HomeMy WebLinkAbout2019-07-17; Planning Commission; Resolution 7342PLANNING COMMISSION RESOLUTION NO. 7342
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A TENTATIVE
TRACT MAP, MAJOR REVIEW PERMIT, COASTAL DEVELOPMENT PERMIT,
HILLSIDE DEVELOPMENT PERMIT AND HABITAT MANAGEMENT PERMIT
FOR THE DEMOLITION OF AN EXISTING MEDICAL OFFICE BUILDING AND
SINGLE-FAMILY DWELLING; THE SUBDIVISION OF AN APPROXIMATELY
0.75-ACRE PARCEL INTO TWO LOTS AND 13 AIRSPACE RESIDENTIAL
CONDOMINIUM UNITS; AND THE DEVELOPMENT OF 13 DETACHED
SINGLE-FAMILY CONDOMINIUMS WITH EXCLUSIVE USE AREAS ON
PROPERTY LOCATED AT 570-580 LAGUNA DRIVE WITHIN THE
RESIDENTIAL SUPPORT AREA (LAND USE DISTRICT 4) OF THE VILLAGE
REVIEW (V-R) ZONE, MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: LAGUNA DRIVE SUBDIVISION
CASE NO.: CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 /
HDP 2018-0003 / HMP 2018-0003 (DEV2017-0237)
WHEREAS, Brett Farrow, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by The Virginia H. Murphy Trust, "Owner," described as
The easterly 120 feet measured along Laguna Drive of the following
described property: That portion of Lot 1, Section 1, Township 12 South,
Range 5 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to United States Government
Survey approved June 22, 1883
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Major
Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management
Permit as shown on Exhibit(s) "A" -"U" dated July 17, 2019, on file in the Planning Division CT 2018-
0006/RP 2018-0008/CDP 2018-0032/HDP 2018-0003/HMP 2018-0003 -LAGUNA DRIVE SUBDIVISION,
as provided by Chapters 20.12, 21.35, 21.95, 21.201 and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 17, 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, Major Review Permit, Coastal Development Permit, Hillside Development Permit
and Habitat Management 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 2018-0006/RP 2018-0008/CDP 2018-0032/HDP 2018-
0003/HMP 2018-0003 -LAGUNA DRIVE SUBDIVISION, based on the following findings
and subject to the following conditions:
Findings:
Tentative Tract Map, CT 2018-0006
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the proposed two lot tentative tract
map for a 13-airspace-condominium subdivision is consistent with the General Plan and
satisfies all minimum requirements of the Carlsbad Village Master Plan and Design Manual
(VMP), and Carlsbad Municipal Code Titles 20 and 21 with respect to public facilities, access and
parking as discussed in the project staff report.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed and are currently designated as either Village (V), R-4 Residential, R-
15 Residential, or Open Space (OS) on the General Plan Land Use Map. The subject property is
bordered by open space and existing single-family residential to the north, multiple-family
residential to the south, a mixture of office and single-family residential to the east and office
to the west. Pursuant to the Land Use District 4 (Residential Support Area) of the Village Master
Plan and Design Manual (VMP), the intent is to provide for a mix of higher quality commercial
and residential uses in this area which will provide positive support for Land Use District 1
(Village Center) and reinforce the Village Area north of Beech Street as a quality residential
neighborhood. The Residential Support Area also encourages a wide variety of housing types
(houses, condominiums and apartments) and sizes to be located in close proximity to shops,
restaurants and the commuter rail serving downtown San Diego. For those properties with the
same designation and that are developed with office and multiple-family residential uses to the
south and west, the proposed three-story tall detached residential condominium units are
compatible. For those existing residentially designated properties that are adjacent to the
proposed development on the north and east sides and are also located outside of the VMP
boundaries, the proposed residential use is compatible with the existing residential uses. To
enhance the projects compatibility with adjacent single-family residential, the project
development is set back approximately 10 feet along the majority of the east property line
where a zero-foot setback is allowed. The project is also set back over 34 feet from the north
property line and is plotting Units 10-13 at an off-angle in order to provide for greater depth,
articulation and visual interest. The 5:12 roof pitch for the majority of the structures is oriented
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downward toward the east property line so as to reduce massing at the property lines. For
those properties designated as OS, the development footprint for the project has been set back
100 feet from all wetlands. Additionally, all portions of the property that are encumbered by
the 100-foot-wide wetland buffer have been placed into a separate open space lot which is
further protected by an open space easement as conditioned. Lastly, the project will also
restore disturbed areas or areas of non-native habitat with native habitat where there was
development previously.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that the Village (V) General Plan Land Use designation allows residential development at a
density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.46 acres, the
proposed 13 airspace single-family residential condominium units have a density of 28.3
dwelling units per acre.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the proposed residential units have
an east-west orientation thereby allowing for passive or natural solar heating and cooling
opportunities.
