HomeMy WebLinkAbout2019-06-19; Planning Commission; Resolution 7339PLANNING COMMISSION RESOLUTION NO. 7339
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP, PLANNED DEVELOPMENT PERMIT, COASTAL DEVELOPMENT
PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND HABITAT MANAGEMENT
PLAN PERMIT TO ALLOW FOR THE SUBDIVISION AND DEVELOPMENT OF
18 LOTS (13 SINGLE-FAMILY RESIDENTIAL, ONE PRIVATE STREET, AND
FOUR OPEN SPACE), ALL OF WHICH IS CONTAINED WITHIN A 21.9-ACRE
PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF
THE TERMINUS OF TWAIN AVENUE WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT
ZONE 8.
CASE NAME: OCEAN VIEW POINT
CASE NO.: CT 15-07 /PUD 15-15/ CDP 15-53/HDP 15-03/
HMP 15-05 (DEV15043)
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Deve_loper/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map,
Planned Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat
Management Plan Permit as shown on Exhibit(s) "A" -"M" dated June 19, 2019, on file in the Planning
Division CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT, as provided by
Chapters 20.12, 21.45, 21.95, 21.201 and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 19, 2019, 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, Planned Development Permit, Coastal Development Permit, Hillside Development
Permit, and Habitat Management Plan Permit.
•
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
RECOMMENDS APPROVAL of CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05-
OCEAN VIEW POINT, based on the following findings and subject to the following
conditions:
Findings:
Tentative Tract Map, CT 15-07
l. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the project implements the goals and
policies of the General Plan as discussed above; is consistent with all minimum requirements of
Titles 20 and 21 governing lot size and configuration; and has been designed to comply with all
applicable city regulations.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential development on the General Plan and are developed
with single-family homes of a comparable density of 0-4 dwelling units per acre and lot sizes
from 8,000 to 20,000 square feet.
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 minimum development standards and design criteria required by the
applicable zoning ordinances are incorporated into the project design without the need for
variances from development standards.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the 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 and that the proposed
housing can be adequately served by the existing public services and no new facilities are
required.
7. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
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that staff has conducted an environmental impact assessment to determine if the project could
have any potentially significant impacts on the environment. The environmental impact
assessment identified potentially significant impacts to both Biological Resources and Cultural
Resources. Mitigation measures have been incorporated into the design of the project and the
Mitigation Monitoring and Reporting Program (MMRP) such that all potentially significant
impacts will be mitigated to below a level of significance.
8. 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 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.
Planned Development Permit, PUD 15-15
9. 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 Munieipal Code, in
that the project density of 2.7 dwelling units per net acre for the 5.4-acre project area is
consistent with the R-4 Residential General Plan Land Use designation (0-4 du/ac). Additionally,
the project is consistent with all the minimum development and design standards applicable to
the property as contained in Chapters 21.10 (One-Family Residential (R-1) Zone) and 21.45
(Planned Developments) of the Carlsbad Municipal Code.
10. 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 13-unit single-family residential project is compatible with
existing adjacent single-family development as permitted by the One-Family Residential (R-1)
Zone and is proposed to be constructed at a density (2.7 du/ac) which falls within the range of
the applicable R-4 Residential General Plan Land Use designation; and does not create any
traffic circulation impacts as Twain Avenue is adequately designed to accommodate the 130
Average Daily Trips (ADT) being generated.
11. The project will not adversely affect the public health, safety, or general welfare, in that the 13-
lot single-family residential subdivision has been designed to comply with all applicable
development standards to ensure compatibility with surrounding single-family residential uses.
12. The project's design, including streets and site layout a) contributes to the community's overall
aesthetic quality, b) includes the appropriate use of landscaping, and c) achieves continuity among
all elements of the project, in that the proposed project is designed as a hillside large-lot single-
family residential project that will complement the surrounding streets and development.
Coastal Development Permit, CDP 15-53
13. That the proposed development is in conformance with the Certified Local Coastal Program
(Mello II Segment) and all applicable policies, in that the project preserves 75 percent of the site
as designated open space, provides measures adequate to mitigate impacts to onsite habitat,
and includes erosion control measures that protect down slope coastal resources.
14. 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 a beach or water based recreational
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facilities but does however include a public trail link to the adjacent Veterans Memorial Park
land.
15. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance} in that the project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion. Limited development, less than 10 percent, is proposed on natural steep
slopes (~25 percent gradient). Habitat impacted by the project is being mitigated according to
the mitigation standards of the Habitat Management Plan. In addition, the site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
Hillside Development Permit, HDP 15-02
16. That hillside conditions have been properly identified on the constraints map which show existing
and proposed conditions and slope percentages.
17. That undevelopable areas of the project, i.e., slopes over 40 percent, have been properly
identified on the constraints map.
18. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that the project is consistent with the land use and open
space/conservation elements of the General Plan with 75 percent of the on-site habitat being
restored and placed under a conservation easement and impacts to coastal sage scrub habitat
being mitigated at a ratio of 2:1. A~ditionally, the project is designed to relate to the natural
slope of the land stepping down gradually from the crest of the site at the terminus of Twain
Avenue; the alteration of the natural hillsides will be developed in an environmentally sensitive
manner to preserve steep slopes and wildlife habitat to the maximum extent practicable; and
both mechanical and biological methods will be implemented to control potential erosion,
including engineering the manufactured slopes to maximize slope stability; choosing
appropriate plant materials for the manufact~red slopes to reduce the level of erosion of the
slopes; implementing post-construction best management practices (BMPs) that will ensure
run-off is appropriately treated to minimize the potential for erosion; and implementing
construction-level BMPs to prevent any silt from entering any of the HMP open space
conservation areas.
19. That the proposed development or grading will not occur in the undevelopable portions of the
site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the site
does not contain any beaches, permanent bodies of water, floodways, significant wetlands,
significant riparian or woodland habitats, major power transmission easements, or railroad
track beds. For those natural slopes with an inclination of greater than 40 percent located
within the grading impact footprint, none of these slope areas include all of the following
characteristics that would otherwise make them undevelopable: a) an elevation differential of
greater than 15 feet; b) a minimum area of 10,000 square feet; and c) a slope that comprises a
prominent landform feature.
20. The project design substantially conforms to the intent of the concepts illustrated in the Hillside
Development Guidelines Manual, in that project grading is balanced onsite so there is no import
or export of excess dirt; the grading design minimizes the volume of grading (4,333 cubic yards
per acre) to an "acceptable" level (0 to 7,999 cubic yards per acre); none of the manufactured
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slopes exceed a height of 40 feet; manufactured slopes that are over 20 feet in height and 200
feet in length are contour graded to follow the general outline of the slopes below; all
manufactured slopes are being landscaped in accordance with the City's Landscape Manual;
and the fencing proposed along the top of the slope edge consists of an open type design (i.e.,
combination masonry wall (one to two feet tall) with clear glass on top) so as not to visually
extend the height of the slope.
21. That the project design and lot configuration minimize disturbance of hillside lands, in that the
significant slope and sensitive habitat areas are being preserved in open space to the maximum
extent practicable.
Habitat Management Plan Permit, HMP 15-05
22. That the Ocean View Point project parcel (APN 212-010-03 aka Kirgis) is shown in Figure 28 of
the approved HMP as a "Standards Area," and is not a Hardline Area.
23. That authorization to impact sensitive habitats through the removal of 4.13 acres of coastal sage
scrub (Habitat Group C) and 0.51 acres of disturbed land (Habitat Group F) was processed
through the Wildlife Agencies by a Finding of Consistency, and is subject to continuous
compliance with all provisions of the Habitat Management Plan for Natural Communities in the
City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing
Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion.
24. That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures as stated in the Mitigated Negative Declaration, Mitigation Monitoring and
Report Program, and Addendum for Ocean View Point and is subject to all conditions contained
in Planning Commission Resolutions No. 7337 for those other approvals, including but not limited
to recordation of conservation easements over all conserved areas and management and
monitoring in perpetuity by a qualified conservation entity.
25 . That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
26. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities
related to construction and operation of the Ocean View Point project.
27. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the
project designates 75 percent of the site as open space preserve, provides measures adequate
to mitigate impacts to onsite habitat, and includes erosion control measures that protect down
slope coastal resources .
28. That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
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29. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
30. That the City Planner is authorized to sign the Take Permit.
31. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City's General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation of the City's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees for impacts to 0.51 acres of disturbed land {Habitat Group F).
California Environmental Quality Act
32. The Planning Commission of the City of Carlsbad does hereby find:
General
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Report Program and Addendum for GPA 15-02/ZC 15-03/LCPA 15-05/CT
15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT the
environmental impacts therein identified for this project and any comments thereon prior
to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and
Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
33. 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 June
19, 2019 including, but not limited to the following:
a. Land Use & Community Design -Promote infill development that makes efficient use of
limited land supply, while ensuring compatibility and integration with existing uses.
PC RESO NO. 7339 -6-
b.
C.
d.
e.
Ensure that infill properties develop with uses and development intensities supporting a
cohesive development pattern (Goal 2-G .3): The applicant is proposing to develop a
vacant infill site with challenging topography and a 75 percent habitat preservation
requirement. The residential lots are clustered in the area that minimizes impacts on
the habitat with limited impact on the adjacent residential development.
Land Use & Community Design -Protect the neighborhood atmosphere and identity of
existing residential areas (Goal 2-G .5): The proposed lots, ranging in size from 10,353
square feet to 19,660 square feet, are generally consistent with the adjacent
neighborhood, which range in size from 8,000 square feet to 20,000 square feet.
Mobility -Keep Carlsbad moving with livable streets that provide a safe, balanced, cost-
effective, multi-modal transportation system (vehicles, pedestrians, bikes, transit),
accommodating the mobility needs of all community members, including children, the
elderly and disabled (Goal 3-G.1); improve connectivity for residents, visitors and
businesses (Goal 3-G.2); and provide inviting streetscapes that encourage walking and
promote livable streets (Goal 3-G.3): The project, while gated, completes an otherwise
unimproved non-landscaped project frontage along an existing cul-de-sac at the
southern terminus of Twain Avenue and will also dedicate and install a pedestrian
connection to the Citywide Trail System, which includes access to the nearby Veteran's
Memorial Park and the Crossings at Carlsbad community golf course. A private street
with gated entry is considered to be acceptable in this case because of the surrounding
habitat, open space requirements and steep topography make it difficult, if not
impossible to connect to Faraday Avenue below. Landscaped parkways and street trees
will line the existing unimproved portion of Twain Avenue as well as the new private
street. The circulation system has also been designed in conformance with the Land
Development Engineering Division and Fire Department design standards for public
streets, private streets and hillside condition~ and complies with all other applicable
City of Carlsbad design standards.
Open Space & Conservation -Protect environmentally sensitive lands, wildlife habitats,
and rare, threatened or endangered plant and animal communities (Goal 4-G.3).
Maintain and implement the city's Habitat Management Plan (HMP), including the
requirement that all development projects comply with the HMP and related documents.
Require assessments of biological resources prior to approval of any development on sites
with sensitive habitat (Policy 4-P.9): The project site, which is identified as a "Standards
Area" in the HMP, preserves seventy-five percent of the gross project area as Open
Space. A Biological Technical Report (BTR) was prepared for the site and determined
that there will be impacts to 4.13 acres of coastal sage scrub (Habitat Group C) and 0.51
acres of disturbed land (Habitat Group F). Impacts to Habitat Group C will be mitigated
at a 2:1 ratio and impacts to Habitat Group F will be satisfied through payment of an in-
lieu fee. Final design of the project was reached with extensive involvement and input
by the Wildlife Agencies. An HMP Consistency Determination from the Wildlife
Agencies was received on March 15, 2019 acknowledging the project's consistency with
the HMP.
Open Space & Conservation -Require developments to incorporate structural and non-
structural best management practices (BMPs) to mitigate or reduce the projected
increases in pollutant loads. Do not allow post-development runoff from a site that would
cause or contribute to an exceedance of receiving water quality objectives or has not been
PC RESO NO. 7339 -7-
reduced to the maximum extent practicable (Policy 4-P.58): The 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.
-f. Open Space & Conservation -Coordinate the planning of park facilities and trails with
other recreation-oriented land uses such as open space (Goal 4-G.8}; utilize greenways
and trails to connect the city's open space network (Goal 4-G.11); and obtain an
irrevocable offer to dedicate or a permanent easement for multi-use trails on privately
owned property where feasible, and where. trails are proposed as part of the Carlsbad
trail system (Policy 4-P.43): The proposed project will complete Trail Connection SD of
the city's Trails Master Plan, thereby connecting the existing Spyglass Hills
neighborhood and the proposed Ocean View Point development with Veteran's
Memorial Park and The Crossings at Carlsbad community golf course. This segment will
be a "Type 2 -Multi-Use Recreational Trail" that accommodates a broad range of trail
users. The project is conditioned to require an irrevocable offer of dedication for a
public trail easement through private property.
g. Noise -Ensure that new development is compatible with the noise environment, by
continuing to use potential noise exposure as a criterion in land use planning (Goal 5-G .2);
The project will not result in exposure of persons to or generation of noise levels in
excess of standards established in the City's General Plan or Noise Guidelines Manual
in that the proposed residential subdivision is located outside the 60 dB(A) CNEL noise
contour as indicated in the City of Carlsbad's General Plan Noise Element and Noise
Guidelines Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2035).
h. Noise -Use the noise policies in the McClellan-Palomar Airport Land Use Compatibility
Plan (ALUCP) to determine acceptability of a land use within the airport's influence area
(AIA) as depicted in the ALUCP (Policy 5-P.12}: The project site is located within Review
Area 1 of the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport
(ALUCP), is within Safety Zone 6, is located outside of the 60-65 CNEL noise contour, and
is within the Airport Overflight Notification Area. As stated in the ALUCP Table 111-2
(Safety Compatibility Criteria), residential development is a compatible use without
limitations outside of the 60-65 CNEL noise contours and in Safety Zone 6. The
requested land use change was also determined to be consistent with the ALUCP by the
Airport Land Use Commission staff on October 25, 2016. Because the project is located
within the Airport Overflight Notification Area, the project has been conditioned to
record a notice informing future residents that the property is subject to overflight,
sight and sound of aircraft operating from the airport.
i. Public Safety -Encourage physical planning and community design practices that deter
crime and promote safety (Policy 6-P.30): The project site is located within a five-minute
response time of Fire Stations No. 3 and 5 and has been conditioned to comply with the
fire code, including provisions for an automatic sprinkler system within each future
dwelling unit. Additionally, a Conceptual Fire Protection Plan has been prepared for the
project to demonstrate how it will conform to the policies and requirements of the
Landscape Manual, particularly the Fire Policies and Fire Protection Requirements. The
plan includes written and graphic illustrations of fire hydrant locations, GO-foot wide
fire fuel modification zones covering both manufactured slope areas and native slope
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areas, emergency/maintenance access, and maintenance responsibility and schedule of
frequency.
j. Housing -Provide sufficient new, affordable housing opportunities in all quadrants of the
city to meet the needs of current lower and moderate-income households and those with
special needs, and a fair share proportion of future lower and moderate-income
households (Goal 10-G.3): The project is conditioned to enter into an affordable housing
agreement for the provision of two (2) affordable housing units.
34. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 8 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 8 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
35. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010, in that:
a. The proposed project is located outside the 60 dB CNEL noise contour. The ALUCP
identifies all uses located outside the 60 dB(A) CNEL noise contour as compatible with
airport uses;
b. The proposed project is located within Safety Zone 6. The ALUCP identifies residential
land uses located within Safety Zone 6 as compatible with airport uses;
c. The proposed project is located within the Airport Overflight Notification Area but is
outside the Avigation Easement Area. Accordingly, the project has been conditioned to
record a notice informing future residents that the property is subject to overflight,
sight and sound of aircraft operating from the airport; and
d. The requested land use change was determined to be consistent with the Airport Land
Use Compatibility Plan by the Airport Land Use Commission staff on October 25, 2016.
36. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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37. That the city has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project.
38. 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 grading permit, building
permit or recordation of final map, whichever comes first; or pursuant to an approved
construction schedule at the discretion of the appropriate division manager or official.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Tentative Tract Map, Planned
Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat
Management Plan Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Planned Development Permit, Coastal Development
Permit, Hillside Development Permit, and Habitat Management Plan 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 shall implement, or cause the implementation of, the project Mitigated Negative
Declaration, Mitigation Monitoring and Reporting Program, and Addendum for Ocean View
Point -GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-
05.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
PC RESO NO. 7339 -10-
from (a) city's approval and issuance of this Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan
Permit, (b) city's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
installation and operation of the facility permitted hereby, including without limitation, any and
all liabilities arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the city's approval is not validated.
7. Prior to submittal ofthe 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 Tract
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.
8. 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.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, and Addendum; GPA 15-02, ZC 15-03, and LCPA
15-05, and is subject to all conditions contained in Planning Commission Resolutions No. 7337 and
7338 for those other approvals incorporated herein by reference.
11. This approval shall become null and void if the final map is not approved for this project within
24 months from the date on which the California Coastal Commission votes to approve the
project.
12. 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.
13. 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
8, 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.
14. 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
PC RESO NO. 7339 -11-
that the City of Carlsbad has issued a(n) Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan
Permit by Resolution(s) No. 7339 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 mo9ifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
15. Prior to the approval of the final map for any phase of this project, the Developer shall enter into
an Affordable Housing Agreement with the city to provide and deed restrict two (2) dwelling units
(15 percent of the total dwelling units) as affordable to lower-income households for 55 years,
in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner
no later than 60 days prior to the request to final the map. The recorded Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
16. Developer shall construct the required inclusionary units concurrent with the project's market
rate units, unless both the final decision-making authority of the city and the Developer agree
within an Affordable Housing Agreement to an alternate schedule for development.
17. As a condition of this approval, applicant must comply with the requirements of all regulatory
agencies having jurisdiction over the project and any mitigation requirements of the
environmental documents for the project. Pursuant to Government Code section 65871 and
Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a
conservation easement over all onsite and offsite mitigation areas and the onsite open space lot
for the conservation, protection, and management of fish, wildlife, native plants and the habitat
with the City's adopted Habitat Management Plan.
18. Developer shall dedicate, on the final map, an open space easement for those portions of Lots 1-
13, which are in slopes, coastal sage scrub and contain the 20-foot wide HMP Upland Habitat
Buffer, to prohibit any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways, and private (non-HOA maintained) landscaping,
as shown on Planning Commission Exhibit(s) "A" -"N" dated June 19, 2019.
19. Prior to final map approval, or issuance of a grading permit or clearing of any habitat, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the City and
resource agencies in relation to the onsite open space lot (Lot 14) and offsite mitigation areas
which are being conserved for natural habitat in the conformance with the City's Habitat
Management Plan:
a. The Mitsuuchi Property (adjacent to the Batiquitos Lagoon Ecological Reserve) was
purchased with federal Endangered Species Act Section 6 grant funding, allocated by the
California Wildlife Conservation Board (WCB) with matching funding from the California
Coastal Conservancy. The subgrant deed for this property states that the property cannot
be used for mitigation. However, the subgrant agreement can be amended to allow
mitigation at the discretion of the California Coastal Conservancy and the WCB. Prior to
approval of this property being used to satisfy substantial restoration/restoration
mitigation obligations of the Project, (i) the landowner/developer must provide
documentation from the California Coastal Conservancy and WCB stating that the subgrant
PC RESO NO. 7339 -12-
deed has been amended to allow Project-related mitigation on the Mitsuuchi property, and
(ii) California Coastal Commission must approve the mitigation as a requirement · of the
Coastal Development Permit. ·
b. Submit a final mitigation plan (conceptual restoration plan) for all onsite and offsite
mitigation areas. This plan, including on-the-ground verification, must be approved by the
city and resource agencies.
c. Select a conservation entity for each offsite mitigation area and onsite open space lot,
subject to approval by the City, that possesses qualification to manage these areas for
conservation purposes.
d. Submit a final a Preserve Management Plan for each offsite mitigation area and onsite open
space lot, which will ensure adequate management of these areas in perpetuity.
e. Submit a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of each offsite mitigation area and
onsite open space lot in perpetuity in accordance with the requirements of the HMP.
Although Emerald Pointe is already funded for long-term management, additional long-
term funding for the mitigation area associated with the Ocean View Pointe project will be
required to maintain this area to HMP standards. The Mitsuuchi property will also require
additional management funding to insure the area is managed to HMP standards.
f. Based on the results of the final PAR for each mitigation area/open space lot, fund non-
wasting endowments in an amount sufficient for management and monitoring of the offsite
mitigation areas and onsite open space lot in perpetuity based on the approved PAR/cost
estimate. Separate funds must be established for each preserve (i.e., Ocean View Pointe,
Shorepointe, Emerald Pointe, and Mitsuuchi). Long-term management funds for mitigation
areas that already have an established endowment account can be paid into that existing
account.
g. Obtain approval of the United States Fish and Wildlife Service (USFWS), California
Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) for the
restoration plan(s), preserve management plans, PARs, and endowments for all onsite and
offsite mitigation areas/open space lot consistent with the most current Biological
Resources Letter Report and Impact Analysis, or as otherwise approved by the City, USFW,
CDFW, and CCC.
h. Permanently protect all mitigation areas by establishing conservation easements, as
defined in California Civil Code Section 815.1, over all offsite mitigation areas and the onsite
open space lot for the conservation, protection, and management of native species and
habitats consistent with the HMP and approved by the resource agencies and the city. Proof
of recordation shall be provided to the jurisdictional city prior to land disturbance.
20. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the city's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
PC RESO NO. 7339 -13-
is further aware that the city has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
. Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP) for impacts to 0.51 acres of disturbed land (Habitat
Group F). If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent
with the Habitat Management Plan and the General Plan and any and all approvals for this project
shall become null and void.
21. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI-
Shapefile format registered to NAD 83 California State Plane Coordinate System Zone 6 {FIPS 406),
US Survey Feet. The City Planner has the discretion to waive this condition based on factors such
as the scope of the study and the format in which the exhibits were prepared.
22. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
23. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
24. Street trees to be planted within the private street parkway shall be a minimum 24-inch box
size.
25. 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.
C.
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 the city
within 30 days for the official record.
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
PC RESO NO. 7339 -14-
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the city finds to be required and requesting the same be carried out
by the Association within a period of thirty {30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association's Easements within the period specified by the city's notice, the
city shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied by the city: In the event the city has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the city to perform
such maintenance of the Common Area Lots and or Association's Easements. The city
shall provide a copy of such invoice to each Owner in the Project, together with a
statement that if the Association fails to pay such invoice in full within the time specified,
the city will pursue collection against the Owners in the Project pursuant to the provisions
of this Section. Said invoice shall be due and payable by the Association within twenty
{20) days of receipt by the Association. If the Association shall fail to pay such invoice in
full within the period specified, payment shall be deemed delinquent and shall be subject
to a late charge in an amount equal to six percent {6%) of the amount of the invoice.
Thereafter the city may pursue collection from the Association by means of any remedies
available at law or in equity. Without limiting the generality of the foregoing, in addition
to all other rights and remedies available to the city, the city may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is levied.
Each Owner in the Project hereby vests the city with the right and power to levy such
special assessment, to impose a lien upon their respective Lot and to bring all legal actions
and/or to pursue lien foreclosure procedures against any Owner and his/her respective
Lot for purposes of collecting such special assessment in accordance with the procedures
set forth in Article _____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____ . Brush
management shall be performed once a year prior to fire season in accordance with the
City of Carlsbad Landscape Manual.
f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _
g. Aircraft Noise Disclosures: Disclosure shall be included that this property is subject to
overflight, sight, and sound of aircraft operating from McClellan-Palomar Airport.
h. Open Space Lots: The HOA open space lots within the development shall remain under
the ownership and responsibility of the HOA for the purposes of open space, landscape
and common recreation areas. Any encroachment or development for private benefit
onto said lots shall be prohibited, including but not limited to private: fences, walls,
decks, storage buildings, pools, spas, stairways, and landscaping, etc.
i. Landscape Restrictions: No plant species listed as problematic and/or invasive by the
California Invasive Plant Council (formerly the California Exotic Pest Plant Council) or
PC RESO NO. 7339 -15-
State of California shall be employed or allowed to naturalize or persist on the site. No
plant species listed as a "noxious weed" by the State of California or federal government
shall be used in the property. No fire buffer impacts or vegetation thinning shall occur
within the preserved open space (conservation easement) areas.
j. Fire Restrictions: No exposed wood shall be allowed throughout the project, including
gates, fences, decks, etc. Residences shall be constructed with a Class-A type roof, with
no vents installed along the westerly side. Residences shall include interior fire
sprinklers installed to the satisfaction of the Carlsbad Fire Department. Parking areas
and driveways shall be sited and designed to allow for adequate fire department access.
No fire buffer impacts or vegetation thinning shall occur within the preserved open
space (conservation easement) areas.
k. Lighting Restrictions: Project lighting in the back yards adjacent to the HMP Preserve
areas shall be of the minimum necessary for safety and security and shall be shielded
and directed to shine downward and not into the HMP Preserve.
26. Developer shall submit a street name list consistent with the city's street name policy subject to
the City Planner's approval prior to final map approval.
27. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and
active recreational areas per the approved plans, including landscaping and recreational facilities.
28. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
29. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No . 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility stating the fact of a potential pass-through of fees or taxes exists and where complete
information regarding those fees or taxes can be obtained.
30. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office at all times. All sales maps that are distributed or made available to
the public shall include but not be limited to trails, future and existing schools, parks, and streets.
31. Developer shall post a sign in the sales office in a prominent location that discloses which special
districts and school district provide service to the project. Said sign shall remain posted until ALL
of the units are sold.
32. Prior to the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property is subject to
overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form
meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the
Planning Division).
PC RESO NO. 7339 -16-
33 . Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development. The number and locations of said signs shall be approved by the City
Planner (see Noise Form #3 on file in the Planning Division).
34. Prior to the approval of a final map, the Developer shall pay to the city a Trail Plan Check fee and
inspection fee in accordance with the current city fee schedule.
35. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication
to the City of Carlsbad for a trail easement for trail(s) shown on the Tentative Tract Map within
Open Space Lot 14. Prior to the issuance of any building permits, the trail shall be constructed as
a public trail for public use and accepted by the City of Carlsbad upon adoption of a Citywide Trails
Program that includes provisions for maintenance and liability. Otherwise, prior to issuance of
any building permits, the obligation for acceptance, construction, maintenance, and liability shall
be the responsibility of the Homeowner's Association.
36. Developer shall provide the following note on the final map of the subdivision and final mylar of
this development submitted to the city:
A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management
Control Point for each General Plan land use designation. Development cannot exceed
the Growth Control Point except as provided by Chapter 21.90. The land use designation
for this development is R-4 Residential, 0-4 dwelling units per non-constrained acre.
Lots 1-13 and 15-18, as shown on the Tentative Tract Map, were used to calculate the
intensity of development under the General Plan and Chapter 21.90. Subsequent
redevelopment or resubdivision of any one of these lots must also include Lots 1-13 and
15-18, as shown on the Tentative Tract Map, under the General Plan and Chapter 21.90
of the Carlsbad Municipal Code."
Parks and Recreation:
37. The public trail, including trail head amenities shall be constructed by the applicant and shall be
the maintenance responsibility of the Homeowner's Associations. This trail is part of the
Citywide Trail Network and shall be open to the public.
38. The applicant shall prepare and submit a trail plan for approval by the Parks and Recreation
Department prior to construction. Construction shall be inspected to ensure conformity with
the latest edition of the City of Carlsbad Engineering Standards, Trail Construction Standards
and the approved plans.
Engineering:
General
39. 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.
PC RESO NO. 7339 -17-
40. This project is approved upon the express condition that building permits will not be issued for
the developr:nent 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.
41. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private streets, utilities,
sidewalks, landscaping, street lighting, raised median, enhanced paving, water quality treatment
measures, low impact development features, storm drain facilities, etc. located therein 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 also address the 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. The CC&R's shall include a dedication to the Homeowner's Association an
easement for open space purposes as shown on the Tentative Tract Map.
42. 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.
43. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
44. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover,
etc.) and irrigation along the parkway frontage within the private street as shown on the
Tentative Tract Map.
Fees/ Agreements
45. 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.
46. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
47. 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.
48. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private retaining wall, enhanced pavement,
sewer, raised median, vehicular gate and gate facilities located over proposed public right-of-way
or easements as shown on the tentative map. Developer shall pay processing fees per the city's
latest fee schedule.
Grading
49. 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
PC RESO NO. 7339 -18-
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.
50. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading of the
future residential buildings for this project subject to City Engineer approval.
I
51. This project requires off site grading. No grading for private improvements shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the City Engineer, a
temporary grading, construction or slope easement or agreement from the owners of the affected
properties. If developer is unable to obtain the temporary grading or slope easement, or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the City Engineer and City Planner.
52. Prior to approval of the grading plan, the applicant 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. All material staging, construction trailers,
bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the City Engineer or Construction Management & Inspection Engineering Manager.
Storm Water Quality
53 . 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.
54. 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.
55. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the City Engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
PC RESO NO. 7339 -19-
56. 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
57. Developer shall cause owner to submit to the City Engineer for recordation a covenant of
easement for private storm drain purposes as shown on the tentative map. The offer shall be
made by a certificate on the final map or separate recorded document. Developer shall pay
processing fees per the city's latest fee schedule.
58. Developer shall cause owner to submit to the City Engineer a request for the release of the
existing covenant of easement for private drainage purposes created on map No. 16265.
59. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other
appropriate entities for public trail easement purposes as shown on the tentative map. The offer
shall be made by a certificate on the final map or separate recorded document. All land so offered
shall be free and clear of all liens and encumbrances and without cost to the city. Additional
easements may be required at final design to the satisfaction ofthe City Engineer.
60. Developer shall cause owner to dedicate to the city and/or other appropriate entities easements
for sewer and for general utility and access purposes as shown on the tentative map . The offer
shall be made by certificate on the final map or separate recorded document. 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.
61. Developer shall design the private streets, as shown on the tentative map to the satisfaction of
the City Engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall
pay the standard improvement plan check and inspection fees for private streets.
62. 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.
63. Prior to any work in the city right-of-way or public easements, developer shall apply for and
obtain a right-of-way permit to the satisfaction of the City Engineer.
64. Developer shall prepare, and process public improvement plans, and prior to City Engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
shown on the tentative map. Said improvements shall be installed to city standards to the
satisfaction of the City Engineer. These improvements include, but are not limited to:
A. Sewer main, manholes and laterals within the proposed private street extension ofTwain
Avenue.
B. Reconstruction of the sewer main, manholes and laterals within the public right-of-way
PC RESO NO. 7339 -20-
of existing Twain Avenue.
C. Water main, fire hydrants, water services and meters within the proposed private street
extension of Twain Avenue.
D. Driveway approach, sidewalk and the reconstruction of the curb and gutter within the
public right-of-way of existing Twain Avenue.
E. D.G. trail and reconstruction of the existing trail within the proposed Irrevocable Offer of
Dedication for public trial purposes.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Non-Mapping Notes
65. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
· 1) Sewer main, manholes and laterals within the proposed private street extension of
Twain Avenue.
2) Reconstruction of the sewer main, manhole.s and laterals within the public right-of-
way of existing Twain Avenue.
3) Water main, fire hydrants, water services and meters within the proposed private
street extension of Twain Avenue.
4) Driveway approach, sidewalk and the reconstruction of the curb and gutter within
the public right-of-way of existing Twain Avenue.
5) D.G. trail and reconstruction of the existing trail within the proposed Irrevocable Offer
of Dedication for public trial purposes.
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
PC RESO NO. 7339 -21-
Utilities
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.
66. 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.
67. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the District or City Engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
68. 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.
69. 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.
70. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District Engineer
and City Engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
71. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 ofthe
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
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72. 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.
73. 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.
74. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
75. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 8 as required by Carlsbad Municipal Code Section 21.90.050.
76. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
77. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
78. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
79. 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.
80. 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.
81. New single-family residential developments containing one or more model home(s): A water
efficient landscaping brochure shall be available for each group of adults visiting the model home.
At a minimum, each brochure shall include information describing the water efficient features of
the model's landscaping; resources for additional information regarding water efficiency in
landscaping; contact information for the local water purveyor a.nd Planning Division; and a reference
to the requirements of this landscape manual. A copy of the brochure shall be provided to the
Planning Division prior to the city authorizing temporary occupancy as a model home.
82. An educational sign shall be placed in the front yard of each model home so that it is visible and
readable from the roadway. The sign shall be white with black capital lettering at least two inches
high and shall state "THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND
IRRIGATION".
83. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan
(CAP) will likely impact development requirements of this project and may be different than what
is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges new
CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water
heating and traffic demand management requirements, as set forth in City Council Ordinance Nos.
CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available on the
city's website. CAP requirements may impact, but are not limited to, site design and local building
PC RESO NO. 7339 -23-
code requirements. If incorporating new CAP requirements results in substantial modifications
to the project, then prior to issuance of development permits, Developer may be required to
submit and receive approval of a Consistency Determination or Amendment for this project
through the Planning Div.ision. Once adopted as part of Title 18 and in effect, compliance with the
new CAP requirements must be demonstrated on or with the construction plans prior to issuance
of the applicable development permits.
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
of Carlsbad, California, held on June 19, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Geidner, Lafferty, Meenes, Merz, and Stine
NOES:
ABSENT: Commissioner Anderson G (JJtOABSTAIN: y Jffi1aJ
CAROLYN LUNA,~
CARLSBAD PLANNING COMMISSION
ATTEST:
TERI DELCAMP '
Principal Planner
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