HomeMy WebLinkAbout2019-12-18; Planning Commission; Resolution 7354PLANNING COMMISSION RESOLUTION NO. 7354
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A VARIANCE AND MINOR SITE
DEVELOPMENT PLAN TO CONSTRUCT A 2,128-SQUARE-FOOT TWO-
STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 639-SQUARE-
FOOT ACCESSORY DWELLING UNIT, A TWO-CAR GARAGE AND ROOF
DECK LOCATED AT 540 CHESTNUT AVENUE IN THE BARRIO CENTER (BC)
DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: 540 CHESTNUT SFR
CASE NO.: V 2018-0010/SDP 2018-0020 (DEV2017-0138)
WHEREAS, Thomas Gaeto of BG Consolidated, LLC, "Applicant" and "Owner," has filed a
verified application with the City of Carlsbad regarding properties described as:
Lot 32 of Block 30 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof no. 775, filed in the Office of the Recorder of San Diego
County, February 15, 1894
("the Property"); and
WHEREAS, said verified application constitutes a request for a Variance and Minor Site
Development Plan as shown on Exhibits "A" -"J" dated December 18, 2019, on file in the Planning
Division V 2018-0010/SDP 2018-0020 -540 CHESTNUT SFR, as provided by Chapters 21.06, 21.35, and
21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 18, 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 Variance 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
V 2018-0010/SDP 2018-0020 -540 CHESTNUT SFR, based on the following findings and
subject to the following conditions:
Findings:
Variance V 2018-0010
1. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification, in that:
a) Due to the narrow 25-foot width of the lot, the variance is requested to allow for a
reasonable development area for the proposed residence and accessory dwelling unit. The
proposed 10-foot setback in the front yard is similar to the setbacks of existing homes on
Roosevelt Street that vary from nine feet to over 20 feet, and on Chestnut Avenue that vary
from 8.6 feet to over 10 feet as shown on the setback exhibit of the plans. Many of the
homes in the vicinity are on lots that are sixty feet or wider (sixty feet is the minimum lot
width requirement for standard lots) and still benefit from a reduced front yard setback
area. The strict application of the code would result in a smaller home that is set back
further than other homes in the zone that are not burdened by such a narrow lot width.
Lastly, the prior zoning of the subject property and neighboring properties was Residential
Density -Multiple (RD-M), which allows a 10-foot front yard setback provided carports or
garage openings do not face the street and the front yard is landscaped and irrigated. The
proposed 10-foot front yard landscaped setback is similar to the setback allowed under the
prior RD-M zone and consistent with homes that developed under that development
standard.
b) The proposed four-foot interior side yard setback for habitable areas will allow for a home
to be developed at a size that is comparable to homes developed under the same zoning
designation that are not burdened by a narrow lot width. Allowing the zero-foot interior
side yard setback for the garage will allow for the development of a standard two-car garage
with a 20-foot wide interior dimension on the narrow 25-foot wide lot. A zero-foot garage
setback is enjoyed by the abutting property, which is located in the same zone.
Furthermore, the proposed four-foot habitable building setback is similar to the abutting
property that also has a reduced habitable building setback of 4'-6". There is a handful of
other developed properties within the BC District with similar lot widths and reduced
setbacks. Strict application of five-foot side yard setbacks would deprive this property of
development rights enjoyed by other properties within the BC District.
c) The proposed four-foot setback will allow the building to encroach one foot into the street
side yard. The four-foot street side yard setback will allow for a home and garage to be
developed at a size that is comparable to homes developed under the same zoning
designation that are not burdened by · a narrow lot width. Furthermore, one foot of
encroachment into the street side yard setback will not be discernable to the public as 15
feet of landscaped right-of-way is provided with the project in addition to the four feet of
landscaped setback area. The 15 feet of landscaped right-of-way between Chestnut Avenue
and the property and the additional four feet of landscape setback area will help to visually
offset the one foot of building encroachment. ·
d) The proposed clear zone of 7.5 feet is provided on only one side of the driveway whereas it
is required on both sides of the driveway. To provide a clear zone of 7 .5 feet on both sides
of a standard 20-foot-wide driveway (necessary for a standard 20' x 20' garage) would
require a lot width of 35 feet or greater and the lot is only 25 feet wide. Therefore, a clear
zone of 7.5 feet can only be provided on one side of the driveway on the 25-foot wide lot.