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 and that the proposed
housing can be adequately served by the existing public services and no new facilities are
required.
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 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 Biological Resources,
Cultural/Paleontological Resources, Hazards/Hazardous Materials, Noise, and Tribal 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. In general, the development area of
the project site has been previously developed, and the new project development footprint has
been set back much further from the lagoon edge than the existing development. The proposed
project is providing a 100-foot-wide buffer from wetland habitat pursuant to the city's Habitat
Management Plan (HMP), which will be situated within a separate open space lot from the
development and revegetated with native plants. To avoid increased urban runoff, pollutants,
and soil erosion, the project .will adhere to the city's Master Drainage Plan, Grading Ordinance,
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Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program
(JRMP).
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 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.
Major Review Permit, RP 2018-0008
10. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, Village Review (V-R) Zone, and Carlsbad Village Master
Plan and Design Manual (VMP), based on the facts set forth in the staff report dated July 17,
2019 including, but not limited to the following:
a. Land Use & Community Design -Develop a distinct identity for the Village by encouraging
a variety of uses and activities, such as a mix of residential, commercial office, restaurants
and specialty retail shops, which traditionally locate in a pedestrian-oriented downtown
area and attract visitors and residents from across the community by creating a lively,
interesting social environment (Goal 2-G.30); and seek an increased presence of both
residents and activity in the Village with new development, particularly residential,
including residential as part of a mixed-use development, as well as commercial,
entertainment and cultural uses that serve both residents and visitors (Policy 2-P.70): The
proposal to construct 13 residential condominiums would enhance the vitality of the
Village by providing new residential land uses near the downtown core area. The
project reinforces the pedestrian orientation desired for the downtown area by
providing residents an opportunity to walk to shopping, restaurants, recreation, and
mass transit functions. The project's proximity to existing bus routes and mass transit
help further the goal of providing new economic development near transportation
corridors. Overall, the residential project provides a higher quality residential support
use which will contribute toward the revitalization of the Village area in general, and
reinforces the Village area north of Beech Street as a quality residential neighborhood.
b. Mobility -Require developers to construct or pay their fair share toward improvements
for all travel modes consistent with the Mobility Element, the Growth Management Plan,
and specific impacts associated with their development (Policy 3-P.5): The proposed
project has been designed to meet circulation requirements, which include maintaining
or enhancing frontage improvements consisting of sidewalks and landscaping. In
addition, the applicant is required to pay traffic impact fees prior to the issuance of
building permits that would go toward future road improvements.
c. Mobility -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): Laguna Drive can accommodate the estimated average daily trips (ADTs) in that
the proposed project generates 12 fewer ADTs than the combined existing uses. The
proposed project is also located approximately one-third of a mile from the Carlsbad
Village train station, which provides rail and bus service throughout the day. The
project's proximity to the transit station would provide residents with the opportunity
to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and
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the carbon footprint. Lastly, the project proposes a landscaped frontage with street
trees to further accentuate an already inviting neighborhood streetscape and also
supports walkability and mobility by locating near existing goods and services within
the Village.
d. 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}: A Biological Technical Report (BTR) was prepared
for the site and determined that there will be impacts to 0.09 acres of disturbed land
(Habitat Group F). Impacts to Habitat Group F will be satisfied through payment of an
in-lieu fee. No impacts will occur to 0.01 acres of onsite Coastal and Valley Freshwater
Marsh (Habitat Group A) in that the project has been designed to include a 100-foot
wetland buffer, all of which is located in an open space lot separate from the
development area.
e. 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
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}; 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 project is conditioned to require an irrevocable offer of
dedication for a 25-foot-wide lateral public access easement through private property
per the Mello II Segment of the Local Coastal Program.
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.
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). A Noise
Technical Report (Dudek, September 2018) confirmed the above, but also identified
some short-term (i.e., temporary) noise impacts during construction and long-term
operational noise impacts that may occur from HVAC mechanical noise associated with
new residential development. Mitigation measures addressing both the short-and
long-term noise impacts from the project are included in the Mitigation Monitoring and
Reporting Programs and reduce impacts to a less-than-significant level.
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h. · Public Safety -Minimize injury, loss of life, and damage to property resulting from fire,
flood, hazardous material release, or seismic disasters (Goal 6-G.1); enforce the
requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when
reviewing applications for building permits and subdivisions (Policy 6-P.6); enforce the
Uniform Building and Fire codes, adopted by the city, to provide fire protection standards
for all existing and proposed structures (Policy 6-P.34); and ensure all new development
complies with all applicable regulations regarding the provision of public utilities and
facilities (Policy 6-P.39): The proposed structural improvements are required to meet all
seismic design standards and will include fire sprinklers for each unit. Additionally,
Units 1-6, which are located adjacent to open space and Buena Vista Lagoon, are
conditioned to employ under deck/patio fire sprinklers. The project is also required to
develop and implement a program of "best management practices" for the elimination
and reduction of pollutants which enter and/or are transported within storm drainage
facilities and has been conditioned to pay all applicable public facilities fees for Zone 1.
i. Housing -Pursuant to the lnclusionary Housing Ordinance, require affordability for lower
income households of a minimum of 15 percent of all residential ownership and qualifying
rental projects (Policy 10-P.15): As 13 units are proposed, not less than 15 percent of the
total units, or two units, shall be constructed and restricted both as to occupancy and
affordability to lower-income households. Pursuant to CMC Section 21.85.070, when
new construction is determined to be infeasible or presents a hardship, alternatives to
the construction of units onsite include a contribution to a special needs housing project
or program. On April 28, 2018, the city's Housing Policy Team recommended approval
of the applicant's request to purchase two affordable housing credits from the Tavarua
senior affordable apartments located in the Northwest Quadrant of the city. The project
has been conditioned to enter into an Affordable Housing Agreement prior to the
approval of the final map. The Agreement will require the developer to purchase two
affordable housing credits within the Tavarua senior affordable apartments at time of
building permit issuance.
j. Land Use District 4 Standards -The project as designed is consistent with the
development standards for Land Use District 4, the Village Design Guidelines and other
applicable regulations set forth in the Carlsbad Village Master Plan and Design Manual
(VMP) as discussed in the project staff report. The project is not requesting any
deviations to the development standards.
Coastal Development Permit, CDP 2018-0032
11. That the proposed development is in conformance with the Certified Local Coastal Program
(Mello II Segment) and all applicable policies, in that the project consists of demolition of an
existing office building and single-family residence followed by the subdivision and
development of the project site with 13 new single-family residential condominiums on a parcel
of land designated for residential development. Additionally, the project provides measures
adequate to mitigate impacts to onsite habitat and includes erosion control measures that
protect down slope coastal resources. Lastly, no agricultural activities, sensitive resources,
geological instability, flood hazard, or coastal access opportunities exist onsite, and the
development does not obstruct views of the coastline as seen from public lands or public right-
of-way or otherwise damage the visual beauty of the coastal zone.
