (2) inclusionary housing
credits within the Tavarua Affordable Housing Project if available at time of building permit
issuance or an alternative solution as authorized by the city. The draft Affordable Housing
Agreement shall be submitted to the City Planner no later than 60 days prior to the request to
final the map. The recorded Affordable Housing Agreement shall be binding on all future owners
and successors in interest.
PC RESO NO. 7307 -9-
Engineering:
General
27. 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.
28. 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.
29. 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 driveway, utilities,
landscaping, lighting, enhanced paving, and water quality treatment measures and to distribute
the costs of such maintenance in an equitable manner among the owners of the properties within
this subdivision. The CC&R's shall include a requirement to provide an annual verification of the
effective operation and maintenance of each structural treatment control BMP in accordance
with the BMP maintenance agreement and the SWQMP. The annual verification shall be
submitted to the enforcement official in a format as approved by the city prior to the start of the
rainy season.
30. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
31. Developer shall prepare, submit and process for City Engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
Fees/ Agreements
32. 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.
33. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
34. 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.
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.
PC RESO NO. 7307 -10-
36. Prior to the 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 Quality
37. 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.
38. 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.
39 . The 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.
40. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
41. 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.
42. Developer shall design all proposed public improvements including but not limited to sewer
laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains,
etc., as shown on the Tentative Map/Site Plan. These improvements shall be shown on one of
the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
PC RESO NO. 7307 -11-
prior to performing work in the city right-of-way. Developer shall prepare a separate
construction bond estimate for the public improvements shown on the grading plans and a
separate subdivision improvement agreement shall be processed for these improvements.
43. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
44. Developer shall ensure utility transformers or raised water backflow preventers that serve this
development are located outside the right-of-way as shown on the Tentative Map and to the
satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
45. 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: sidewalk,
driveway, curb and gutter, water service and meters, recycled water service and meter and
fire service.
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.
PC RESO NO. 7307 -12-
Utilities
46. Developer shall meet with the Fire Marshal to determine the fire protection measures (fire flows,
fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the District Engineer.
47. 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 the grading
plans.
48. 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 the grading plans.
49. The potable water service for this project shall be master-metered which shall be located within
a water easement subject to approval by the district engineer. Developer shall install private
sub-meters as necessary for all proposed units in the building. Final meter design, backflow
preventer, size, and manufacturer shall be provided to the satisfaction of the district engineer
and shown on the grading plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
50. 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.
51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
52. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
53 . Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the City Engineer ..
54. 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.
55. 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.
PC RESO NO. 7307 -13-
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City I
of Carlsbad, California, held on August 15, 2018, by the following vote, to wit:
AYES: Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes and Segall
NOES:
ABSENT:
MARTELL MONTGOMERY, Ch
CARLSBAD PLANNING COMMI SION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7307 -14-
August 16, 2018
362 Walnut, LLC
3005 S. El Camino Real
San Clemente, CA 92672
PLANNING COMMISSION
NOTICE OF DECISION
{'cityof
Carlsbad
SUBJECT: CT 2018-0001/PUD 2018-0001/CDP 2018-0003 (DEV2017-0221)-WALNUT BEACH HOMES
At the August 15, 2018, Planning Commission meeting, your application was considered. The Commission
voted 6-0 to APPROVE, as amended by errata sheet, your request. The decision of the Planning
Commission is fi~al on the date of adoption unless a written appeal to the City Council is filed with the
City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code
section 21.54.150. The written appeal must specify the reason or reasons for the appeal.
If you have any questions regarding the final dispositions of your application, please contact your project
planner Chris Garcia at 760-602-4622 or chris.garcia@carlsbadca.gov.
Sincerely,
DON NEU, AICP
City Planner
DN:CG :jb
Enclosure: Planning Commission Resolution No. 7307
c: Kirk Moeller kirk.@maaarchitects.com
Data Entry
File Copy
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov