HomeMy WebLinkAbout2019-09-04; Planning Commission; Resolution 7346PLANNING COMMISSION RESOLUTION NO. 7346
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND SITE
DEVELOPMENT PLAN TO CONSTRUCT A SIX-UNIT, RESIDENTIAL
TOWN HOME PROJECT ON A 0.44-ACRE SITE LOCATED AT 3535 HARDING
STREET IN THE BARRIO CENTER (BC} DISTRICT OF THE VILLAGE AND
BARRIO MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 1
CASE NAME: HARDING & PALM TOWNHOUSE
CASE NO.: CT 2017-0008/SDP 2019-0006 (DEV2017-0064)
WHEREAS, Harding Palm, LLC, "Applicant" and "Owner," has filed a verified application with
the City of Carlsbad regarding properties described as:
Parcel 1
Lot 11 in Block "A" of resubdivision of portion of Alles Avocado Acres, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no. 2027, filed in the office
of the County Recorder of San Diego County, May 17, 1927
Parcel2
An easement for purposes of encroachment for an existing garage over, along and across the
northwesterly 2.00 feet of Lot 2 of Brentwood Village, in the City of Carlsbad, according to map
thereof no. 4369, filed in the office of the County Recorder of San Diego County, October 19,
1959
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Site
Development Plan as shown on Exhibits "A" -"P" dated September 4, 2019, on file in the Planning
Division CT 2017-0008/SDP 2019-0006-HARDING & PALM TOWNHOUSE, as provided by Chapters 21.06,
20.12, and 21.35 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 4, 2019, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hear,ing, 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 and Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CT 2017-0008/SDP 2019-0006-HARDING & PALM TOWNHOUSE, based on the following
findings and subject to the following conditions:
Findings:
Tentative Tract Map CT 2017-0008
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 one-lot tentative tract
map for a six-unit residential air-space condominium subdivision is consistent with the General
Plan as described below and satisfies all minimum requirements of the Village and Barrio
Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with respect to public
facilities, access and parking as discussed below and in the project staff report dated September
4, 2019.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed, currently designated as Village-Barrio {VB) in the General Plan and
located in the Barrio Center {BC) District or Barrio Perimeter {BP) Districts of the Village and
Barrio Master Plan {VBMP). The subject property, which is in the BC District, is bordered to the
north by Chase Field {public park) and to the south, east, and west by existing residences. The
adjacent properties to the south and west are also located within the BC District. The property
to the east is located within the Barrio Perimeter {BP) District of the VBMP which allows a much
higher density. Residential uses are permitted by right in the BC District. The proposed six-unit
residential air-space condominium project is compatible with existing and future land uses.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that the BC District within the VBMP allows residential development at a density range of 8 to
15 dwelling units per acre {du/ac). Based on a net acreage of 0.44 acres, the proposed six-unit
residential condominium project has a density of 13.6 du/ac. As the proposed project falls
within the higher yet allowable density range and meets all required development standards,
the project site will accommodate the proposed density.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 {Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures have been designed to
include operable windows on all elevations and balconies to maximize exposure of each unit to
natural light and ventilation.
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7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources in that the proposed
six-unit residential project can be adequately served by the existing public services, and is
conditioned to pay an inclusionary housing fee for five (5) units, or six (6) if building permit(s)
not applied for within two years of demolition of existing single-family residence.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the previously developed lot is devoid of sensitive vegetation and any natural water
features. Therefore, the proposed project does not impact any fish, wildlife or habitat.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City's sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System (NPDES) requirements.
Site Development Plan SDP 2019-0001
10. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposed
one-lot tentative tract map for a six-unit residential air-space condominium subdivision is
consistent with the General Plan as described below and satisfies all minimum requirements of
the Village and Barrio Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with
respect to public facilities, access and parking as discussed in the project staff report dated
September 4, 2019.
11. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the project consists of the construction of a six-unit residential air-space condominium project
on a 0.44-acre site located at 3535 Harding Street within the BC District of the VBMP. The
subject property is bordered to the north by Chase Field (public park) and to the south, east,
and west by existing residences. The adjacent properties to the south and west are also located
within the BC District. The property to the east is located within the BP District of the VBMP
which allows a higher density. Residential uses are permitted by right in the BC District. Given
the variety of existing uses and districts, the proposed six-unit residential air-space
condominium project is compatible with existing and future land uses. The six-unit residential
condominium project will not adversely impact the site, surroundings, or traffic circulation in
that the existing surrounding streets have adequate capacity to accommodate the 48 Average
Daily Trips (ADT) generated by the project. The project complies with all minimum development
standards of the BC District and the VBMP, and the project provides adequate parking on-site
and does not result in any significant environmental impacts.
12. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the BC District within the Village and Barrio Master Plan (VBMP) allows
residential development at a density range of 8 to 15 dwelling units per acre (du/ac). Based on
a net acreage of 0.44 acres, the proposed six-unit residential condominium project has a density
PC RESO NO. 7346 -3-
of 13.6 du/ac. As the proposed project falls within the higher yet allowable density range and
meets all required development standards, the project will accommodate the proposed density.
13. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the six-unit residential condominium
project complies with all development standards (i.e. setbacks, lot coverage, parking, and
height restrictions) of the BC District and the VBMP. Landscaping along the outer edge of the
property, including the areas along Palm Avenue and Harding Street, will be provided consistent
with the requirements of the City's Landscape Manual. In addition, privacy walls/fences on the
property will be provided and maintained yet complement the character of the neighborhood.
14. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the six-unit residential condominium project
will take access off of Harding Street, which is identified as a local street, and is designed to
adequately handle the 48 Average Daily Trips (ADT) generated by the project. Palm Avenue and
Harding Street are already improved with pavement, curb, gutter and sidewalks.
City Council Policy No. 43, Allocation for Excess Dwelling Units
15. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project consists of the
construction of a six-unit residential air-space condominium project on a 0.44-acre site located
at 3535 Harding Street within the BC District of the VBMP. The subject property is bordered to
the north by Chase Field (public park) and to the south, east, and west by existing residences.
The adjacent properties to the south, and west are also located within the BC District. The
property to the east is located within the BP District of the VBMP which allows a higher density.
Residential uses are permitted by right in the BC District. Given the variety of existing uses and
districts, the proposed six-unit residential air-space condominium project is compatible with
existing and future land uses. The six-unit residential condominium project will not adversely
impact the site, surroundings, or traffic circulation in that the existing surrounding streets have
adequate capacity to accommodate the 48 Average Daily Trips (ADT) generated by the project.
The project complies with all minimum development standards of the BC District and the VBMP,
and the project provides adequate parking on-site and does not result in any significant
environmental impacts.
16. 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 BC District within the
VBMP allows residential development at a density range of 8 to 15 dwelling units per acre.
Based on a net acreage of 0.44 acres, the proposed six-unit residential condominium project
has a density of 13.6 dwelling units per acre. As the proposed project falls within the higher yet
allowable density range and meets all required development standards, the project is
consistent with the General Plan and VBMP.
17. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Northwest
Quadrant to allocate one (1) unit (net unit increase on-site). Per the city's Quadrant Dwelling
Unit Report dated June 18, 2019, 129 units remain available for allocation outside the Village.
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General
18. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan and the Village and Barrio Master Plan based on the facts
set forth in the Staff Report dated September 4, 2019 including, but not limited to the following:
a. Land Use -The proposed project enhances the neighborly community of the Barrio by
providing additional multi-family residential options, and a design that is complementary
to the area. The Barrio currently enjoys a diverse mix of commercial, single-family and
multi-family housing uses. The scale and character of the project is consistent with the
Barrio community's character and the development complies with the Village and Barrio
Master Plan's intent and standards, including a development of structures that provide a
cohesive transition between public and private space. The proposed residences are
oriented in that the front entries face Palm Avenue with the garages located at the rear of
the property. This orientation in design enhances the walkability of public sidewalks along
Palm Avenue by form; residences closer to the public sidewalks create pedestrian-friendly
streets and enhance a sense of community. The project reinforces the pedestrian
orientation desired for the Barrio by providing residents an opportunity to walk to
shopping, recreation, and mass transit.
b. Mobility-The proposed project is designed to meet circulation requirements, which include
maintaining or enhancing frontage improvements consisting of sidewalks and landscaping
and accommodating future bike lane improvement along Harding Street. The proposed
project is located approximately one mile from the Carlsbad Village train station which
provides rail and bus service throughout the day. The existing and proposed bike lanes along
Harding Street and throughout the Barrio and Village provide residents the opportunity to
access job centers, thereby offering a method of alternative transportation which reduces
vehicle miles traveled (VMTs) and overall carbon footprint. Furthermore, the project
supports walkability and mobility by being located near existing goods and services in the
Barrio and Village.
c. Noise -Based on the noise analysis report (LSA, dated October 2017) which studied short
term noise levels during construction, and long term or operational levels, post
construction, and determined the proposed project is in compliance with the City of
Carlsbad Noise Standards. The project's building design, with the windows closed and
mechanical ventilation, adequately attenuates the noise levels for the new condominiums.
d. Public Safety -The proposed structures would be required to meet all seismic design
standards. In addition, the proposed project is consistent with all applicable fire safety
standards as required by State's building and fire codes. The project is required to develop
and implement a program of "best management practices" for the elimination and
reduction of pollutants which enter into and/or are transported within storm drainage
facilities. The project has been conditioned to pay all applicable public facilities fees for
Zone 1 and meet with the Fire Marshal to determine if public fire hydrants are required.
e. Housing -The inclusionary housing requirement may be satisfied through the payment of
an in-lieu fee for projects that have less than seven units. Therefore, the project has been
conditioned to require the payment of the housing in-lieu fee for six units prior to issuance
of a building permit, or payment for five units if building permits are applied for within two
years from demolition of the existing single-family residence.
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19. 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.
20. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development
project. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the State CEQA Guidelines do not apply to this project, including historical
resources. Specifically, the existing home and detached garage, which are estimated to be 77
years old and are proposed to be demolished, are not identified on a local register of historical
resources and a qualified professional has determined they do not meet the criteria for listing on
the California Register of Historical Resources.
21. 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.
22. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
23. 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.
24. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
25. 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.
PC RESO NO. 7346 -6-
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
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 and Site
Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Site Development Plan documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Tentative Tract Map and Site Development Plan, (b)
city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the city's approval is not validated .
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map and
Site Development Plan, 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.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax {if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Deve loper shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Prior to the 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{n) Tentative Tract Map
and Site Development Plan by Resolution{s) No. 7346 on the property. Said Notice of Restriction
sha ll note the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice
of Restriction. The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
13 . 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 Rea l Estate and the City Planner. At a minimum, the CC&Rs sha ll 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, Ci_ty shall have the right to disapprove.
A copy of the final approved amendment shall be transmitted to City within 30 days for the
official record.
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c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article---~ Section ______ the City shall have the right, but not the
duty, to perform the necessary maintenance. If the City elects to perform such maintenance,
the City shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty {30} days
from the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the City's notice, the City shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the City shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The City shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the City will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent (6%} of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
City, the City may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOA's and individual unit owner's landscape
maintenance responsibilities shall be as set forth in Exhibit _____ _
f. Balconies, trellis, and decks: The individual unit owner allowances and prohibitions regarding
balconies, trellis, and decks shall be as set forth in Exhibit ____ _
14. This project is being approved as a condominium permit for residential ownership purposes. If
any of the residential units in the project are rented, the minimum time increment for such rental
shall be not less than 31 days. The CC&Rs for the project shall include this requirement. Should
the City Council adopt an ordinance that would permit rental of the units for less than 31 days,
this condition shall be.null and void.
15. 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.
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16. 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.
17. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism . The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
18. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
19. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until all of the units are sold.
20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
21. 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.
22. Prior to issuance of building permits, the Developer shall pay to the city an inclusionary housing
in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at
the time, as established by City Council Resolution from time to time. If building permits are not
applied for within two· (2) years from demolition of the existing single-family residence, then no
credit will be given for the existing residence and in-lieu fees shall be paid for all six (6) units
instead of five (5) units.
23. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan
(CAP) w ill likely impact development requirements of this project an d may be different t han 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 ofTitle 18 and in effect, compliance with the
PC RESO NO. 7346 -10-
new CAP requirements must be demonstrated on or with the construction plans prior to issuance
of the applicable development permits.
24. 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.
25. 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.
26. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit
since windows are required to be closed to meet the maximum 45 dB(a) CNEL interior noise
level per the project's noise analysis report prepared by LSA dated October 2017.
27. Standard building construction shall consist of wall construction with a minimum rating of STC-
46, along with windows with a minimum rating of STC-25 and sliding glass doors with a
minimum rating of STC-29.
Engineering
General
28. 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.
29. 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.
30. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private utilities, street trees,
landscaping, hardscape, enhanced paving, water quality treatment measures, and storm drain
facilities located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this subdivision.
31. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
32. Developer shall install sight distanc·e corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
33. Developer shall submit to the city engineer written approval from North County Transit District
(NCTD) demonstrating mass-transit improvement requirements for this project have been
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satisfied.
Fees/ Agreements
34. 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 ..
35. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
36. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private pervious pavers located over existing
public right-of-way or easements as shown on the tentative map. Developer shall pay processing
fees per the city's latest fee schedule.
37. Developer shall submit proof that SDG&E has granted permission to allow proposed trees and
water utility back flow preventers in the SDG&E easement recorded 4/30/64 as shown on the
tentative tract map.
Grading
38. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
39. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities.
Storm Water Quality
40. 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.
41. 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.
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Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
42. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing
the use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
Dedications/Improvements
43. 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.
44. Developer shall design all proposed public improvements including but not limited to driveways,
sidewalk, water services/meters, street repair and curb drains as shown on the tentative map.
These improvements shall be shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall execute a city standard Subdivision
Improvement Agreement to install said improvements and shall post security in accordance
with C.M.C. Section 20.16.070. Developer shall apply for and obtain a right-of-way permit prior
to performing work in the city right-of-way.
Non-Mapping Notes
45. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M .C. Section 20.16.070 to install public
improvements in public right of way or easements as shown on the tentative map. These
improvements include, but are not limited to:
1) Driveway approach.
2) Sidewalk replacement and widening to five feet on Harding Street and
behind the pedestrian ramp at the street intersection.
3) Water services and related facilities.
4) Storm drain curb outlet.
5) Street trench repair and grind and overlay between the trench repair.
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. 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
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Utilities
subsequent damage that may occur on, or adjacent to, this subdivision due to .its
construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
acco rdance 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.
46. 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 or grading plans.
47. 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 or
grading plans.
48. 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:
49. Developer shall pay planned local area drainage fees in acco rdance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
50. Developer shall pay traffic impact and sewe r 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.
51. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
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52. 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.
53. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
54. 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.
55. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
56. 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.
57. This project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
59. Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on September 4, 2019, by the following vote, to wit:
AYES: Chair Luna, Commissioners Anderson, Geidner, Meenes, Merz and Stine
NOES: Commissioner Lafferty
ABSENT:
ABSTAIN:
CAROLYN LUNA, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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