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12. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that an irrevocable offer of dedication for a 25-foot-wide lateral public access way
is labeled on the project exhibit upland of the environmentally sensitive areas and has also been
made a condition of approval in order to provide the public with the right of lateral access along
the Buena Vista Lagoon edge.
13. 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. No development is proposed on natural steep slopes (i::25 percent gradient)
and the site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods or liquefaction.
14. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance} in that no portion of the proposed single-family
residences have been sited any further seaward then those allowed by a line drawn between
the adjacent structures to the east and west; and an irrevocable offer of dedication for a 25-
foot-wide lateral public access way is labeled on the project exhibit upland of the
environmentally sensitive areas and has also been made a condition of approval in order to
provide the public with the right of lateral access along the Buena Vista Lagoon edge.
Hillside Development Permit, HDP 2018-0003
15. That hillside conditions have been properly identified on the constraints map which show existing
and proposed conditions and slope percentages.
16. That undevelopable areas of the project, i.e., slopes over 40 percent, have been properly
identified on the constraints map.
17. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that hillside conditions of the project have been properly
identified on the constraints map, which show existing and proposed conditions, and slope
percentages. Undevelopable areas of the project, i.e., slopes over 40 percent, have been
properly identified on the constraints map. New development is set back away from the top of
slope at a 0.7-foot horizontal distance for each 1.0 foot of vertical building height; no slopes
greater than 15 percent are being impacted; and no manufactured slopes are being proposed.
18. 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, significant riparian or woodland habitats, major power
transmission easements or railroad track beds. However, for those portions of the site
containing permanent bodies of water, floodways, significant wetlands or natural slopes with
an inclination of greater than 40 percent, these undevelopable portions of the site have been
avoided by development and are protected within a separate open space lot.
19. The project design substantially conforms to the intent of the concepts illustrated in the Hillside
Development Guidelines Manual, in that the grading design minimizes the volume of grading
(398 cubic yards per acre) to an "acceptable" level (0 to 7,999 cubic yards per acre); no
manufactured slopes are proposed; and the fencing proposed near the top of the slope consists
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of an open type design (i.e., 42-inch tall clear glass fence) so as not to visually extend the height
of the slope.
20. 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 Permit, HMP 2018-0003
21. That the Laguna Drive Subdivision project parcel is shown in Figure 28 of the approved HMP as a
"Development Area," and located adjacent to an "Existing Hardline Conservation Area," namely
the Buena Vista Lagoon.
22 . That authorization to impact sensitive habitats through the removal of 0.09 acres of disturbed
land (Habitat Group F) 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.
23. That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures as stated in the Mitigated Negative Declaration, and Mitigation Monitoring
and Report Program for the Laguna Drive Subdivision and is subject to all conditions contained
in Planning Commission Resolutions No. 7341 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.
24. 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).
25. That all impacts to habitat (0.09 acres of Group-F disturbed land) and all take of species will be
incidental to otherwise lawful activities related to construction and operation ofthe Laguna Drive
Subdivision project. No take of species of concern is proposed or anticipated.
26. 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
13-unit condominium development is proposed on the least environmentally sensitive portion
of the site consisting of HMP Group-F (disturbed land) habitat and all development observes a
100-foot setback from wetlands, namely the Buena Vista Lagoon, which is identified in Figure
28 of the approved HMP as an Existing Hardline Conservation Area. A small patch (0.01 acres)
of HMP Group-A (Freshwater Marsh) habitat, which is located along the northern portions of
the site near the lagoon edge, is within the 100-foot wetland buffer and protected by a
proposed open space lot and future easement as conditioned. In order to prevent negative
effects on the lagoon and the freshwater marsh habitat, mitigation measures have been
included with the project to address the interface between the proposed development and the
lagoon, which includes the 100-foot buffer, fencing, fire management, erosion control,
landscaping restrictions and exotic species control.