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The clear zone is proposed at the south side of the driveway closest to the intersection of
Tyler Street and Chestnut Avenue where site distance is of concern. The city engineering
division has reviewed the project and determined that adequate site distance is provided
for the project as designed with the proposed variance.
2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zone in which the subject property is located and is
subject to any conditions necessary to assure compliance with this finding, in that most properties
in the vicinity are not burdened by a narrow lot configuration. Only one other property in the
immediate vicinity under the same zoning is burdened with such a narrow lot configuration (i.e.
abutting property). The abutting property enjoys a similar reduced side yard setback of 4.5 feet
for the home and zero feet for the garage. Furthermore, many properties along Roosevelt
Street have front yard setbacks that are less than 15 feet. Lastly, requiring a clear zone of 7.5
feet on both sides of a driveway is particularly punitive to a narrow 25-foot-wide lot that is
significantly narrower than most properties in the vicinity. The project provides the required
clear zone at the driveway located closest to the intersection of Chestnut Avenue and Tyler
Street where the city has determined it to be desirable for safety purposes. Therefore, the
variance will not constitute a grant of special privilege to this property.
3. That the variance does not authorize a use or activity which is not otherwise expressly authorized
by the zone regulation governing the subject property, in that the granting of the variance does
not authorize a use which is not otherwise expressly permitted by the zoning regulation,s. The
zoning of the property is V-B and governed by the Barrio Center (BC) District regulations of the
Village and Barrio Master Plan (VBMP). The residential use a is a permitted use within the BC
District of the VBMP. Therefore, a deviation to allow reduced setbacks and one clear zone area
does not authorize a use or activity which is not authorized by the zone because residential uses
are allowed by right in the BC District of the VBMP.
4. That the variance is consistent with the general purpose and intent of the General Plan and any
applicable specific or master plans, in that the proposed residential use is expressly authorized
by the VBMP and General Plan regulations governing the subject property as described above.
The granting of a variance to allow reduced setbacks and one clear zone area for a residential
home is consistent with the general purpose and intent of the Gen~ral Plan for the Village-
Barrio Land Use designation, which allows residential uses by right.
Minor Site Development Plan SDP 2018-0020
5. 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
project is consistent with the General Plan and satisfies all minimum requirements of the Village
and Barrio Master Plan, and Title 21 of the Carlsbad Municipal Code with respect to public
facilities, access and parking as discussed below and in the project staff report dated December
18, 2019, subject to the approval of V 2018-0010.
6. 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 single-family home on a 0.08-acre site located at
540 Chestnut Avenue within the Barrio Center District of the VBMP. The proposed home on the
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subject property is bordered to the north, south, east, and west by existing residences. The
surrounding neighborhood includes single-family and multi-family development and the
subject Barrio Center District and abutting Barrio Perimeter District allow for greater densities
than the proposed lower density single-family residence. Residential uses are permitted by
right in the BC District. Given the residential character of the neighborhood the residential
project is compatible with existing and future land uses. The residential project will not
adversely impact the site, surroundings, or traffic circulation in that the existing surrounding
streets have adequate capacity to accommodate the 10 Average Daily Trips (ADT) generated by
the project. The project, with the requested Variance, 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.
7. 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 0.08 acres, the proposed single-family home has a density of 12.5 du/ac. The
proposed project falls within the higher yet allowable density range and meets all required
development standards with the exception of the request under the Variance. The project
meets Variance findings for reduced setbacks and one driveway clear zone. Therefore, the site
is adequate in size and shape for the development of a single-family home and ADU.
8. 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 residential project complies with all
development standards (i.e. lot coverage, parking, and height restrictions) of the BC District and
the VBMP excepting setbacks and the clear zone as described in the variance findings above.