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27. 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.
28. 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. No take of species of concern is proposed or anticipated.
29. 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 0.09 acres of disturbed land (Habitat Group F).
City Council Policy No. 43, Allocation for Excess Dwelling Units
30. That the city's Housing Policy Team recommended approval of the request for an allocation of
12 units from the Excess Dwelling Unit Bank on April 28, 2018.
31. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the Residential Support Area (Land
Use District 4) of the Carlsbad Village Master Plan and Design Manual (VMP) is intended to
provide for a gradual transition to a mix of higher quality commercial and residential uses which
will provide positive support for the core of the Village, and to reinforce the Village area north
of Beech Street as a quality residential neighborhood.
32. That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document, in that the Residential Support Area
(Land Use District 4) of the Carlsbad Village Master Plan and Design Manual (VMP) allows for
residential development at a density range of 28 to 35 dwelling units per acre. Based on a net
acreage of 0.46 acres, the proposed .13-unit residential condominium project has a density of
28.3 dwelling units per acre. As the proposed project falls within the allowable density range
and meets all required development standards, the project is co_nsistent with the General Plan
and the VMP.
33. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to
allocate 12 units (net unit increase on-site). Per the city's Quadrant Dwelling Unit Report dated
May 31, 2019, less recent allocations, 566 units remain available for allocation in the Village.
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General
34. 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.
35. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
36. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
37. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted city standards.
38. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
39. 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 approval of the Final Map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
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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, Major
Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat
Management Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Major Review Permit, Coastal Development Permit,
Hillside Development Permit and Habitat Management 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 Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program for Laguna Drive Subdivision -CT 2018-
0006/RP 2018-0008/CDP 2018-0032/HDP 2018-0003/HMP 2018-0003.
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,
from (a) city's approval and issuance of this Tentative Tract Map, Major Review Permit, Coastal
Development Permit, Hillside Development Permit and Habitat Management 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 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 reflectingthe 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.
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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 1 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 and
Mitigation Monitoring and Reporting Program and is subject to all conditions contained in
Planning Commission Resolutions No. 7341 for those other approvals incorporated herein by
reference.
11. 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.
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
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 .
14. Prior to the 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,
Major Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat
Management Permit by Resolution(s) No. 7342 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.
15. 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) affordable housing
credits from the City of Carlsbad in · the Tavarua senior affordable apartments (a combined
offsite affordable housing development) located in the Northwest Quadrant of the city to meet
the inclusionary housing requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code
for residential developments. The individual credit purchase shall be the amount in effect at the
time of purchase, as established by City Council Resolution from time to time and shall be
PC RESO NO. 7342 -12-
purchased at the time of building permit issuance. 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. 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
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'~ 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 0.09 acres of Group-F (disturbed land) habitat.
If the In-lieu Mitigation Fees for this project are 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.
17. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI-
Shapefile format registered to NAO 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.
18. Developer shall dedicate, on the final map, an open space easement for Lot 2, which is in slopes,
wetlands, and other constrained land, including the 100-foot-wide HMP Wetland Buffer, to
prohibit any encroachment or development, including but not limited to private residential
fences, walls, decks, storage buildings, pools, spas, stairways, and any private (non-HOA
maintained) landscaping, as shown on Planning Commission Exhibit(s) "A" -"U" dated July 17,
2019.
19. 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.
20. All plant species specified for planting along the transitional edge facing Buena Vista Lagoon
shall be locally-sourced native species that are indigenous to coastal North County San Diego.
21. 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.
22. 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
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Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the city: The city shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the city has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the
city in advance. If the proposed amendment affects the city, 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.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that
the Association fails to maintain the "Common Area Lots and/or the Association's
Easements" as provided in Article-----~ Section ______ the city shall
have the right, but not the duty, to perform the necessary maintenance. If the city elects
to perform such maintenance, the city shall give written notice to the Association, with a
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the city finds to be required and requesting the same be carried out
by the Association within a period of thirty (30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association's Easements within the period specified by the city's notice, the
city shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied by the city: In the event the city has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the city to perform
such maintenance of the Common Area Lots and or Association's Easements. The city
shall provide a copy of such invoice to each Owner in the Project, together with a
statement that if the Association fails to pay such invoice in full within the time specified,
the city will pursue collection against the Owners in the Project pursuant to the provisions
of this Section. Said invoice shall be due and payable by the Association within twenty
(20) days of receipt by the Association. If the Association shall fail to pay such invoice in
full within the period specified, payment shall be deemed delinquent and shall be subject
to a late charge in an amount equal to six percent (6%) of the amount of the invoice.
Thereafter the city may pursue collection from the Association by means of any remedies
available at law or in equity. Without limiting the generality of the foregoing, in addition
to all other rights and remedies available to the city, the city may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is levied.
Each Owner in the Project hereby vests the city with the right and power to levy such
special assessment, to impose a lien upon their respective Lot and to bring all legal actions
and/or to pursue lien foreclosure procedures against any Owner and his/her respective
Lot for purposes of collecting such special assessment in accordance with the procedures
set forth in Article _____ of this Declaration.
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e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ___ _
f. Balconies, trellis. and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _
g. Open Space Lot: The open space shall remain under the ownership and responsibility of
the HOA for the purposes of open space. Any encroachment or development for private
benefit onto said lot shall be prohibited, including but not limited to private: fences,
walls, decks, storage buildings, pools, spas, stairways, and landscaping, etc.
23 . 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.
24. 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. If it is determined that the air conditioning equipment
is visible, a parapet screen shall be installed around the units prior to issuance of occupancy, to
the satisfaction of the City Planner.
25 . 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 ofthe 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.
26. 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 model 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.
27. Developer shall post a sign in the sales office, or inside each model 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 .
28. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
29. 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.
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30. 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.
31. Units 1-6, located along the transitional edge facing Buena Vista Lagoon, shall provide under
deck/patio sprinklers to the satisfaction of the City's Fire Marshal.
32. Prior to the approval of the Final Map, Developer shall dedicate an irrevocable 25-foot-wide
lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or
their designee as agreed to with the California Coastal Commission.
Engineering
General
33. 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.
34. 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.
35. Developer shall establish a homeowner's association and 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 homeowner's association shall
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.
36. 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.
37. 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.
38. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/ Agreements
39. 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.
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40. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
41. 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
42. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this proje_ct 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.
43. Prior to approval of the grading plans, 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. All material staging, bathroom facilities,
parking of construction vehicles, employee parking, construction fencing, etc. shall be located
outside the public right-of-way unless otherwise approved by the city engineer of construction
management and inspection manager.
Storm Water Quality
44. 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.
45. 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.
46. 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. 7342 -17-
47. 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
48. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other
appropriate entities for public access 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 of the city engineer.
49. 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.
50. 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
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.
51. 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.
52. 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
53. 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/Site Plan . These improvements include, but
PC RESO NO. 7342 -18-
Utilities
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
1identified 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.
54. 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.
55. 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.
56. 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.
57. 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.
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Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
58. 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.
59 . 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.
60 . 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.
61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
62. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
63. Developer shall pay a landscape plan check inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
64. 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.
65. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
66. Any signs proposed for this development shall at a minimum be designed in conformance with
the Carlsbad Village Master Plan and Design Manual (VMP) or successor plan and/or the city's
Sign Ordinance and shall require review and approval of the City Planner prior to installation of
such signs.
67. 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 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 Division. 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.
PC RESO NO. 7342 -20-
68. 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 and 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.
69. 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".
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.
PC RESO NO. 7342 -21-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on July 17, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Geidner, Lafferty, Merz, and Meenes
NOES:
ABSENT: Commissioner Anderson
ABSTAIN: Commissioner Stine
CAROLYN LUNA, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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