Landscaping along the outer edge of the property, including the areas along Roosevelt Street,
Chestnut Avenue and Tyler Street will be provided consistent with the requirements of the
City's Landscape Manual. In addition, privacy walls/fences will be provided on the property and
will complement the character of the neighborhood.
9. 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 single-family project will take access off of
Tyler Street, which is identified as a local street, and is designed to adequately handle the 10
Average Daily Trips (ADT) generated by the project. Roosevelt Street, Chestnut Avenue, and
Tyler Street are already improved with pavement, curb, gutter and sidewalks.
General
10. 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 Pl an based on he fac s
set forth in the Staff Report dated December 18, 2019 including, but not limited to the following:
a. Land Use -The proposed project enhances the neighborly community of the Barrio by
providing an additional single-family residential home, and a design that is complementary.
The Barrio currently enjoys a diverse mix of 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 development of structures that provide a cohesive transition between
public and private space; The proposed residence is oriented in that the front entries face
Roosevelt Street and Chestnut Avenue with the garage located at the rear of the property
PC RESO NO. 7354 -4-
off Tyler Street. This orientation in design enhances the walkability of public sidewalks
along Roosevelt Street and Chestnut Avenue; residences closer to the public sidewalks
creates pedestrian-friendly streets and enhances 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 landscaping along Roosevelt
Street, Chestnut Avenue, and Tyler Street. The proposed project is located approximately one-
half mile frorn the Carlsbad Village train station which provides rail and bus service throughout
the day. The existing bike lanes along Roosevelt 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 -The proposed project is located in an area which is considered to be "normally
acceptable" (i.e. the site is located in area that is below the maximum 60 dB(a) CNEL noise level);
therefore, a noise analysis was not completed. Furthermore, Policy 5-P.2 precludes the
preparation of a noise study for development proposals of single-family homes with four units
or fewer in areas where the projected noise exposure is "normally acceptable."
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 the 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.
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 one unit prior to issuance of a building
permit.
11. 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. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
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12. 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.
13. 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.
14. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
15. 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.
16. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
17. 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, whichever occurs first.
l. 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 condit ion issuance of all f ture 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 Variance and Minor Site
Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Variance and Minor Site Development Plan documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
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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 Variance and Minor 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 Variance and Minor
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.
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. At 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.
11. 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
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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.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
13. 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.
14. 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.
15. Prior to the approval of the grading permit, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a(n) Variance and
Minor Site Development Plan by Resolution(s) No. 7354 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.
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. 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.
18. 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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Engineering
General
19. 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.
20. 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.
21. 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. Roof drainage on the
garage shall not be discharged to the adjacent property.
Fees/ Agreements
22. 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.
23. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
24. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private irrigation, trees and shrubs located
over existing public right-of-way or easements as shown on the site plan/preliminary landscape
plan. Developer shall pay processing fees per the city's latest fee schedule. San Diego Gas &
Electric's approval for said encroachment shall also be provided in writing prior to installation
of landscape and irrigation.
25. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair ·share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the subdivision frontage, should a future
district be formed.
Grading
26. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
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.
27. · 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.
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Storm Water Quality
28. 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.
29. 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.
30. 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
31. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
public street & public utility purposes as shown on the site plan. The offer shall be made by a
separate recorded document through application with the city. All land so offered shall be free
and clear of all liens and encumbrances and without cost to the city. Streets that are already public
are not required to be rededicated. Additional easements may be required at final design to the
satisfaction of the city engineer.
32. Developer shall design all proposed public improvements including but not limited to sewer
laterals, driveways and water services/meters as shown on the 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
·th the city's current fee schedule. Developer shall ap ly for and obtain a right-of-way ermit
prior to performing work in the city right-of-way.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
33. 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.
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34. 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.
35. Developer shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
36. 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.
37. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
38. Prior to the issua11ce 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.
39. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
40. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
41. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
42. 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 d~velopment 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
new CAP requirements must be demonstrated on or with the construction plans prior to issuance
of the applicable development permits.
PC RESO NO. 7354 -11-